Animal Welfare Act 1992

A person commits an offence if—

the person carries a dog in or on a moving vehicle on a road or road related area; and

the dog is not restrained in a way that—

prevents the dog from moving around, out of or off the vehicle; and

protects the dog from injury when in or on the vehicle.

It is an offence to confine a dog in or on a vehicle if the confinement causes, or is likely to cause the dog injury, pain, stress or death (see s 9 (4)).

The Road Transport (Public Passenger Services) Regulation 2002 contains offences about confining animals (other than assistance animals) travelling in light rail vehicles (see that regulation, s 70AAD) and bookable vehicles (see that regulation, s 221W and s 227).

This section does not apply—

if the dog—

is an assistance animal, or is being trained or assessed as, an assistance animal; and

is in the vehicle; or

if the dog is being used to work livestock; or

to a circumstance prescribed by regulation.

The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

An offence against this section is a strict liability offence.

In this section:

using a harness or similar device to secure the dog to the vehicle; or

putting the dog in an enclosure in or on the vehicle.