Page 1601 - Week 06 - Wednesday, 12 August 1992
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MR LAMONT: Madam Speaker, thank you for your consideration of that point. I do not wish to cause any distress to the members of the Opposition. I think that we have to get down to the substance of this issue. I withdraw, Madam Speaker, acknowledging the comments that you have made in relation to it, if it causes distress - notwithstanding your ruling, Madam Speaker. All I would say, Mr Kaine, is that your own spokesperson's amendment, tabled and being debated at the moment, says:
For the purpose of this Bill, a person commits an act of cruelty upon an animal if -
... ... ...
(d) he/she knowingly or negligently does an act or omits to do an act which results in pain, suffering or distress to an animal ...
So, you get your act in order before you point the finger at us about what our proposal means.
In relation to the question raised by Mr Stevenson, I believe that the test is that it could be regarded as cruelty under a definition of "undue stress to an animal" if a horse were to be absolutely flogged down the straight. I do not believe that you or anybody in the racing industry would condone such an act. I certainly do not. The Bill allows, as the Minister has said, for a code of conduct to be developed in the racing industry, and that code of conduct will be developed pursuant to the Act. The Act will be in place. The code of conduct shall, if you like, hang off the Act, be part of the Act, and, I understand, Minister, that it will in fact, at the end of the day, be a disallowable instrument in this Assembly.
I believe that we have covered all of the points that have been raised about concerns, particularly those raised by Mr Colquhoun from the Racing Club. I believe that the processes which are put into place in this Bill are exemplary for ensuring that the concerns not only of the animals involved in sport but also of the industry involved in sport are taken care of, and will be taken care of.
MR KAINE (Leader of the Opposition) (4.59): Madam Speaker, before we vote on this particular clause I would like to pose a question to the Minister for the Environment, Land and Planning. It is a fairly straightforward one. Clause 7 says:
A person shall not, without reasonable excuse, commit an act of cruelty on an animal.
Can the Minister tell me under what circumstance it would ever be reasonable? How would anybody ever have a reasonable excuse for committing an act of cruelty on an animal? If he cannot, why - - -
Mr Connolly: I would have thought that, when the tiger that Mr Humphries lets out is holding you down and mauling you, you would be justified in stabbing it.
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