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Legislative Assembly for the ACT: 2000 Week 11 Hansard (28 November) . . Page.. 3279 ..
MR SMYTH (continuing):
logic would apply to a swimming place. It might be okay when you turn up on your own, when you and your family are the only persons there with your dog. But what if another family turns up? I think this would lead to disputes, to situations of "I was here first, you can't use this." "But this is a public place, I want to use it." We should avoid that. There are ample places for people to take their dogs. They can have barbecues at home. There are ample places for dogs to be allowed to swim. It is appropriate that dogs be prohibited from public defined places.
MR CORBELL (12.30): The Labor Party will not be supporting Ms Tucker's amendments. I think the point has been well made by the minister that you need to have a clear, concise framework for enforcement. The amendments proposed by Ms Tucker could create circumstances of uncertainty and difficulty in enforcement, so we will not be supporting them.
MS TUCKER (12.30): I did not hear either Mr Corbell or Mr Smyth respond to the fact that the dogs are prohibited within 10 metres of children's play equipment if there are children playing on it. You have that kind of qualification already on one aspect, so I do not quite see that your arguments are consistent.
Amendments negatived.
Clause 42 agreed to.
Clauses 43 and 44, by leave, taken together and agreed to.
Clause 45.
MR SMYTH (Minister for Urban Services) (12.31): I move amendment No 9 circulated in my name:
No 9-
Page 19, line 6, after subclause (5) insert the following new subclause:
"(6) In a prosecution for an offence against subsection (1) or (3), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection.".
Mr Speaker, I might speak to clauses 45 and 48. These clauses address offence provisions relating to restraining dogs in various circumstances. My amendment seeks to bring these two offence provisions in line with clause 44.
Amendment agreed to.
Clause 45, as amended, agreed to.
Clauses 46 and 47, by leave, taken together and agreed to.
Clause 48.
MR SMYTH (Minister for Urban Services) (12.32): I move amendment No 10 standing in my name:
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