Page 689 - Week 03 - Thursday, 21 May 1992
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The Bill recognises a major community concern in the use of animals in research and teaching. To meet this concern, all researchers and teachers must obtain prior approval from an animal experimentation ethics committee for all scientific procedures involving animals. Circuses are to be regulated by a permit system, which means that individual circuses are accepted only if they meet reasonable standards of animal welfare considerations.
We agree that the concerns about steel-jawed traps are legitimate and they have therefore been banned. Other traps will be considered on their merits and can be either banned or restricted by regulation if it is appropriate. The use of traps by the occupier or with the occupier's consent is permitted. This allows trapping of pests and feral animals to continue with deference to humane treatment.
We thought it important that there be two classes of inspectors. One class will have powers to inspect premises other than research or teaching institutions. An inspector will have the power to enter without consent and without a search warrant if the inspector believes, on reasonable grounds, that the circumstances are so serious and urgent as to require the immediate exercise of their powers. Police officers will have the powers of inspectors.
The second class of inspectors are authorised officers who will be appointed for inspection of research and teaching institutions. In addition, we propose that inspectors, authorised officers and veterinary surgeons be permitted to alleviate the suffering of an animal by providing treatment, to order the owner to provide treatment, or to destroy a severely injured animal. To protect an owner of an animal which is made ill, injured or destroyed by the negligence or malicious act of an inspector or authorised officer, there is a right to claim compensation.
We thought it very important that a court can order the removal of any animal under the charge of a person convicted of an offence under this legislation. In addition, the court may prohibit that person from taking custody of another animal.
The Bill also provides for the establishment of an animal welfare advisory committee. The functions of the committee will include advising the Minister on animal welfare matters and assisting in the review and development of codes of practice which are so important in dealing with the specifics of the care and management of animals.
The Animal Welfare Bill 1992 represents the culmination of more than five years' work by my department in developing a comprehensive reform of animal welfare legislation in the ACT. The proposals I am presenting today have been developed in close consultation with the community. The Government is proud to be introducing legislation which will lead to a significant advance in the welfare of animals in the ACT. Madam Speaker, I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Westende) adjourned.
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