Prohibited places
42 Prohibited places
A person commits an offence if the person—
takes a dog into the grounds of an education and care service or childcare centre, preschool or primary school; and
does not have the permission of the principal or person in charge of the centre or school to take the dog into the grounds; and
does not live on the grounds of the centre or school.
Maximum penalty: 15 penalty units.
A person commits an offence if the person—
takes a dog into the grounds of a high school or secondary college during school hours or when school sport, including sport training, is being conducted; and
does not have the permission of the principal or person in charge of the school or college to take the dog into the grounds; and
does not live on the grounds of the school or college.
Maximum penalty: 10 penalty units.
A person commits an offence if the person takes a dog onto a field or playing area where authorised sport or training is being played or conducted on the field or area.
Maximum penalty: 10 penalty units.
A person commits an offence if the person—
takes a dog into a public place; and
the public place is within 10m of—
anything designed for play by children in the public place and that children are playing on; or
a fixed fireplace or heating appliance in the public place designed for cooking food and that people are using; or
a swimming area as defined by a sign erected or displayed under the Lakes Act 1976, section 14 (a) (iv).
Maximum penalty: 10 penalty units.
An offence against this section is a strict liability offence.
In this section:
authorised sport or training, in relation to a field or playing area, means a sport or recreational activity, or training for the sport or activity, that has been authorised to be played or conducted on the field or area by the entity responsible for management of the field or area.
childcare centre includes a childcare centre within the meaning of the Children and Young People Act 2008, section 733.
dog does not include an assistance animal that is with a person with a disability.
education and care service—
means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but
does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5.
The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
public place means any unleased territory land that the public is entitled to use or that is open to, or used by, the public, and includes any street, road, lane, thoroughfare, footpath, or place that is territory land open to, or used by, the public.
This Act’s bill:Explanatory statementSecond reading speech
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