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Guide, Hearing and Assistance Dogs Bill 2008
Guide, Hearing and Assistance Dogs Bill
2008
Explanatory Notes for Amendments to be
moved during Consideration in Detail by the
Honourable Lindy Nelson-Carr MP
Title of the Bill
Guide, Hearing and Assistance Dogs Bill 2008
Objective of the Amendments
The objective of the amendments is to provide for minor amendments to
the Bill.
Consistency with fundamental legislative principles
No aspects of the amendments are considered to conflict with fundamental
legislative principles.
Consultation
Community
Consultation was undertaken with Guide Dogs Queensland about these
amendments.
Government
The Department of the Premier and Cabinet was consulted and supports
these amendments.
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Guide, Hearing and Assistance Dogs Bill 2008
Notes On Provisions
Clause 1 amends clause 12 of the Bill so that the identification procedure
can also be satisfied by a handler producing a "valid application notice".
The valid application notice is a written notice issued to a handler by the
chief executive that is intended to cover the period between receipt of the
application and the issuing of a handler's identity card. A person with a
guide, hearing or assistance dog may rely on the valid application notice
when accessing public places or public passenger vehicles. The valid
application notice expires 28 days after it is issued.
The inclusion of the valid application notice provisions will make it
possible to pursue a prosecution for the offences in clause 13 of the Bill in
the interim period between receipt of an application for a handler's identity
card and the issuing of the card.
Clauses 2 and 3 amend the identification requirements for guide dogs in
clause 12 of the Bill to provide that a guide dog may be identified by a
harness or a coat.
Clause 4 inserts a definition of "valid application notice" for the purposes
of clause 12 of the Bill.
Clause 5 omits subclauses 4 to 7 of clause 41 of the Bill preparatory to the
amendments to be made by clause 6.
Clause 6 inserts clauses 41A and 41B into the Bill. These clauses set out
the procedure to be followed by the chief executive when an application is
made for a handler's identity card. The amendments propose that a written
notice be issued immediately upon receipt of an application for a handler's
identity card. This will enable people to be covered for the period between
receipt of their application and the issuing of a handler's identity card.
The amendment also ensures that a decision by the chief executive to issue
or refuse to issue a handler's identity card is made in a timely manner by
reducing the timeframe for a decision from 28 to 14 days.
Clause 7 amends clause 44 of the Bill to include a further ground for
cancellation of a handler's identity card where a dog should be retired
because of age, illness or other inability to be used as a guide, hearing or
assistance dog.
Clause 8 amends clause 66 of the Bill. This is a consequential amendment
to update the section reference to new clause 41B.
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Guide, Hearing and Assistance Dogs Bill 2008
Clause 9 amends clause 106 of the Bill to ensure that a person with
particular expertise in guide, hearing or assistance dog training is on the
advisory committee.
© State of Queensland 2008
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