Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 116 of 3307/5/2010LEGISLATION IN OTHER COUNTRIES OF INTERESTAUSTRALIA(10/25/09) – Maltese added to dangerous dog list. They may look friendly and loveable, but the little Maltese terrier has joined the NSW government's list of ill-tempered dogs. TheMaltese terrier was involved in 12 attacks on people across NSW in the July-September period, according to the latest Dog Attack Register. It is the first time the dog has featured in the "top20 attacking list" on the register launched in January. "This is obviously a surprising outcome, but nonetheless a reminder that any dog has the potential to attack, regardless of breed,"Minister for Local Government Barbara Perry said today.(10/21/09) - Time to ban pit bull terriers? Should there be a mass euthanisation of pit bull terriers in Australia? - A recent horrific attack by a pit bull terrier which held a man’s hand inits jaws until the dog was killed, has sparked an urgent call for a national approach to deal with such dangerous breeds. And as councils are accused of failing to enforce strictlaws aimed at controlling and eventually eliminating such breeds, Victorian RSPCA president Hugh Wirth has said states should now consider banning pit bulls. However,Michael Beattie from RSPCA Queensland was not so keen to send the pit bull to the great dog kennel in the sky... PLEASE GO TO THE LINK TO DOWNLOAD THE AUDIODISCUSSION. UPDATE: (10/27/09) - PROPOSED State Government legislation to toughen penalties on restricted breeds of dogs has received a mixed reaction from dog owners.Following a serious dog attack in Epping Premier John Brumby last week announced the Government would legislate to give councils greater powers over restricted dog breeds. “If there is arestricted dog and it’s running along the street, with no collar and not muzzled, that dog will be taken in by council and it will be put down,” Mr Brumby said. But while Sunbury Canine Clubsecretary Colin Hamilton said the club did not have any restricted breed owners as members and in principle was not opposed to the legislation, he had concerns. “Councils have to knowwhat certain breeds are,” he said. “If they can just put down any dog that they think looks dangerous I don’t agree with that. ‘ The American Pit Bull Terrier Club of Australia has condemnedthe announcement. Through the association’s website ,president Colin Muir said legislation aimed at a particular breed of dog did nothing to tackle the problem of attacking dogs. “It punishesresponsible owners with good dogs,” he said. “Irresponsible owners with offending dogs just simply change breed or ignore laws anyway.” Council infrastructure director Steve Crawley couldnot say where council stood on the proposed legislation. “With the announcement made (last) Monday, council doesn’t yet have specific details related to the proposal, so it is too early to sayhow much of a difference it will make in Hume,” he said.(10/31/09) – Farmers permitted to kill bats - THE State Government began issuing licences for the shooting of flying foxes this week, even though its own advisory panel warns thatshooting the animals breaches animal cruelty laws. The Government's new shooting protocols, finalised this week, say hunters must find and kill baby bats with a blunt instrument if theirmothers are shot to prevent them dying a lingering death. NSW is now the only state to permit bat shooting after Queensland banned it last year. The NSW Farmers Association says fruitgrowers must protect their crops from foraging bats. A coalition of 60 environment groups is seeking a ban.(10/1/09) - Every now and then changing attitudes demand reform of various activities and industries. We’ve seen it in recent years with a growing demand for free range eggs over thoseproduced in batteries. Another example is the ban on tail-docking for certain breeds of dogs. Now, attention has turned to the horseracing industry. The issue until last week at the top of theagenda was the growing outcry against jumps racing, which had seen too many horses and jockeys die. It has been overtaken somewhat by the controversy over new rules that limit thenumber of times a jockey can whip a horse during the course of a race. Jockeys have bucked at the new rule, saying it actually adds a level of danger to what is already a hazardous activity.And some vets involved in the horseracing industry have chimed in to support them, arguing that the whips involved produce nothing but noise. Used to focus a horse’s attention and thusexert control over it, they can help prevent serious falls, the consequences of which are far more serious than any concern about the whips’ use. Add to that the new rule that mandates theuse of padded whips and arguments about the