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Legislative Assembly for the ACT: 2000 Week 11 Hansard (28 November) . . Page.. 3280 ..
MR SMYTH (continuing):
No 10-
Page 20, line 9, after subclause (4) insert the following new subclause:
"(5) In a prosecution for an offence against subsection (1) or (2), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection.".
As I have already said, Mr Speaker, the amendments seek to make sure that clauses, 44, 45 and 48 are in line.
Amendment agreed to.
Clause 48, as amended, agreed to.
Clause 49 agreed to.
Clause 50.
MS TUCKER (12.33): I move amendment No 8 circulated in my name:
No 8-
Page 20, line 24, subclause (3), omit the subclause, substitute the following subclause:
"(3) In a prosecution for an offence against subsection (2), it is a defence if-
(a) the defendant establishes that the person or animal provoked the dog; or
(b) the person was attacked because the dog came to the aid of its keeper, or another person or animal that the dog could reasonably be expected to protect; or
(c) if the attack or harassment was on premises occupied by the defendant, the defendant establishes that-
(i) the person was on the premises without reasonable excuse; or
(ii) the person failed to take reasonable care for his or her own safety.".
Clause 50 relates to the offence of a keeper allowing a dog to attack a person or animal. Various defences are allowed for keepers against this offence, in keeping with the reasonable expectations of how a dog is likely to behave if put in a situation where the dog would want to defend itself against some perceived threat from the victim. A defence is allowed that the victim was attacked because the dog came to the aid of its keeper. However, there are other people that a dog could be reasonably expected to protect, such as the keeper's family. A dog could also be expected to come to the aid of other animals, such as its own offspring. I have therefore included this situation as an extra defence and, in the process, the list of defences has been rearranged.
MR CORBELL (12.34): This small minor amendment appears to cover the range of circumstances that could reasonably be expected and, as such, the Labor Party will be supporting it.
MR SMYTH (Minister for Urban Services) (12.34): The government will be supporting the amendment.
Amendment agreed to.
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