QLDIn ForceAct
Guide, Hearing and Assistance Dogs Act 2009
sec.13Obligations of persons exercising control of public places and public passenger vehicles
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### sec.13 Obligations of persons exercising control of public places and public passenger vehicles
A person exercising control of a public place or public passenger vehicle must not—
refuse entry to, or permission to be in, the place or vehicle to an accompanied handler who is complying with the identification procedure; or
refuse service in the place or vehicle to an accompanied handler who is complying with the identification procedure; or
impose a term that would result in a person with a disability being separated, while in the place or vehicle, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support.
Maximum penalty—100 penalty units.
It is a defence to a charge of an offence against subsection (1) for the person to prove that he or she contravened this section for a reason that was reasonable in the circumstances and did not relate to—
for an offence against subsection (1) (a) or (b) —the accompanied handler being accompanied by a guide, hearing, assistance or trainee support dog; or
for an offence against subsection (1) (c) —the person with a disability being accompanied by a guide, hearing or assistance dog.
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 13 amd 2013 No. 58 s 43 ; 2015 No. 21 s 10
(sec.13-ssec.1) A person exercising control of a public place or public passenger vehicle must not— refuse entry to, or permission to be in, the place or vehicle to an accompanied handler who is complying with the identification procedure; or refuse service in the place or vehicle to an accompanied handler who is complying with the identification procedure; or impose a term that would result in a person with a disability being separated, while in the place or vehicle, from 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.13-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that he or she contravened this section for a reason that was reasonable in the circumstances and did not relate to— for an offence against subsection (1) (a) or (b) —the accompanied handler being accompanied by a guide, hearing, assistance or trainee support dog; or for an offence against subsection (1) (c) —the person with a disability being accompanied by a guide, hearing or assistance dog. 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 entry to, or permission to be in, the place or vehicle to an accompanied handler who is complying with the identification procedure; or
- (b) refuse service in the place or vehicle to an accompanied handler who is complying with the identification procedure; or
- (c) impose a term that would result in a person with a disability being separated, while in the place or vehicle, from the guide, hearing or assistance dog that the person relies on to reduce the person’s need for support.
- (a) for an offence against subsection (1) (a) or (b) —the accompanied handler being accompanied by a guide, hearing, assistance or trainee support dog; or
- (b) for an offence against subsection (1) (c) —the person with a disability being accompanied by a guide, hearing or assistance dog.