horses’ discomfort carry even less weight, claim the jockeys. Seeing the jockeys are the ones in the best position to know the likelyconsequences of the new rule and the possible negative outcomes, it seems only logical that they are listened to so that a workable safe and humane rule can be designed.Kangaroo Island – (10/27/09) - The Kangaroo Island Council is proposing to limit cat and dog ownership on the island.Residents are already limited to two dogs, but the changes would limitresidents to a total of two animals, in a choice of two dogs, two cats, or one of each.The mayor, Jayne Bates, says feral cats are a big problem on the island and most residents recognise theneed to protect the environment."This plan I think also is the first time any council's suggested such a move, but we have had very little comment, so there doesn't seem to be a lot ofcommunity concern about the changes," she said."Most people on Kangaroo Island understand the need for responsible pet ownership in such a unique environment."Ms Bates saysprevious plans did not go as far to limit pet numbers."The last plan was there was a maximum of two dogs on each property, excepting working dogs," she said."But while your cats had to bedesexed, microchipped and registered, there was no limit on the amount of cats you could have, so we are bringing the cats in line with the dogs. "We've got a huge problem onKangaroo Island with feral cats, certainly they are doing a significant damage to the environment, but this is one way by changing our by-laws to actually make the ownership of cats quiterestricted."Monash – (10/25/09) - DANGEROUS dogs that are found unregistered or not desexed in Monash will be put down, Monash Council says. And if the Mayor had his way, there would be nodangerous dogs in Monash or the rest of Australia. Residents who own restricted breed dogs in Monash must have the dogs registered and desexed, keep them in an enclosure, put up signson their properties to warn people that a dangerous dog is on the premises, and have them muzzled and on a leash at all times when in public. The Perro de Presa Canario (or PresaCanario) and the American pit bull terrier are the two dangerous or restricted breed dogs known to exist in Australia. Residents who register dangerous dogs pay a higher fee of $93 forregistration, and if a restricted breed dog is involved in an attack, the council will impound the dog and evaluate on a case-by-case basis whether to destroy the animal. Mayor Paul Klisariswelcomed the proposed changes to legislation, but said he would prefer there to be no dangerous dogs in Monash at all. “If I was the legislator, there would be a blanket ban (on dangerousdogs),” he said.Melbourne – (10/24/09) - NEW laws allowing councils to kill unregistered dangerous dogs found roaming the streets, without owners having the right to appeal, have been flagged by theState Government. Following an attack by an American pit bull in Reservoir last weekend, Premier John Brumby said new “tougher” legislation would be introduced into Parliament in 2010.State Government spokesman Chris Owner said the changes were about improving community safety and sending a message to the minority of irresponsible dog owners. “In 2005, thegovernment introduced laws defining restricted breeds and the strict conditions that owners must comply with,” Mr Owner said. “In November 2007 we increased penalties to $2300 for minorand $14000 and six months jail for serious dog attacks. “Next year we will introduce new legislation that will toughen penalties even further and give Councils greater powers to controlrestricted breeds.” But the American Pit Bull Terrier Club of Australia president Colin Muir slammed the proposed changes as reactionary and ill informed. “I’ve really got concerns that afew hours after an incident the government announces legislative changes,” Mr Muir said. “That can not be well thought out public policy.” Mr Muir said enforcement and legislation needed tobe targeted at responsible ownership “irrespective of breed”. Educating owners was the key to addressing dog attacks, Mr Muir said. Public condemnation often led to the wrong type ofpeople – irresponsible owners “who shouldn’t own a goldfish” - seeking out pit bulls. The proposed changes would see owners of restricted breeds lose their right to appeal to the courts iftheir dog is unregistered and seized by a local council.Queensland -Brisbane – (10/21/09) - A statewide database established to track the owners of dangerous dogs has recorded the details of nearly 1000 animals since its inception in July.Tough laws introduced in July give councils and police enhanced power, by way of fines of up to $30,000, to ensure that dogs that have "offended" are fenced, muzzled and microchipped