54AAssistance animals

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.