Page 2572 - Week 09 - Wednesday, 24 August 1994
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Subsection 51(2), though, states:
Subsection (1) does not apply in relation to a circus in which there are no performing animals, or in relation to a travelling zoo.
On the Government's logic, what is the difference between a travelling zoo and a circus using animals?
Mr Lamont: They are still required to get a permit - ha, ha, ha!
MR STEFANIAK: But you cannot get a permit if you have these exotic animals in a circus.
Mr Lamont: That is dead right.
MR STEFANIAK: There are inconsistencies there, Mr Lamont. Madam Speaker, this Act, whilst it had a rather tortuous process through this Assembly in 1992, did come out with a number of safeguards which we certainly have absolutely no problems with. In fact, I understand that during the debate we moved to strengthen some of those safeguards. Section 7, for example, makes it an offence for a person, without reasonable excuse, to commit an act of cruelty on an animal. I understand that my party, in fact, wanted to delete the "without reasonable excuse", thus strengthening that section. However, that is an offence, as it stands. Similarly, subsection 8(1) states:
A person shall not, without reasonable excuse, deliberately cause an animal unnecessary pain.
And there are penalties for such conduct. Section 9 deals with confined animals. It states:
(1) A person in charge of a confined animal shall not, without reasonable excuse, fail to provide the animal with adequate exercise.
(2) A person shall not, without reasonable excuse, confine an animal in a manner that causes injury, pain, or undue distress to the animal.
Penalty: $10,000 or imprisonment for 1 year, or both.
These are sensible, strong provisions against the mistreatment of animals. We have absolutely no problems with them. In fact, we tried to strengthen sections 7 and 8, as I indicated. Section 9 especially is a section which provides protection to any circus animal. Subsection 56(2), which will remain if the Liberal Party's Bill is accepted by members of this house, provides:
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