22Animals

22 Animals

(1) A person commits an offence if: (a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Gallery building.

Penalty: 5 penalty units.

(2) Subsection (1) does not apply if: (a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or (b) the person is a member of a police force acting in accordance with the person’s duties; or (c) the animal is under the control of the Gallery.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

(3) A person commits an offence if: (a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and (b) the building is a Gallery building; and (c) the assistance animal is not kept under the control (whether or not under direct physical control) of: (i) the person; or (ii) another person on behalf of the person.

Penalty: 5 penalty units.