Page 4004 - Week 11 - Thursday, 26 September 2019

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(b) the dog is not restrained in a way that—

(i) prevents the dog from moving around, out of or off the vehicle; and

(ii) protects the dog from injury when in or on the vehicle.

Maximum penalty: 20 penalty units.

Note 1 It is an offence to confine a dog in or on a vehicle if the confinement causes, or is likely to cause the dog injury, pain, stress or death (see s 9 (4)).

Note 2 The Road Transport (Public Passenger Services) Regulation 2002 contains offences about confining animals (other than assistance animals) travelling in light rail vehicles (see that regulation, s 70AAD) and bookable vehicles (see that regulation, s 221W and s 227).

(1A) This section does not apply—

(a) if the dog—

(i) is an assistance animal, or is being trained or assessed as, an assistance animal; and

(ii) is in the vehicle; or

(b) if the dog is being used to work livestock; or

Note The defendant has an evidential burden in relation to the matters mentioned in s (1A) (see Criminal Code, s 58).

18B Section 15A (3), new definitions

insert

assistance animal—see the Discrimination Act 1991, section 5AA (3).

public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary.

restrain, a dog in relation to a vehicle, means—

(a) using a harness or similar device to secure the dog to the vehicle; or

(b) putting the dog in an enclosure in or on the vehicle.

vehicle does not include a public passenger vehicle.

Clause 79

Proposed new section 86E (2)

Page 53, line 17—

after

the person

insert

individually or jointly with another person

Clause 122

Proposed new section 106C

Page 80, line 12—

omit proposed new section 106C, substitute

106C Rights of people accompanied by assistance animals

A person does not commit an offence only because the person—

(a) is accompanied by an assistance animal; and

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