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Legislative Assembly for the ACT: 2000 Week 4 Hansard (30 March) . . Page.. 1112 ..
MR HARGREAVES (continuing):
vehicles remain where we leave them. Some of us buy steering locks, install engine immobilisers or install car alarms to deter the would-be thief. Sometimes this is reflected in our insurance policies by our being charged less.
This legislation does not address the implications of locking a vehicle when an animal is inside. There is conflict between this legislation, which exempts people only when there are children under 16 years old in the car, and the Animal Welfare Act. Section 7 of Part II of that Act says:
A person shall not, without reasonable excuse, commit an act of cruelty on an animal.
Section 8(1) of the same Act says:
A person shall not, without reasonable excuse, deliberately cause an animal unnecessary pain.
Section 8(2) says:
A person in charge of an animal shall not, without reasonable excuse -
... ... ...
(b) fail to take reasonable steps (including, where appropriate, seeking veterinary treatment) to alleviate any pain suffered by the animal.
Paragraph (d) says:
neglect the animal so as to cause it pain ...
Section 15 says:
A person shall not, without reasonable excuse, convey or contain, or cause to be conveyed or contained, an animal in circumstances under which the animal is subjected to unnecessary injury, pain or suffering.
Rule 213 requires us to lock up a vehicle when the people in it are younger than 16 years or if there are no adults in it. That means that you can leave a dog in a car with the windows wound up and the dog can become distressed. The Animal Welfare Act clearly says that you cannot do that. Which one is right? Where is the chicken and where is the egg, Mr Speaker? These things ought to be complementary in compliance. They should not have contrary intentions. (Extension of time granted) I think that compliance with the new regulations would not constitute a reasonable excuse if an animal were to be distressed by heat and unable to be rescued because a vehicle was locked, even for a short time.
Mr Speaker, that is an important issue. It is an important aspect of these regulations. The regulations are not template legislation; they are uniform legislation. That means that the ACT is at liberty to change parts of the regulations which are not appropriate to the
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