130ARestrictions on by-laws—assistance animals

130A Restrictions on by-laws—assistance animals

130A Restrictions on by-laws—assistance animals

(1) A by-law of an association scheme has no force or effect to the extent it would—

(a) prohibit or restrict the keeping on a lot of an assistance animal used by an owner or occupier of the lot, or

(b) restrict, or impose an unreasonable burden on a person in relation to, the use of an assistance animal on a lot or association property.

(2) A by-law may require a person who keeps an assistance animal on a lot to provide evidence to the association to show the animal is an assistance animal.

(2A) A person who keeps an assistance animal on a lot satisfies the evidentiary requirement of a by-law under subsection (2) if they provide any 1 of the following to the association—

(a) evidence the animal holds an accreditation referred to in the Disability Discrimination Act 1992 of the Commonwealth, section 9(2)(a) or (b), or

(b) a statutory declaration verifying the animal has received the training referred to in the Disability Discrimination Act 1992 of the Commonwealth, section 9(2)(c), or

(c) any 1 form of evidence prescribed by the regulations.

(3) In this section—

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth, section 9(2).

s 130A: Ins 2023 No 45, Sch 4[25]. Am 2025 No 14, Sch 2[41].