QUESTION 11 Peter and his pet poodle, named Puff, head off one…
Question Answered step-by-step QUESTION 11 Peter and his pet poodle, named Puff, head off one… QUESTION 11Peter and his pet poodle, named Puff, head off one sunny morning to a local café called ‘Love Me, Love My Dog’. The café is located in an area declared by the NSW Council of Caninecity to be an off-leash area. Peter arrives at the café and finds a table outside in the sun. He sits down and opens his rucksack taking out a small bag of dog food, a bottle of water and a small dog bowl. Peter fills the dog bowl with water and places it on the ground. Realising that he has forgotten to bring Puff’s food bowl, he looks around and then walks over to an empty table which has not yet been cleared of the crockery and cutlery used by the last customers. He picks up a plastic take-away container, to which a ‘Love Me, Love My Dog’ sticker is attached, takes it back to his table and puts some food in it for Puff. Before Peter can place the container on the ground to feed Puff, a local Canine city Council Ranger, Mr Meany, approaches Peter and tells him that under ss 14(1) and 14A(2)(b) of the Companion Animals Act 1998 (NSW) he is prohibited from feeding his dog using the ‘Love Me, Love my Dog’ take-away container.Meanwhile, in downtown Caninecity, Wendy and her darling dachshund, named Dash, emerge from the Caninecity Veterinary Surgery where Dash has just been given his annual dog vaccinations. Wendy is carrying Dash in his escape-proof dog carrier as Dash is a little upset about the medical procedure he has just undergone. Wendy starts walking towards her car, and as she approaches a café called ‘Pets and People’, she decides to stop and have a reviving cup of tea. The café has tables set up on the footpath and it is a dog-friendly area. Wendy sits down at an empty table and places Dash, still in his carrier, on the ground next to her chair. She orders some tea and is just about to take her first sip when a different Canine city Council Ranger, Ms Evenmeaner, tells Wendy that under ss 14(1) and 14A(1)(a) of the Companion Animals Act 1998 (NSW) her dog is prohibited from being in an outside eating area unless the dog is restrained by means of an adequate chain, cord, leash or other restraint. Wendy protests that the dog carrier is clearly effectively restraining her dog but Ms Evenmeaner tells her, ‘The law is the law’. She orders Wendy to remove her dog from the outside café and issues her with a notice of contravention under s 14(1) of the Companion Animals Act 1998 (NSW).Answer both of the following:Does s 14A(2)(b) of the Companion Animals Act 1998 (NSW) allow Peter to use the take-away container to feed Puff in the outdoor dining area of ‘Love Me, Love my Dog’?Is Wendy contravening the provisions of ss 14 and 14A(1)(a) of the Companion Animals Act 1998 (NSW)? Is it likely that Wendy will have to pay the fine under s 14(1)?The following excerpts are provided below to assist you in answering these questions:Extracts from the Companion Animals Act 1998 (NSW). [Please note that these extracts from the Act have been modified for assessment purposes];Sections 33 and 34 of the Interpretation Act 1987 (NSW);Extract from the Second Reading Speech – Mrs BARBARA PERRY (AuburnMinister for Local Government, Minister Assisting the Minister for Planning, and Minister Assisting the Minister for Health (Mental Health)). [Please note that the extract of this speech has been modified for assessment purposes]. Extract ‘A’Companion Animals Act 1998 (NSW) 3A Principal object of ActThe principal object of this Act is to provide for the effective and responsible care and management of companion animals. 14 Dogs prohibited in food consumption areasDogs are prohibited in food consumption areas including cafes and restaurants and other public places for the consumption of food by humans.If a dog is in a food consumption area the owner of the dog is guilty of an offence. Maximum penalty: 10 penalty units14A Dogs not prohibited in outdoor dining areas in certain circumstancesThe relevant legal restrictions in s 14(1) do not prohibit a dog from being in an outdoor dining area if:the dog is under the effective control of some competent person and is restrained by means of an adequate chain, cord, leash or other restraint, andthe person does not feed the dog or permit the dog to be fed, andthe dog is kept on the ground. However, if the outdoor dining area is within a public place declared by a local authority to be an off-leash area:it is not necessary for the dog to be restrained by means of a chain, cord, leash, or other restraining device, andthe dog can be fed while the dog is on the ground, but not using any apparatus provided for the consumption of food by humans, andthe dog can sit on a person’s lap, but must not be allowed to sit on any table or chairs or make contact with other apparatus provided for the consumption of food by humans.Extract ‘B’Interpretation Act 1987 (NSW)33 Regard to be had to purposes or objects of Acts and statutory rulesIn the interpretation of a provision of an Act or statutory rule, a construction that would promote the purpose or object underlying the Act or statutory rule (whether or not that purpose or object is expressly stated in the Act or statutory rule…) shall be preferred to a construction that would not promote that purpose or object.34 Use of extrinsic material in the interpretation of Acts and statutory ruleIn the interpretation of a provision of an Act or statutory rule, if any material not forming part of the Act or statutory rule is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material:to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision (taking into account its context in the Act or statutory rule and the purpose or object underlying the Act or statutory rule and, in the case of a statutory rule, the purpose or object underlying the Act under which the rule was made), orto determine the meaning of the provision:if the provision is ambiguous or obscure, orif the ordinary meaning conveyed by the text of the provision (taking into account its context in the Act or statutory rule and the purpose or object underlying the Act or statutory rule and, in the case of a statutory rule, the purpose or object underlying the Act under which the rule was made) leads to a result that is manifestly absurd or is unreasonable. Without limiting the effect of subsection (1), the material that may be considered in the interpretation of a provision of an Act, or a statutory rule made under the Act, includes:(f) the speech made to a House of Parliament by a Minister or other member of Parliament on the occasion of the moving by that Minister or member of a motion that the Bill for the Act be read a second time in that House, …Extract ‘C’Second Reading Speech – Mrs Barbara PerryThe Companion Animals Act was developed to strike a balance between the benefits of owning a companion animal and the protection of the community from animals that may represent a nuisance or risk to public health and safety. This bill has been drafted to maintain this balance.While dog owners may wish to have greater liberties for their dogs, the Government understands that this needs to be tempered with the need of the community to be able to walk the streets in safety and not have their public health put at risk. The last thing that the Government wants is to allow a situation to arise that heightens the risk of dog attacks, especially on young children.The bill aims to allow people to have their dog with them in an outdoor dining area, while minimising the impact that dogs can have on others. Advice from the NSW Food Authority is that there is no more risk of transmission of disease from dogs than from birds that often fly around an outdoor dining area. As long as dogs are kept on the ground, and interaction between dogs and other people who are eating food is minimised, the food safety risks are low. Social Science Law LAW 100 Share QuestionEmailCopy link Comments (0)
