AustLII Tasmanian Consolidated Acts

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GUIDE DOGS AND HEARING DOGS ACT 1967 - SECT 3

Rights of guide dog users and trainers in respect of public places and transport

(1)  A person who is blind or vision impaired, deaf or hearing impaired or a trainer –
(a) is entitled to be accompanied by a guide dog into any public place or onto any public passenger vehicle; and
(b) does not commit an offence by taking a guide dog into or onto, or permitting a guide dog to remain in or on, a public place or public passenger vehicle.
(2)  A person who is in charge of a public place or public passenger vehicle, or the servant or agent of a person in charge of a public place or public passenger vehicle, must not –
(a) refuse to allow a person accompanied by a guide dog into that place or onto that vehicle; or
(b) direct a person accompanied by a guide dog to leave that place or vehicle; or
(c) deny accommodation or service to a person accompanied by a guide dog.
Penalty:  Fine not exceeding 20 penalty units.
(3)  For the purposes of subsection (2) , a person may be taken to have refused or denied another person entry, access, accommodation or service by means of an omission as well as by an act.
(4)  It is a defence in any proceedings under subsection (2) for the defendant to show –
(a) that he or she had reasonable cause, unrelated to the presence of the guide dog, for the act or omission constituting the alleged offence; or
(b) that –
(i) the person who was refused admission, directed to leave or denied accommodation or service was unable, on request made by or on behalf of the defendant before the time of refusal, direction or denial, to produce an identity card for inspection; and
(ii) it was reasonable in the circumstances for that request to be made.
(5)  An identity card is a card that –
(a) an approved guide dogs or hearing dogs institution issues to –
(i) a person who is a trainer for or on behalf of the institution; or
(ii) a person who has been assigned a guide dog trained, or being trained, by the institution; and
(b) is in a form determined by the institution; and
(c) bears the name of the institution, and the name and address of the cardholder.
(6)  A person must, as soon as practicable after ceasing to be a trainer or a person to whom a guide dog is assigned, return his or her identity card to the institution that issued it.
Penalty:  Fine not exceeding 0.5 penalty units.
(7)  In the event of any inconsistency arising between this section and another law of the State, other than the Anti-Discrimination Act 1998 , this section prevails over the other law.



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