Road Transport (Public Passenger Services) Amendment Regulation 2020 (No 1) (ACT)

Road Transport (Public Passenger Services) Amendment Regulation 2020 (No 1)

Subordinate Law SL2020-32

The Australian Capital Territory Executive makes the following regulation under the Road Transport (Public Passenger Services) Act 2001.

Dated 19 August 2020.

Shane Rattenbury

Minister

Mick Gentleman

Minister

Road Transport (Public Passenger Services) Amendment Regulation 2020 (No 1)

Subordinate Law SL2020-32

made under the

Road Transport (Public Passenger Services) Act 2001

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Section 62 (3) and notes  1

5            Section 70AAD (5) and notes  2

6            Section 221W (3) and note  2

7           Section 227 (3) and note  3

8            Section 296  4

9            Dictionary, new definition of accredited assistance animal  4

1. Name of regulation

   This regulation is the Road Transport (Public Passenger Services) Amendment Regulation 2020 (No 1).

2. Commencement

   This regulation commences on the 7th day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Road Transport (Public Passenger Services) Regulation 2002.

4. Section 62 (3) and notes

   substitute  

   (3)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 1The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

   Note 2The Domestic Animals Act 2000, s 106E, contains offences about not allowing assistance animals in public passenger vehicles.

   Note 3If 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 Discrimination Act 1991, s 5AA and s 8).

5. Section 70AAD (5) and notes

   substitute

   (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 1The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).

   Note 2The Domestic Animals Act 2000, s 106E, contains offences about not allowing assistance animals in public passenger vehicles.

   Note 3If 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 Discrimination Act 1991, s 5AA and s 8).

6. Section 221W (3) and note

   substitute

   (3)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 1The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

   Note 2The Domestic Animals Act 2000, s 106E, contains offences about not allowing assistance animals in public passenger vehicles.

   Note 3If 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 Discrimination Act 1991, s 5AA and s 8).

7. Section 227 (3) and note

   substitute

   (3)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 1The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

   Note 2The Domestic Animals Act 2000, s 106E, contains offences about not allowing assistance animals in public passenger vehicles.

   Note 3If 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 Discrimination Act 1991, s 5AA and s 8).

8. Section 296

   substitute

9. Carriage of animals in demand responsive service vehicles

   (1)A person commits an offence if—

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

   (b)the animal is not confined in a box, basket or other container.

   Maximum penalty:  5 penalty units.

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

   (3)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 1The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

   Note 2The Domestic Animals Act 2000, s 106E, contains offences about not allowing assistance animals in public passenger vehicles.

   Note 3If 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 Discrimination Act 1991, s 5AA and s 8).

10. Dictionary, new definition of accredited assistance animal

    insert

    accredited assistance animal—see the Domestic Animals Act 2000, section 94.

Endnotes

1. Notification

   Notified under the Legislation Act on 21 August 2020.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2020