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Legislative Assembly for the ACT: 2000 Week 11 Hansard (28 November) . . Page.. 3333 ..


Amendments agreed to.

Clause 68, as amended, agreed to.

Clause 69.

MR SMYTH (Minister for Urban Services) (5.14): We oppose clause 69.

Clause 69 negatived.

Clause 70.

MS TUCKER (5.15): I move:

No 12-

Page 31, line 9, subclause (1), omit the subclause, substitute the following subclause:

"(1) The keeper of a dog may only relinquish ownership of a dog-

(a) by signed writing; and

(b) if any fee is payable by the keeper under this Act in relation to the dog-when the fee has been paid.".

This clause allows the keeper of a dog to relinquish ownership of the dog. This is relevant where a dog has been impounded and the owner does not want the dog back. Once ownership is relinquished, the registrar is able to seek the sale of the dog or to kill it. The problem here is that this provision makes it very easy for dog owners to give up their responsibility to care for their dogs and increases the chance that a dog may be killed through no fault of its own.

My amendment therefore makes it a requirement that a keeper of a dog can relinquish ownership only after any outstanding fee payable under this legislation has been paid, so that at least a dog owner might think twice before giving up their responsibilities towards their pet.

MR SMYTH (Minister for Urban Services) (5.16): The government will oppose this amendment. Any fees payable are still payable by the owner after the dog is relinquished. Clause 70 sets out the procedure for the owner of a dog to relinquish a dog that has been seized. Once the dog is relinquished, it allows the registrar to sell the dog or destroy the dog without having to wait for the time required by other provisions of the bill. It is seven days after the notice of seizure was served on the owner for most dogs or 28 days for a dangerous dog.

The way we have it currently allows and owner to relinquish a dog by writing, and relinquishment comes into effect three days after the writing is received by the registrar. The amendment means that it will be possible to relinquish ownership only if the relevant fees have been paid. Until the fees have been paid it would not be considered that ownership of the dog had been relinquished. We think that is unwieldy and believe that the way the bill reads already is much better.

Amendment negatived.


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