Document ID: chunk:federal_register_of_legislation:C2011C00175:clause:2_54a
Version: federal_register_of_legislation:C2011C00175
Segment Type: clause
Provision Reference: sch 2 cl 54A
Character Range: 33958–35971

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.