Page 3389 - Week 11 - Wednesday, 13 October 1993

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MR WESTENDE (11.10), in reply: Madam Speaker, we on this side of the house are very pleased that this matter has come up. Even though the issue of the control of dogs can get very emotive at times, we believe that we have arrived at a reasonable solution, through cooperation and consultation, to provide legislation which is practical and worth while to the Canberra community as a whole. I wish to thank my colleagues on this side and other members for their input to this Bill, and also the various organisations we consulted, including the Minister's working party. I am very pleased with the overall outcome and I thank the Minister and his staff for at all times being available on this matter, which is still of concern to the community. I believe that we have come up with the best possible solution, including the Minister's amendments.

Let me go over the amendments agreed to recently by the Minister and me, with the assistance of the Registrar of Dogs, other staff and the legal representatives. Firstly, it was agreed that in clause 4 we would define the terms "dangerous dog licence" and "keeper's licence". The original clause 5 is to be deleted and a new clause 5 substituted to include a keeper's licence and a dangerous dog licence. Part IIA of the Act has been amended by inserting the word "keeper's" where appropriate, and we have agreed to insert a new Part IIB, which clearly sets out the requirements for keeping a dangerous dog. Clause 5 now clearly sets out the registrar's obligations. It is explicit in relation to the registrar's power in granting a licence and it is explicit in stating the consequences of non-compliance under a keeper's licence and/or dangerous dog licence.

In clause 6, we have amended the fine, and in clause 7 we have added a further subclause about muzzling. In clause 8, the penalty for an attacking dog has been amended, and in clause 9 we have agreed to broaden the inspector's powers in relation to the seizure of dogs and dangerous dogs. Clause 10 was deleted and a new clause substituted to add a further subsection to section 31 of the principal Act providing for the awarding of costs of frivolous court actions against a person instituting proceedings. By deleting clauses 11 and 12 and substituting a new clause 11 we have strengthened the wording dealing with the destruction of dogs by the registrar under the keeper's licence and the dangerous dog licence provisions. In clause 13 we deal with minor changes to appeals, as well as broadening appeal reviews.

I believe that, with the incorporation of the above amendments, the ACT community will feel more comfortable in the knowledge that laws regarding dogs in general, and particularly the keeping of dangerous dogs, afford residents more protection than has been the case. In achieving this, I would like to thank my colleagues and other members for their support. It is not our intention to debate clause by clause the amendments proposed by the Minister. I believe that we can therefore proceed to deal with the Bill as a whole.

Question resolved in the affirmative.

Bill agreed to in principle.


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