Page 1401 - Week 05 - Thursday, 25 June 1992

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APPENDIX 2:

Incorporated in Hansard on 25 June 1992 a

Map

Nc:.

IN RESPONSE TO LIBERAL POINTS ON THE ANIMAL WELFARE BILL

The Bill is based on the Policy Statement, which

consultation with many community groups and individuals with an

interest in. animal welfare in the ACT. The Policy Statement received

endorsemnt from. the Alliance Government in October 1990; and was

subsequently endorsed by the Labor Government in October 1991.

-Penalties. . - .

Offences committed under the Animal Welfare Bill are essentially by a person who mistreats defenceless animals, often calculated and premeditated. Offences under the Dog .Control Act are typically unpremeditated and instinctive.The level of penalty has been determined by the Law Office and is consistent with other relevant ACT legislation. .

Any anomalies will be addressed by the parity of penalties initiative being -

adopted by the ACT Government.

Appointment of Inspectors

The Government is aware of potential problems associated with overzealous inspectors. Each inspector, appointed by the Authority, will be required to undergo formal training in both the interpretation of the legislation and the-appropriate conduct of his or her duties. .

The Authority is responsible for the appointment and regulation of Inspectors.

It is anticipated that the inspectors will initially be the Government Vets and the RSPCA inspector, who have proven capabilities in the field ofanimal welfare inspections. -If the powers of an inspector are misused, the appointment of an inspector may be revoked. Authorisation as an Inspector is unlikely to be conferred upon anyone holding extremist views.

Powers of entry without a warrant. This is a standard power of entry,. embodied in several other pieces of regulating Legislation: It is impossible to predict the circumstances in which it may be needed but its use will be limited to the most urgent and -serious. matters.. The use of this power will be strictly regulated by. the .Authority.

Any entry without a Warrant -may be subject to an examination -in a court. It must be strictly based on an reasonable cause. Any entry that can not be justified may be subject to civil action. . .

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