sec.12AObligations of persons exercising control of places of accommodation

### sec.12A Obligations of persons exercising control of places of accommodation A person exercising control of a place of accommodation must not— refuse to rent accommodation at the place to an accompanied handler because the accompanied handler, while in the place, would be accompanied by a certified guide, hearing, assistance or trainee support dog; or in renting accommodation at the place to an accompanied handler, impose a term that would result in— the accompanied handler paying an extra charge because the dog is present at the place; or a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support. Maximum penalty—100 penalty units. An accompanied handler must comply with the identification procedure when the accompanied handler— in person at a place of accommodation or another place, makes a reservation or application for accommodation at the place of accommodation; or arrives at a place of accommodation to begin residing in the accommodation at the place. It is a defence to a charge of an offence against subsection (1) for the person exercising control of a place of accommodation to prove that the accompanied handler did not comply with subsection (2) . Subsection (1) (b) (iii) does not apply to a term that would result in the person with a disability being refused entry to a part of a place of accommodation where food is ordinarily prepared for consumption by residents of the place or members of the public. A person with a disability may also have a right of action under the Anti-Discrimination Act 1991 or the Disability Discrimination Act 1992 (Cwlth) . s 12A ins 2013 No. 58 s 42 amd 2015 No. 21 s 9 (sec.12A-ssec.1) A person exercising control of a place of accommodation must not— refuse to rent accommodation at the place to an accompanied handler because the accompanied handler, while in the place, would be accompanied by a certified guide, hearing, assistance or trainee support dog; or in renting accommodation at the place to an accompanied handler, impose a term that would result in— the accompanied handler paying an extra charge because the dog is present at the place; or a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support. Maximum penalty—100 penalty units. (sec.12A-ssec.2) An accompanied handler must comply with the identification procedure when the accompanied handler— in person at a place of accommodation or another place, makes a reservation or application for accommodation at the place of accommodation; or arrives at a place of accommodation to begin residing in the accommodation at the place. (sec.12A-ssec.3) It is a defence to a charge of an offence against subsection (1) for the person exercising control of a place of accommodation to prove that the accompanied handler did not comply with subsection (2) . (sec.12A-ssec.4) Subsection (1) (b) (iii) does not apply to a term that would result in the person with a disability being refused entry to a part of a place of accommodation where food is ordinarily prepared for consumption by residents of the place or members of the public. A person with a disability may also have a right of action under the Anti-Discrimination Act 1991 or the Disability Discrimination Act 1992 (Cwlth) . - (a) refuse to rent accommodation at the place to an accompanied handler because the accompanied handler, while in the place, would be accompanied by a certified guide, hearing, assistance or trainee support dog; or - (b) in renting accommodation at the place to an accompanied handler, impose a term that would result in— (i) the accompanied handler paying an extra charge because the dog is present at the place; or (ii) a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or (iii) a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support. - (i) the accompanied handler paying an extra charge because the dog is present at the place; or - (ii) a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or - (iii) a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support. - (i) the accompanied handler paying an extra charge because the dog is present at the place; or - (ii) a person with a disability being separated, while in the place, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support; or - (iii) a person with a disability being refused entry to a part of the place because the person would be accompanied by the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support. - (a) in person at a place of accommodation or another place, makes a reservation or application for accommodation at the place of accommodation; or - (b) arrives at a place of accommodation to begin residing in the accommodation at the place.