Companion animals prohibited
3.4 Companion animals prohibited
A person must not bring a companion animal into the Little Penguin declared area.
Maximum penalty—$5,500
If a companion animal is found in the Little Penguin declared area—
the owner of the companion animal, or
if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the companion animal at that time—that other person,
is guilty of an offence.
Maximum penalty—$5,500.
In any prosecution for an offence against this clause it is a defence if the defendant establishes that the relevant companion animal is an assistance animal that was being used by a person with a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth).
In any prosecution of the owner of a companion animal for an offence against this clause it is a defence if the defendant establishes that—
another owner of the animal has been convicted of an offence arising out of the same circumstances, or
the commission by another owner of the animal of an offence arising out of the same circumstances has been proved but a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence, or
the offence could not have been avoided by any reasonable efforts on the defendant’s part.
In this clause—
assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth.
companion animal and owner of a companion animal have the same meanings as in the Companion Animals Act 1998.
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