EXPLANATORY STATEMENT
Issued by the authority of the Minister for Veterans' Affairs
Defence Act 1903
Defence (Public Areas) By-Laws 1987
Section 116 ZD of the Defence Act 1903 (the Act) provides that the Minister may, by legislative instrument, make by-laws, not inconsistent with the Act, for and in relation to the control and management of public areas.
By-Law 8(1) of the Defence (Public Areas) By-Laws 1987 (the Principal ByLaws) makes it an offence to take an animal into a public area, as defined by notice published in the Gazette under section 116Q of the Act. By-law 8(2) provides however, an exception for a blind person taking a guide dog into such a public area
The amendments to by-law 8(2) of the Principal By-Laws widen the exception provided by by-law 8 (2) to ensure that persons with vision, hearing or other disabilities are able to take animals, trained to alleviate the effects of those disabilities, into such public areas.
Details of the amendments are outlined in the Attachment.
The Act does not specify any conditions that need to be met before the power to make the by-laws may be exercised
The by-laws are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The by-laws commence on the day after they have been registered on the Federal Register of Legislative Instruments.
There has been no consultation in the making of this instrument as it relates to an issue of national security.
Authority: Section 116 ZD Defence Act 1903
Details of the Defence (Public Areas) Amendment By-Laws 2006 (No. )
By-Law 1 identifies the By-Laws as the Defence (Public Areas) Amendment By Laws 2006 (No. )
By-Law 2 provides that the By-Laws commence the day after they are registered on the Federal Register of Legislative Instruments.
By-Law 3 provides that the amendments to the Defence (Public Areas) By Laws 1987 (the Principal By-Laws) are contained in Schedule 1.
Schedule 1
[11 Item 1 amends by-law 8(2) by providing that that the prohibition on taking an animal into a public area prescribed in by-law 8(1) of the Principal By-Laws does not apply to a person who has a vision, hearing or other disability when such a person takes an animal, trained to assist a person to alleviate the effect of one of the above disabilities, into a public area.
Overview
The Defence (Public Areas) Amendment By-Laws 2006 (No.) was enacted to address a gap in existing legislation regarding the prohibition of animals in public areas. The Defence Act 1903, as amended by these by-laws, allows the Minister for Veterans' Affairs to make rules for the control and management of public areas, including the restriction of animals. The by-laws, which were enacted under the authority of section 116 ZD of the Defence Act 1903, aim to enhance accessibility for persons with disabilities by permitting those with vision, hearing, or other disabilities to bring specially trained animals into public areas. The objective of these amendments is to ensure that individuals with disabilities can access the support they need in public areas without being restricted by current animal control regulations. The by-laws were registered on the Federal Register of Legislative Instruments and took effect the day after registration.
Scope and Application
The Defence (Public Areas) Amendment By-Laws 2006 (No. 1) amend the Defence (Public Areas) By-Laws 1987, which are legislative instruments created under section 116 ZD of the Defence Act 1903. These by-laws apply to all individuals and entities within the public areas governed by the Defence Act, and the amendments focus on broadening the exceptions to the prohibition on taking animals into such areas. Specifically, the amendments ensure that individuals with disabilities, including vision, hearing, or other impairments, can bring animals trained to assist in mitigating the effects of these disabilities into public areas, which were previously restricted. The by-laws extend to the national level, as they are federal instruments registered on the Federal Register of Legislative Instruments. There are no specified thresholds or additional conditions for exercising the by-law-making power beyond the requirement that they do not conflict with the Defence Act 1903. The amendments do not specify any exclusions other than the defined exceptions for individuals with disabilities and their trained assistance animals.
Key Provisions
The main operative sections of the Defence (Public Areas) Amendment By-Laws 2006 (No. 1) amend By-law 8(2) of the Defence (Public Areas) By-Laws 1987. Specifically, the amendments remove the previous limitation that only allowed a blind person to bring a guide dog into a public area, and instead extend this exemption to include any person with a vision, hearing, or other disability who is accompanied by an animal trained to alleviate the effects of that disability (By-law 8(2) Amendment). This means that individuals with disabilities can now bring trained assistance animals into public areas, ensuring broader accessibility and support.
The amendments impose obligations on individuals with disabilities to ensure that any animal they bring into a public area is indeed trained to assist with their specific disability. This includes maintaining proper documentation or identification of the animal as an assistance animal, if required, and ensuring that the animal behaves appropriately in the public area. The by-laws require that the animals do not cause any disturbance or inconvenience to others in the public area, maintaining the safety and order of these spaces.
Breaching the provisions of the Defence (Public Areas) By-Laws 1987 can result in legal consequences. Under By-law 8(1), taking an animal into a public area without the permitted exceptions is an offence. The specific penalties for such breaches are not detailed in the explanatory statement, but generally, by-laws made under the Defence Act 1903 can attract fines and other sanctions as prescribed by relevant laws. It is important for individuals to comply with these by-laws to avoid potential legal repercussions.