Page 1599 - Week 06 - Wednesday, 12 August 1992
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Mr Berry: If it is cruel.
MR DE DOMENICO: We have got it wrong somewhere, Mr Berry. On the one hand there is a $200 maximum; on the other, $10,000 and a year's gaol.
MR WOOD (Minister for Education and Training, Minister for the Arts and Minister for the Environment, Land and Planning) (4.50): Madam Speaker, I do not think the Opposition realises the full role and the impact of the codes of practice here. The codes of practice will be established in a whole range of those areas where people deal with animals.
Mr Kaine: You put your finger on it, Minister: Will be.
MR WOOD: Yes, will be. Indeed, there are codes of practice already in operation for racing and a variety of other animal welfare areas. There are codes of practice already in many, but not all, areas. Certainly, racing operates under certain practices. That code of practice will define for those in that particular industry the way they should operate. It is very important that they set it and observe it.
Secondly, the code of practice will help define in court the interpretation of what may or may not be cruelty. The code of practice, if observed, is a source of great security for the people, in this case, in the racing industry. It is a source of security for them. It readily overcomes any of the problems that Mr Colquhoun had. Indeed, in any circumstance, I dispute that the use of the term here in the new legislation is less effective for him than in the former riddled one.
Mr De Domenico: He does not agree with it.
MR WOOD: Well, he is simply wrong, Mr De Domenico.
Mr De Domenico: The whole of the racing industry is wrong, is it?
MR WOOD: Yes. That interpretation, Mr De Domenico, is wrong. It is as clear as that. That interpretation is simply not correct. Let me get back to the codes of practice. I suggest that you get back into this Bill and see how important they are. They are the basic component of how this is going to work. It is going to work for those in the industry and for the protection of animals and it will, if necessary, where cases are taken through, help definition in the courts.
MR STEVENSON (4.52): I think Mr Wood said it very well when he said that the codes of practice will be the basic components. I have read the proposed legislation and I think that the codes of practice are an excellent idea. Mr Wood was quite right. The key word or words he used a number of times are "will" or "will be". The point is that codes of practice are not written for most of the areas this legislation will cover - apart, I suggest, from the circuses, which have a very good code of practice that is followed by the circuses.
Would it not be better to make sure that we have the codes of practice before we create offences in the area, though unintended? Mr Lamont is waiting to jump to his feet. I have asked a question before about the horseracing industry. Clause 7 is very clear. It is not a long clause. It refers to an act of cruelty. It could be held that parts of horseracing or horse-training could be an act of cruelty. It could also be said that these particular clauses reverse the onus of proof. With that, I sit down to allow Mr Lamont to explain.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .