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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Companion Animals Amendment
(Outdoor Dining Areas) Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Companion Animals Act 1998 to allow dogs
in outdoor dining areas in certain circumstances.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.
Schedule 1 Amendment of Companion Animals Act
1998 No 87
Schedule 1 provides that section 14 (1) (b) of the Companion Animals Act 1998, the
Food Act 2003 and the Food Standards Code under that Act do not prohibit a dog
(other than a dangerous or restricted dog) from being in an outdoor dining area if:
(a) the dog is under the effective control of a person and is restrained by means of
an adequate chain, cord or leash that is attached to the dog, and
b2010-046-36.d11
Companion Animals Amendment (Outdoor Dining Areas) Bill 2010
Explanatory note
(b) the person does not feed the dog or permit the dog to be fed, and
(c) the dog is kept on the ground.
The proposed provision does not confer any entitlement on a person accompanied by
a dog to use any table and chairs or other apparatus provided in an outdoor dining
area by a food business without the permission of the operator of the food business.
An outdoor dining area is defined as an area that is used for the consumption of food
by humans that is not enclosed and that can be entered by the public without passing
through an enclosed area in which dogs are prohibited by the Companion Animals
Act 1998, the Food Act 2003 or the Food Standards Code under that Act, but does not
include any part of an area that is used for the preparation of food.
Explanatory note page 2
First print
New South Wales
Companion Animals Amendment
(Outdoor Dining Areas) Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Companion Animals Act 1998 No 87 3
b2010-046-36.d11
New South Wales
Companion Animals Amendment
(Outdoor Dining Areas) Bill 2010
No , 2010
A Bill for
An Act to amend the Companion Animals Act 1998 to allow dogs in outdoor dining
areas in certain circumstances.
Clause 1 Companion Animals Amendment (Outdoor Dining Areas) Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Companion Animals Amendment (Outdoor Dining 3
Areas) Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Companion Animals Amendment (Outdoor Dining Areas) Bill 2010
Amendment of Companion Animals Act 1998 No 87 Schedule 1
Schedule 1 Amendment of Companion Animals Act 1
1998 No 87 2
Section 14A 3
Insert after section 14: 4
14A Dogs not prohibited in outdoor dining areas in certain 5
circumstances 6
(1) The relevant legal restrictions do not prohibit a dog (other than a 7
dangerous or restricted dog) from being in an outdoor dining area 8
if: 9
(a) the dog is under the effective control of some competent 10
person and is restrained by means of an adequate chain, 11
cord or leash that is attached to the dog, and 12
(b) the person does not feed the dog or permit the dog to be 13
fed, and 14
(c) the dog is kept on the ground. 15
(2) This section does not confer any entitlement on a person 16
accompanied by a dog to use any table and chairs or other 17
apparatus provided in an outdoor dining area by a food business 18
(within the meaning of the Food Act 2003) without the 19
permission of the operator of the food business. 20
(3) The relevant legal restrictions are: 21
(a) section 14 (1) (b), and 22
(b) the Food Act 2003 and the Food Standards Code (within 23
the meaning of that Act). 24
(4) An outdoor dining area is an area that: 25
(a) is used for the consumption of food by humans, and 26
(b) is not enclosed, and 27
(c) can be entered by the public without passing through an 28
enclosed area in which dogs are prohibited by this Act or 29
the other relevant legal restrictions, 30
but does not include any part of an area that is used for the 31
preparation of food. 32
Page 3
Companion Animals Amendment (Outdoor Dining Areas) Bill 2010
Schedule 1 Amendment of Companion Animals Act 1998 No 87
(5) An area is enclosed if, except for doorways and passageways, the 1
area is substantially or completely enclosed, whether 2
permanently or temporarily, by: 3
(a) a ceiling or roof, and 4
(b) walls or windows (or both). 5
Page 4
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