Page 5264 - Week 14 - Wednesday, 29 November 2017
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dangerous dog and impose a dangerous dog licence or issue a control order for the dog. Appeal time frames are seven days if the registrar decides to destroy the dog for this kind of attack.
Under class 2 attacks, the clause requires the registrar to take action if reasonably satisfied, by a complaint or otherwise, that a dog attacked and caused an injury, other than a serious injury, to a person, or serious injury to an animal. The registrar can destroy the dog, declare the dog a dangerous dog and impose a dangerous dog licence, issue a control order for the dog or release and/or take no action in relation to the dog. The registrar must consider the safety of the public in deciding whether or not to destroy the dog.
In relation to a class 3 attack, the clause requires the registrar to take action if reasonably satisfied, by a complaint or otherwise, that a dog harassed a person or animal or is aggressive or menacing to an extent that the dog may endanger the safety of the public. The registrar can declare the dog a dangerous dog and impose a dangerous dog licence, or issue a control order to the dog’s keeper. This clause gives the registrar the discretion to investigate a matter irrespective of whether there is a complaint.
These clauses also give the registrar the power to revoke a control order only on certain grounds and make it an offence for a person to fail to comply with a control order. Failing to comply with a control order attracts a maximum penalty of 50 penalty units, and this is considered reasonable and proportionate to the offence.
MADAM SPEAKER: The question is that clause 9, amendment No 1 on the pink sheet, be agreed to.
Mr Coe: Firstly, on a point of clarification, does the minister need to seek leave to have these amendments put forward? Twenty-four hours notice was not given.
MADAM SPEAKER: Mr Coe, as I understand it, the pink sheet amendment is amending her earlier amendment 10. Leave was not strictly granted. I would hope that, in the spirit of moving through, we allow this pink sheet to be debated.
Mrs Jones: We need to seek leave.
MADAM SPEAKER: If it is simply a matter of leave, I do not believe that leave was necessary. But if that would satisfy you to allow us to progress the debate, I think we should just proceed.
Mr Coe: In terms of this process, given that this pink sheet was not distributed before midday yesterday, I do not know how leave could not be required.
Ms Fitzharris: Madam Speaker, can I seek leave in hindsight?
MADAM SPEAKER: No. I sought advice from the Clerk, and the advice was that we believe it is in order. If it is the will of the chamber to seek leave—
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