DOG ACT 1976 - SECT 8
DOG ACT 1976 - SECT 8
8 . Assistance dogs
(1) In this section
—
assistance dog means a dog —
(a) that
is trained or is being trained by a representative of an organisation that is
prescribed for the purposes of this definition; or
(b) that
is trained or is being trained by an individual having the qualifications and
experience prescribed for the purposes of this definition; or
(c) that
is assessed by a person mentioned in paragraph (a) or (b) as being competent
to be an assistance dog; or
(d) that
is being assessed by a person mentioned in paragraph (a) or (b) to decide
whether the dog is competent to be an assistance dog; or
(e) that
has been approved, for the purposes of a law of another State or a Territory,
as a dog whose use can alleviate or manage an effect of a person’s
disability or medical condition; or
(f) that
is approved by the CEO for the purposes of this definition.
(2) A person mentioned
in subsection (3) —
(a) is
entitled to be accompanied by an assistance dog, in any building or place open
to or used by the public, for any purpose, or in any public transport; and
(b) is
not guilty of an offence by reason only that he or she takes that dog into or
permits that dog to enter any building or place open to or used by the public
or on any public transport.
(3) The persons to
whom subsection (2) applies are as follows —
(a) a
person who has a disability or medical condition an effect of which can be
alleviated or managed by the use of an assistance dog;
(b) a
person who is training or assessing an assistance dog and who is a
representative of an organisation mentioned in the definition of assistance
dog paragraph (a);
(c) a
person who is training or assessing an assistance dog and who is an individual
mentioned in the definition of assistance dog paragraph (b);
(d) an
individual person who is approved by the CEO as a person to whom subsection
(2) applies.
(4) The CEO may, on
application, approve —
(a) an
individual person to be a person to whom subsection (2) applies; or
(b) a
particular dog to be an assistance dog for the purposes of the definition in
subsection (1).
(5) An application
under subsection (4) must be made in a manner and form approved by the CEO and
accompanied by —
(a) the
prescribed fee, if any, for the application; and
(b) each
other thing that the CEO requires to accompany the application that will
enable the CEO to make a decision.
(6) The regulations
may provide for the review by the State Administrative Tribunal of a decision
of the CEO on an application under subsection (4).
(7) This section
applies despite any other provision of this Act or other written law.
[Section 8 inserted: No. 18 of 2013 s. 7.]