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Legislative Assembly for the ACT: 2000 Week 9 Hansard (7 September) . . Page.. 2957 ..


MR SMYTH (continuing):

The definition of what constitutes a poison has also been expanded. Now it will be an offence under the Animal Welfare Act to poison a domestic or native animal by placing a substance such as glass in something such as meat that could be consumed by, and kill, an animal.

It will be compulsory under the Animal Welfare Act for a person carrying a dog on the open back of a moving vehicle to restrain the dog in such a way that will prevent it from falling or jumping from the back of the vehicle. The exception to this provision is any dog that is being used to work livestock.

Mr Speaker, the most significant amendment to this legislation provides for an offence for a person, other than a veterinary surgeon, to remove the tail of a puppy. A veterinary surgeon may remove a dog's tail if there is a therapeutic reason for doing so. As I have stated, this area of SCAMP received by far the greatest number of comments. The ACT Canine Association is opposed to this ban. However, many well-referenced submissions lodged by veterinarians provided compelling evidence to ensure that this currently common practice is outlawed in the ACT, as there is no sound basis to recommend its continuation.

On this animal welfare measure, the ACT will lead the way in Australian. I throw down the gauntlet to my counterparts in other jurisdictions and challenge them to match the ACT on this matter. This is one area of welfare legislation in which there should be common provisions in all jurisdictions.

Amendments have been made to lift the requirement for veterinary inspections to be carried out on common animals kept in preschools and primary schools. This will facilitate the teaching of responsible pet ownership while freeing up the resources of the ACT Veterinary Service to undertake more relevant work.

The provisions for research and teaching have been amended to recognise the research program appropriately authorised by an interstate animal ethics committee. This step will allow for the more timely and coordinated conduct of a research program undertaken at locations in different jurisdictions.

The power of entry, search and inspection for inspectors and authorised officers under the Animal Welfare Act has been amended. Experience has shown that there is no need for seven days notification to be given to the occupier of premises before conducting an inspection. This addresses serious welfare concerns that rightly existed under the old legislation.

In addition to the above amendments, the opportunity has been taken to bring the Animal Welfare Act into line with current drafting policies. The Domestic Animals Bill and amendments to the Animal Welfare Act are supported by complementary documents. These were part of SCAMP and have been recast to reflect changes to the legislation.

Mr Speaker, as part of the amendments to the Animal Welfare Act 1992, I am also pleased to table the finalised code of practice for the sale of animals in the ACT. This legislation and the accompanying code of practice contain many innovative measures that again see the ACT leading Australia in animal welfare issues. My offer for any


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