Australian Capital Territory Current Acts

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Transport of dogs

    (1)     A person commits an offence if—

        (a)     the person carries a dog in or on a moving vehicle on a road or road related area; and

        (b)     the dog is not restrained in a way that—

              (i)     prevents the dog from moving around, out of or off the vehicle; and

              (ii)     protects the dog from injury when in or on the vehicle.

Maximum penalty: 20 penalty units.

Note 1     It is an offence to confine a dog in or on a vehicle if the confinement causes, or is likely to cause the dog injury, pain, stress or death (see s 9 (4)).

Note 2     The Road Transport (Public Passenger Services) Regulation 2002

contains offences about confining animals (other than assistance animals) travelling in light rail vehicles (see that regulation

, s 70AAD) and bookable vehicles (see that regulation

, s 221W and s 227).

    (2)     This section does not apply—

        (a)     if the dog—

              (i)     is an assistance animal, or is being trained or assessed as, an assistance animal; and

              (ii)     is in the vehicle; or

        (b)     if the dog is being used to work livestock; or

        (c)     to a circumstance prescribed by regulation.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

    (3)     An offence against this section is a strict liability offence.

    (4)     In this section:

"assistance animal"—see the Discrimination Act 1991

, section 5AA (3).

"public passenger vehicle"—see the Road Transport (Public Passenger Services) Act 2001

, dictionary.

"restrain", a dog in relation to a vehicle, means—

        (a)     using a harness or similar device to secure the dog to the vehicle; or

        (b)     putting the dog in an enclosure in or on the vehicle.

"road"—see the Road Transport (Safety and Traffic Management) Act 1999

, dictionary.

"road-related area"—see the Road Transport (Safety and Traffic Management) Act 1999

, dictionary.

"vehicle" does not include a public passenger vehicle.

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