Page 1648 - Week 06 - Thursday, 13 August 1992

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ESTIMATES - SELECT COMMITTEE
Membership

MADAM SPEAKER: I inform the Assembly that the membership of the Select Committee on Estimates 1992-93, as determined pursuant to the resolution of the Assembly of 11 August 1992, is: Mrs Carnell, Mr Cornwell, Mr De Domenico, Ms Ellis, Mrs Grassby, Mr Humphries, Mr Kaine, Mr Lamont, Mr Moore, Mr Stevenson, Ms Szuty and Mr Westende.

ANIMAL WELFARE BILL 1992
Detail Stage

Clauses 12 to 17

Debate resumed from 12 August 1992.

MR WESTENDE (12.05), by leave: I move:

Clause 12 - page 8, line 8, omit "$10,000 or imprisonment for 1 year, or both", substitute "$5,000 or imprisonment for 6 months, or both".

Clause 13 - page 8, line 13, omit "$10,000 or imprisonment for 1 year, or both", substitute $5,000 or imprisonment for 6 months, or both".

Clause 14 - page 8, line 20, omit "$10,000 or imprisonment for 1 year, or both", substitute "$5,000 or imprisonment for 6 months, or both".

Clause 15 - page 8, line 33, omit "$10,000 or imprisonment for 1 year, or both", substitute "$5,000 or imprisonment for 6 months, or both".

Clause 16 - page 9, line 8, omit "$10,000 or imprisonment for 1 year, or both", substitute "$5,000 or imprisonment for 6 months, or both".

Madam Speaker, as indicated yesterday, clauses 12 to 17 are practically identical. We simply seek to amend the penalties. In our opinion, the penalties set out in clauses 12 to 17 are extremely high and are not in keeping with other Acts passed by this house. For instance, in regard to clause 14, we believe that, while the word "knowingly" might be appropriate in a situation where one normally uses spurs, on the other hand, in horseracing one knowingly uses spurs. Also, the Bill should be precise in its extent. How could you not know that spurs had sharpened or fixed rowels if you were wearing them?

As to clause 15, we have already said that our concern is with the words "without reasonable excuse". Once again, we want the penalty to be amended. In clause 16 we again come across the words "without reasonable excuse". We believe that there is some ambiguity in that clause. Clause 17 states:

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