Page 1607 - Week 06 - Wednesday, 12 August 1992
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Clause 9
MR WESTENDE (5.19), by leave: I move:
Page 7, subclause (2), line 5, omit "that causes injury, pain, or undue distress", substitute "that causes injury or pain".
Page 7, subclause (2), line 6, omit "$10,000 or imprisonment for 1 year, or both", substitute "$5,000 or imprisonment for 6 months, or both".
I think enough has been said, Madam Speaker.
MR CORNWELL (5.20): Madam Speaker, I have referred to this as the Dolittle clause. Mr Connolly and I had an exchange last night on whether or not we should have simple words in our law. Therefore I drew attention to this matter as an example of what I do not believe is simple wording so far as law is concerned. The term "undue distress" is used here. What, pray, is undue distress? That is why I call it the Dolittle clause. Presumably one speaks to the animals to discover that they have suffered undue distress. I think it is a meaningless phrase, and that is why I support Mr Westende's amendment to subclause 9(2). I might add, Madam Speaker, that, if it is an offence if a person, without reasonable excuse, confines an animal in a manner that causes undue distress to the animal, is it therefore not an offence just to cause distress to the animal under such circumstances? I think it is a meaningless phrase. I do not believe that anybody could prove undue distress. I believe that commonsense should dictate that the phrase be deleted from this legislation.
MR HUMPHRIES (5.21): Madam Speaker, I rise to support the comments made by Mr Cornwell about the phrase "undue distress". It is a very difficult concept to understand, particularly when you focus on the word "undue". When is distress due to an animal? In what circumstances is it permissible for an animal to feel distress about being confined? I think Mr Lamont and Mr Connolly, in debate yesterday, pointed out that elephants appear to be distressed about their confinement in cages when travelling between circus sites. I would concede that it is possible - I really do not know - that they sometimes are. It is also possible that horses are distressed about having to be in horse floats between locations.
I am sure, going back to my topical example, that my dog is distressed about being put in the backyard when I go to work in the morning. But, again, when is the distress due and when is it undue? If I come home at five o'clock, is the distress then due, because he can expect to be relieved of his confinement early? If I come home at midnight, is it then undue?
Ms Follett: Yes. You could at least ring him up. You should ring him up.
MR HUMPHRIES: I was here until midnight last night; so that is your fault, Chief Minister, not mine.
Mrs Grassby: At least you should ring him and tell him that you will be late.
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