Page 876 - Week 04 - Tuesday, 16 June 1992
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urgent and serious matters. The use of this power will be strictly regulated by the authority. Any entry without a warrant may be subject to an examination in court. It must be strictly based on a reasonable cause. Any entry that cannot be justified may be subject, and properly so, to civil action. The use of police as inspectors was a question that Mr Westende also raised. This was proposed in the policy statement that his colleagues in the Alliance Government endorsed. It received bipartisan support in that policy statement. The Bill does not confer on the police a power that they do not already have. They can, under the Crimes Act 1900, enter premises where they believe that a crime is being committed.
Mr Westende in his comments then went on to talk about the composition of the Animal Welfare Advisory Committee. This Bill is not prescriptive in the composition of the committee, which allows for a change of circumstances. The proposed composition, as detailed in the policy statement, is likely to be followed initially to ensure that the committee is representative of major interests in animals and animal welfare in the ACT. The AWAC will be the mechanism for community consultation in the development of codes of practice. It is an advisory committee with no intrinsic powers. Any code of practice - this is something that my colleagues opposite would do well to bear in mind - or regulation formulated with the advice of the AWAC is subject to disallowance by this Assembly.
Interpretation of terminology in the Bill was another issue that Mr Westende raised. The expert knowledge of the government vets, the RSPCA and trained inspectors will be used to determine what constitutes cruelty to animals in particular circumstances. Codes of practice will also deal with issues such as transporting animals and proper shelter. The meaning of terms such as "cruelty" is ultimately determined in a court of law, based on prevailing community standards and accepted codes of practice.
Mention was made of the use of animals in research. The John Curtin School of Medical Research was mentioned. That organisation currently operates in line with the National Health and Medical Research Council code of practice for the use of animals in research and teaching. They have an already established Animal Experimentation Ethics Committee for approval of all scientific projects. The Bill will therefore have little practical effect on that institution. The ACT Government, despite what has been said here this evening, has been dealing direct with the John Curtin School during the development of this Bill. They have not expressed any continuing concerns about the matters addressed by the Bill.
Mr Westende also went on to talk about Canberra's heritage and Canberra's culture being personified by the rodeos - the rodeos that we have not had in this Territory for 10 years. We have not had a rodeo in Canberra for 10 years.
Mr Moore: And there will not be any for the next 10 years either.
MR LAMONT: That is dead right, Mr Moore. There is a potential for cruelty in some events traditionally included in a rodeo, such as devices to induce bucking by rodeo animals. The potential for cruelty was recognised in the Senate Select Committee on Animal Welfare report on equine welfare and competitive events other than racing. A ban on rodeos is seen to be appropriate in the ACT due to the potential for cruelty and the fact that there has not been a rodeo in the Territory, as I have said, over the last 10 years. As I say, this would indicate that rodeos cannot and should not be regarded as part of the ACT's heritage and culture. That is nonsense and piffle.
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