2016
THE LEGISLATIVE ASSEMBLY FOR
THE AUSTRALIAN CAPITAL TERRITORY
TRANSPORT CANBERRA AND CITY SERVICES
LEGISLATION AMENDMENT BILL 2016 (No 1)
EXPLANATORY STATEMENT

Presented by
Meegan Fitzharris MLA
Minister for Transport and City Services

TRANSPORT CANBERRA AND CITY SERVICES LEGISLATION AMENDMENT BILL 2016 (No 1)
INTRODUCTION
This explanatory statement relates to the Transport Canberra and City Services Legislation Amendment Bill 2016 (No 1) (the Bill), as presented to the Legislative Assembly.  It has been prepared in order to assist the reader of the bill and help inform debate on it.  It does not form part of the bill and has not been endorsed by the Assembly.
This statement must be read in conjunction with the bill.  It is not, and is not intended to be, a comprehensive description of the bill.  What is said about a provision is not to be taken as an authoritative guide to the meaning of a provision, this being a task for the courts.
OVERVIEW
The Bill makes minor and technical amendments to a number of laws administered by the Transport Canberra and City Services Directorate.
The laws amended by the Bill are:
Domestic Animals Act 2000
The Bill clarifies the Registrar’s ability to issue a dangerous dog licence in a situation where the dog was declared dangerous after it was seized.

Domestic Animals Regulation 2001
The Bill corrects minor drafting errors and amends the Regulation to make it clear that a person who, or whose animal, has been attacked or harassed by a dog is able to seek review of the Registrar’s decision to issue a dangerous dog licence.

Public Unleased Land Act 2013
The Bill corrects an administrative oversight and amends the legislation to enable authorised persons to take a movable sign on public unleased land that does not comply with the moveable signs code of practice, to a retention area.

OUTLINE OF PROVISIONS
Part 1	Preliminary
Clause 1	Name of Act
This clause provides that the name of the Act is the Transport Canberra and City Services Legislation Amendment Act 2016.
Clause 2	Commencement
This clause provides for the commencement of the Act.  The Act will commence on the day after its notification day.
Clause 3	Legislation amended
This clause provides that the Act amends the:
•	Domestic Animals Act 2000
•	Domestic Animals Regulation 2001
•	Public Unleased Land Act 2013.

Part 2	Domestic Animals Act 2000
Clause 4	Dangerous dog licences‑approval or refusal
Section 25 (4)
This clause substitutes section 24 (4) with a new section 24 (4).
The inclusion of the new section 24 (4) clarifies the Registrar’s ability to issue a dangerous dog licence in a situation where the dog was declared dangerous after it was seized.
This clause applies the circumstances set out in subsection 62 (3), subsection 63 (3) and subsection 64 (3), without specifically excluding dogs declared to be dangerous dogs after they are seized.

Part 3	Domestic Animals Regulation 2001
Clause 5	Schedule 1, new item 4A

This clause inserts a new item 4A into Schedule 1. This makes it clear that a person who has been attacked or harassed by a dog, or a person whose animal has been attacked or harassed by a dog is able to seek review of the Registrar’s decision to issue a dangerous dog licence.

Clause 6	Schedule 1, item 6, column 2

This clause substitutes an incorrect reference to section 25 (2) with the correct reference to section 26 (1).

Part 4	Public Unleased Land Act 2013
Clause 7	New section 28A

This clause inserts a new section 28A, to enable an authorised person or police officer to take a movable sign on public unleased land that does not comply with the moveable signs code of practice, to a retention area.

This amendment may be seen as limiting the right to freedom of expression and limiting the right to participate in the electoral process. However it is considered that the aim of the removing electoral signs that do not comply with the code of practice is important to ensure that the amenity and natural value of public places are preserved.