Page 1605 - Week 06 - Wednesday, 12 August 1992
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they are committing an offence before we develop the code of practice. I really think that is a reasonable point. I really do not see how it can be reasonably argued against. It can be suggested that it does not really matter. When we say that we will have a code of practice later on, we are actually saying that we know that it is a problem when we pass the law, but it will be repaired by the code of practice. I really think that that is not the ideal way to develop legislation or to pass laws.
MR DE DOMENICO (5.14): Madam Speaker, I speak to clause 8 of the Bill, notwithstanding the words of the Minister, who said that he disagreed with Mr Colquhoun. Mr Colquhoun, as I said, is not only the president of the ACT Racing Club but also a very well-known and respected legal mind in this community. We have been talking a lot about the racing industry. For the record, let us hear what a respected lawyer, the president of the Racing Club, says about clause 8. I do not know whether there has been some discussion overnight with Mr Colquhoun, but this is what he said yesterday:
This Clause is expressed so widely that it opens up a Pandora's box for the racing industry.
That pain is caused to racehorses daily is undeniable. Whether such pain is excessive or unnecessary should be a matter for the prosecution to prove. It should not be for the defendant to have to show that he had a "reasonable excuse" for inflicting the pain.
I am still quoting:
Again, jockeys, trainers, strappers, barrier attendants, float drivers and farriers are all put at risk of prosecution and thereafter forced to prove, in their own defence, that they had a reasonable excuse.
Section 20 provides that it is a defence to a prosecution for an offence under this Part that the conduct was conducted in accordance with an approved code of practice.
We keep hearing about codes of practice. Once again I quote:
This again reverses the onus of proof. In addition the Bill will become law before any code of practice for the racing industry is even drafted.
The last words that Mr Colquhoun wrote - this summarises what everyone should be saying - were:
This is untenable.
That is what the president of the ACT Racing Club says. So much for anyone who talks about codes of practice. Once this Bill becomes law very shortly, every person involved in the ACT racing industry will be affected.
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