Guide Dogs Act 1972 (Qld)

Queensland GUIDE DOGS ACT 1972 Reprinted as in force on 30 January 1996 (includes amendments up to Act No. 58 of 1995) Reprint No. 2 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 30 January 1996. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the ReprintsAct1992 mentioned in the following list have also been made to— • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (s 37). This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. . Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland GUIDE DOGS ACT 1972 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Blind or deaf persons may be accompanied by guide dogs . . . . . . . . . . . . . 4 6 Offences by persons in charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ENDNOTES 1 Index to Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 3 s4 Guide Dogs Act 1972 GUIDE DOGS ACT 1972 [as amended by all amendments that commenced on or before 30 January 1996] An Act to make provision to allow dogs guiding blind persons or aiding deaf persons to be admitted to certain places and vehicles and for related purposes ˙ Short title 1. This Act may be cited as the Guide Dogs Act 1972 ˙ Interpretation 3. In this Act— “approved institution” means an institution that— (a) trains dogs as guides for blind persons or aids for deaf persons; and (b) is declared under a regulation to be an approved institution for this Act. “blind person” includes a person who is partially blind. “deaf person” includes a person who is partially deaf. “guide dog” means a dog trained at an approved institution and used as a guide by a blind person or as an aid by a deaf person. “vehicle” means any construction used for the carriage of passengers by land, sea or air. ˙ Crown bound 4. This Act binds the Crown.

s5 4 s6 Guide Dogs Act 1972 ˙ Blind or deaf persons may be accompanied by guide dogs 5.(1) This section applies to— (a) places open to or used by the public, whether as of right or on the invitation of the occupier or on payment of a fee; and (b) vehicles used to carry passengers for hire or reward. (2) However, this section does not apply to places and vehicles excluded from its application under a regulation. (3) Despite any Act to the contrary, a blind or deaf person may be accompanied by a guide dog into or on any place or vehicle to which this section applies. (4) The person does not commit an offence merely because the person takes the guide dog into or on, or permits the guide dog to enter or be in or on, the place or vehicle while the person is using the dog as a guide or an aid. ˙ Offences by persons in charge 6.(1) A person having the charge of a place or vehicle in respect of which section 5 applies shall not— (a) fail to permit a blind or deaf person accompanied by a guide dog to enter or be in or on that place or vehicle; (b) deny accommodation or service in or on that place or vehicle to a blind or deaf person accompanied by a guide dog; (c) fail to permit a blind or deaf person to take a guide dog into or on that place or vehicle. Maximum penalty—1 penalty unit. (2) It is a defence to a charge of an offence against subsection (1) to prove that the defendant in terms of that subsection did not fail to permit or did not deny, as the case may be, by reason only that the blind or deaf person concerned was accompanied by a guide dog.

s7 5 s8 Guide Dogs Act 1972 ˙ Evidentiary provisions 7.(1) A document purporting to be a certificate issued on behalf of an approved institution and containing particulars as to the identification, training and registration in respect of a guide dog shall, upon its production on any occasion, be taken as evidence of the matters contained therein and that the document pertains to the dog in respect of which it is produced. (2) In any proceeding for an offence against section 6 it shall be presumed that the place material to the charge, being a place open to or used by the public, is a place in respect of which section 5 applies or that the vehicle material to the charge, being a vehicle used for the carriage of passengers for hire or reward, is a vehicle in respect of which section 5 applies, until the contrary is proved. ˙ Regulation making power 8. The Governor in Council may make regulations under this Act.

6 Guide Dogs Act 1972 ENDNOTES ´ 1 Index to Endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 30 January 1996 Future amendments of the Guide Dogs Act 1972 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

7 Guide Dogs Act 1972 ´ 4 Table of earlier reprints Reprint No. 1 TABLE OF EARLIER REPRINTS Amendments included Reprint date to Act No. 16 of 1984 2 December 1994 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Obsolete and redundant provisions Reprint No. 1 ´ 6 List of legislation Guide Dogs Act 1972 No. 8 date of assent 15 December 1972 commenced 1 March 1973 (proc pubd gaz 24 February 1973 p 822) as amended by— Guide Dogs Act Amendment Act 1984 No. 16 date of assent 5 March 1984 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent ´ 7 List of annotations Long title amd 1984 No. 16 s 2 Commencement of Act s 2 om R2 (see RA s 37) Interpretation s 3 def “approved institution” sub 1995 No. 58 s 4 sch 1 def “deaf person” ins 1984 No. 16 s 3(a) def “guide dog” amd 1984 No. 16 s 3(b)

8 Guide Dogs Act 1972 Blind or deaf persons may be accompanied by guide dogs prov hdg amd 1984 No. 16 s 4(a) s 5 amd 1984 No. 16 s 4(b) sub 1995 No. 58 s 4 sch 1 Offences by persons in charge s 6 amd 1984 No. 16 s 5; 1995 No. 58 s 4 sch 1 Evidentiary provisions s 7 prev s 7 amd 1984 No. 16 s 6 om 1995 No. 58 s 4 sch 1 pres s 7 (prev s 8) amd 1995 No. 58 s 4 sch 1 renum 1995 No. 58 s 4 sch 1 Regulation making power s 8 prev s 8 renum as s 7 1995 No. 58 s 4 sch 1 pres s 8 ins 1995 No. 58 s 4 sch 1