Australian Capital Territory Current Regulations

ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) REGULATION 2002 - REG 70AAD

    (1)     The Minister may determine—

        (a)     circumstances in which a light rail service operator must or must not allow an animal to be in a light rail vehicle; and

        (b)     ways in which an animal must or must not be carried in a light rail vehicle.

    (2)     A determination is a notifiable instrument.

Note     A notifiable instrument must be notified under the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

.

    (3)     A person commits an offence if—

        (a)     the person travels with an animal in a light rail vehicle; and

        (b)     the animal is not—

              (i)     confined in a box, basket or other container; or

              (ii)     carried in a way allowed under the determination.

Maximum penalty: 5 penalty units.

    (4)     An offence against this section is a strict liability offence.

    (5)     This section does not apply if the animal is—

        (a)     a guide-dog or other animal assisting a person with disability; or

        (b)     being trained to assist a person with disability; or

        (c)     an accredited assistance animal.

Note 1     The defendant has an evidential burden in relation to the matters mentioned in s (5) (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code

, s 58).

Note 2     The

, s 106E, contains offences about not allowing assistance animals in public passenger vehicles.

Note 3     If a person is treated unfavourably because the person is accompanied by an animal trained to help the person alleviate the effect of a disability, the person is discriminated against (see title="A1991-81">Discrimination Act 1991

, s 5AA and s 8).