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DISABILITY DISCRIMINATION ACT 1992 - SECT 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.



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