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12 March 1991 - Current

 
Domestic Animals Amendment Bill 2015
Page 687
18 March 2015
ASSEMBLY Statement of compatibility JACINTA ALLAN

Ms ALLAN (Minister for Public Transport) tabled following statement in accordance with Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the charter act), I make this statement of compatibility with respect to the Domestic Animals Amendment Bill 2015 (the bill).

In my opinion, the bill, as introduced to the Legislative Assembly, is compatible with human rights as set out in the charter act. I base my opinion on the reasons outlined in this statement.

Overview

The bill amends the Domestic Animals Act 1994 (the act) to impose a moratorium on the destruction of a restricted breed dog (RBD), in certain circumstances, for the purposes of the proposed inquiry into the current arrangements, benefits and challenges of legislative provisions for RBDs in Victoria by a joint investigatory committee of the Parliament under section 33(1) of the Parliamentary Committees Act 2003.

The moratorium period will start on commencement of the bill and end on 30 September 2016 and is intended to provide sufficient time for the joint investigatory committee to report to the Parliament, for the government to consider and respond to any recommendations made by the committee and for the preparation and passage of any amending legislation that may be needed to implement a recommendation.

The bill imposes a moratorium on the destruction of an RBD under sections 84P(a) and 84P(b) of the act as they are the only provisions which permit destruction of a dog solely because it is an RBD.

Apart from preventing destruction of an RBD under those sections, the moratorium does not otherwise affect the operation of the act.

Human rights issues

The bill does not engage any human rights protected under the charter act. I therefore consider that this bill is compatible with the charter act.

Hon. Jacinta Allan, MP
Minister for Public Transport
Minister for Employment