Page 5261 - Week 14 - Wednesday, 29 November 2017
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These clauses also remove the complete defence for a keeper where their dog attacks but they were not, at the time of the offence, the carer for the dog. This means that a keeper can still be guilty of an offence if their dog is in the care of someone else and attacks a person or animal, causing serious injury, where they have not taken reasonable steps to ensure that the carer could exercise responsible dog management, care or control. A number of examples are given to assist in interpreting this section. For example, the keeper does have to ensure that the carer is physically able to control the dog. This clause omits section 50(6), consistent with part of clause 7, and moves this definition of serious injury to a different location in the act.
MR COE (Yerrabi—Leader of the Opposition) (3.41): Madam Speaker, the opposition has got no problem with the vast majority of these clauses; there are about 15 or so as part of 6A through to 6N. However, we do have some issues with 6C. Once again we have that word “may”—“may” cancel a special licence if the registrar reasonably believes that there would be an unacceptable risk to the safety of the public. Why you would give any discretion in this is beyond me.
Amendment agreed to.
Proposed new clauses 6A to 6N agreed to.
Clause 7.
MS FITZHARRIS (Yerrabi—Minister for Health and Wellbeing, Minister for Transport and City Services and Minister for Higher Education, Training and Research) (3.42): I move amendment No 8 circulated in my name [see schedule 1 at page 5332]. I spoke to this in my previous comments.
MR COE (Yerrabi—Leader of the Opposition) (3.43): The opposition will be supporting this.
Amendment agreed to.
Clause 7, as amended, agreed to.
Clause 8.
MS FITZHARRIS (Yerrabi—Minister for Health and Wellbeing, Minister for Transport and City Services and Minister for Higher Education, Training and Research) (3.43): I move amendment No 9 circulated in my name [see schedule 1 at page 5333]. These clauses retain the ability for a court to order a dog to be destroyed or take other appropriate action where a dangerous dog attacks or harasses another person or animal. These clauses do not limit the ability of the registrar to take action in relation to an attacking or harassing dog as provided for elsewhere in this bill. These clauses omit section 50A(6), consistent with part of clause 7, and move the definition of “serious injury” to a different location in the act.
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