3Rights of guide dog users and trainers in respect of public places and transport

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

[Section 3 Subsection (1) amended by No. 59 of 1988, s. 7 ][Section 3 Subsection (2) amended by No. 59 of 1988, s. 7 ][Section 3 Subsection (3) substituted by No. 112 of 1987, s. 89 ]**[Section 3 Subsection (3) amended by No. 59 of 1988, s. 7 ][Section 3 Substituted by No. 9 of 2001, s. 6, Applied:12 Apr 2001]

(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