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Legislative Assembly for the ACT: 2000 Week 11 Hansard (28 November) . . Page.. 3337 ..


Clause 111.

MR SMYTH (Minister for Urban Services) (5.24): I move:

No 27-

Page 55, line 2, subclauses (1) and (2), omit the subclauses, substitute the following subclauses:

"(1) A person affected by an animal nuisance may complain in writing to the registrar about the nuisance.

(2) The registrar must investigate the complaint unless satisfied that the complaint is frivolous or vexatious.".

Clause 111 provides the avenue which people will use to complain to the registrar concerning a nuisance animal. The provision is being amended to ensure that the registrar need not investigate a complaint if he feels it is frivolous or vexatious. We are all aware of the trouble a dog can cause in a neighbourhood. I do not want people to use this legislation to pursue vexatious claims against their neighbours. Hence the amendment.

Amendment agreed to.

Clause 111, as amended, agreed to.

Clause 112.

MS TUCKER (5.25): I move:

No 14-

Page 56, line 12, after subclause (4) insert the following new subclause:

"(4A) A copy of a nuisance notice must be given to the person because of whose complaint the nuisance notice was issued.".

This amendment is about showing respect to persons who have initiated an animal nuisance complaint. Where the complaint results in the issue of a nuisance notice, this amendment will require the registrar to give a copy of the notice to the complainant so that they know what has happened to their complaint. This matches the existing requirement on the registrar under clause 111 to inform complainants if the register is not issuing a nuisance notice.

MR SMYTH (Minister for Urban Services) (5.25): The government will support the amendment.

Amendment agreed to.

Clause 112, as amended, agreed to.

Clauses 113 and 114, by leave, taken together and agreed to.

Clause 115.


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