Commonwealth Numbered Regulations

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SYDNEY HARBOUR FEDERATION TRUST REGULATIONS 2001 2001 No. 296 - REG 14

Animals on Trust land
(1)
A person must not cause or allow an animal owned by, or in the charge of, the person, to enter or remain on Trust land.

Penalty:
10 penalty units.

(2)
Subregulation (1) does not apply to the use of a dog or animal that:

(a)
is a guide dog used by a blind person, a hearing dog used by a deaf person or an assistance animal used by a person with a disability; and

(b)
is at all times restrained on a lead or by other reasonable means.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3 (3) of the Criminal Code ).

(3)
A person who, in accordance with a permit or other authority under these Regulations, brings an animal onto Trust land or has charge of an animal on Trust land, must not:

(a)
allow the animal to be at large; or

(b)
fail to remove the animal from the Trust land:

(i)
if the person lives on the Trust land — when the person ceases to live there; or
(ii)
in any other case — when the person leaves the Trust land.

Penalty:
10 penalty units.

(4)
Strict liability applies to the physical element of an offence against subregulation (1) or (3) that is constituted by the circumstance that the conduct occurred on, or in relation to, Trust land.

Note 1
For strict liability , see section 6.1 of the Criminal Code .
Note 2
For general circumstances in which an activity will not constitute an offence, see regulation 23.

(5)
In this regulation:

"assistance animal" means an animal trained to help a person to lessen the effects of a disability.



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