Document ID: chunk:federal_register_of_legislation:C2024C00573:section:54a
Version: federal_register_of_legislation:C2024C00573
Segment Type: section
Provision Reference: s 54A
Character Range: 71779–73784

54A  Assistance animals
 (1) This section applies in relation to a person with a disability who has an assistance animal.
Note: For when a person with a disability has an assistance animal, see subsections 9(2) and (4).
 (2) This Part does not render it unlawful for a person to request or to require that the assistance animal remain under the control of:
 (a) the person with the disability; or
 (b) another person on behalf of the person with the disability.
 (3) For the purposes of subsection (2), an assistance animal may be under the control of a person even if it is not under the person's direct physical control.
 (4) This Part does not render it unlawful for a person (the discriminator) to discriminate against the person with the disability on the ground of the disability, if:
 (a) the discriminator reasonably suspects that the assistance animal has an infectious disease; and
 (b) the discrimination is reasonably necessary to protect public health or the health of other animals.
 (5) This Part does not render it unlawful for a person to request the person with the disability to produce evidence that:
 (a) the animal is an assistance animal; or
 (b) the animal is trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.
 (6) This Part does not render it unlawful for a person (the discriminator) to discriminate against the person with the disability on the ground that the person with the disability has the assistance animal, if:
 (a) the discriminator requests or requires the person with the disability to produce evidence referred to in subsection (5); and
 (b) the person with the disability neither:
 (i) produces evidence that the animal is an assistance animal; nor
 (ii) produces evidence that the animal is trained to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.
 (7) This Part does not affect the liability of a person for damage to property caused by an assistance animal.