South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 83H

83H—Interpretation

        (1)         In this Part—

"accredited assistance dog" means—

            (a)         a dog accredited as an assistance dog under section 21 of the Dog and Cat Management Act 1995 ; or

            (b)         a dog accredited as an assistance dog (however described) under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability;

"correctional services dog" has the same meaning as in the Correctional Services Act 1982 ;

"harm" means physical harm (whether temporary or permanent) but does not include mental harm;

"police dog" means a dog (including a drug detection dog within the meaning of the Controlled Substances Act 1984 ) that—

            (a)         has completed training of a kind approved by the Commissioner of Police; and

            (b)         is used by, or to assist, police officers in the performance of their official duties and functions;

"police horse" means a horse that—

            (a)         has completed training of a kind approved by the Commissioner of Police; and

            (b)         is used by, or to assist, police officers in the performance of their official duties and functions;

"serious harm", in relation to a working animal, means—

            (a)         harm that endangers the animal's life; or

            (b)         harm that results in the animal being so severely injured, so diseased or in such physical condition that it would be cruel not to destroy the animal; or

            (c)         harm that consists of, or results in, serious and protracted impairment of a physical or mental function of the animal; or

            (d)         harm that results in the animal being unable to satisfactorily perform its working function;

"working animal" means—

            (a)         a police dog; or

            (b)         a police horse; or

            (c)         a correctional services dog; or

            (d)         an accredited assistance dog;

"working function", of a working animal, means the function or functions for which the animal has been trained and is ordinarily used (whether or not the working animal also performs other functions).

        (2)         Without limiting section 370, regulations made for the purposes of this Part may—

            (a)         make provision for or relating to facilitation of proof of the commission of offences against the Part;

            (b)         be of general application or vary in their application according to prescribed factors;

            (c)         provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a specified person or body.



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