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Legislative Assembly for the ACT: 1997 Week 9 Hansard (3 September) . . Page.. 2794 ..

MR HUMPHRIES (continuing):

I also have concerns about the Animal Welfare (Amendment) Bill provisions to do with the expansion of the powers of inspectors. These provisions are not the subject of amendments to be moved by Mr Corbell, but I would ask members to consider very seriously what these provisions do. The powers that are prescribed in this Bill are that an inspector may, at any reasonable time, enter any premises used for any commercial activities relating to animals and enter any research or teaching institution that uses animals or enter any premises that keeps or breeds animals for a commercial purpose. That is a very wide power.

I think later today Mr Moore is going to bring forward amendments in respect of the motor traffic legislation to deal with the civil liberties of people in respect of offences relating to motor vehicles. I would be astonished if Mr Moore were serious about wanting to support provisions in this Bill which, in effect, give animal welfare inspectors wider powers than even the police enjoy. The powers being conferred in this legislation are very wide. There is no requirement for notice to be given or for the consent of the occupier to be obtained. There is an obligation on the inspector who enters the premises to report to the authority as to his or her finding as to whether the Act has been complied with and to make a recommendation as to further action. The term "premises" has a very wide meaning under the Act, and the report has to be publicly available. Clause 7 of the Bill inserts - - -

Mr Moore: I will support your amendment on that, Gary, to limit the - - -

MR HUMPHRIES: I do not have one as yet.

Mr Moore: You had better do it.

MR HUMPHRIES: I will prepare one, obviously. Clause 7 inserts provisions titled "Walk-through powers". Clauses 8 and 9 of the Bill remove the requirement for seven days' notice unless the inspector or authorised officer believes on reasonable grounds that there is an animal or thing connected with an offence. They are very wide provisions indeed.

The Act provides for entry by inspectors, with notice, for routine inspections. If an inspector believes on reasonable grounds that there is an animal or thing connected with an offence, there are three powers of entry - with the consent of the occupier of the premises; in serious or urgent circumstances, that is, in an emergency of some kind; or pursuant to a warrant. Why should inspectors not be required to obtain warrants if they believe that they need to make an inspection without notice? That is the provision that ought to apply. That is the provision that would reflect other provisions in ACT legislation. That is what we should be doing in this case.

As I have said, the provisions would give inspectors under this Act greater powers than the police have in relation to the kinds of premises to which the Act relates. We know that the powers of inspectors under the Tax Administration Act are at least as wide, but the circumstances are different altogether.

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