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“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

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QUEENSLAND

GUIDE

[Reprinted as at 1 October, 19841

Guide Dogs Act 1972, No. 8

Guide Dogs Act Amendment Act 1984, No. 16 As amended by

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

[ASSENTED TO 15 DECEMBER, 19721

Long title as amended by Act of 1984, No. 16, s. 2.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. Short title. This Act may be cited as the Guide Dogs Act 1972.

Collective title conferred by Act of 1984, No. 16, s. 1 (3).

2. Commencement of Act. This Act shall come into operation on a date appointed by Proclamation.

Commenced 1 March 1973 (Proc. pubd. Gaz. 24 February 1973, p. 822).

3. Interpretation. In this Act, save where a contrary intention appears-

“approved institution” means an institution declared by Order in Council to be an approved institution for the purposes of this Act;

“blind person” includes a person who is partially blind;

“deaf person” includes a person who is partially deac

“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.

As amended by Act of 1984, No. 16, s. 3.

4. Crown bound, This Act binds the Crown.

ght of blind or deaf persons to be accompanied by guide dogs.

(1) This section applies in respect of any place open to or used by the public, whether as of right or on the invitation of the occupier or the payment of a charge or fee, and in respect of any vehicle used for the

(3)

2 s. 6 GUIDE DOGS ACT 1972-1983 s. 8

carriage of passengers for hire or reward save such places and vehicles as are excluded from the application of this section by Order in Council.

(2) Notwithstanding any provision of any Act, regulation, ordinance or by-law, a blind or deaf person is entitled to be accompanied by a guide dog into or on any place or vehicle in respect of which this section applies and that person does not commit an offence by reason only that he takes a guide dog into or on or permits a guide dog to enter or be in or on a place or vehicle in respect of which this section applies while he is using the dog as a guide or an aid, as the case may be.

As amended by Act of 1984, No. 16, s. 4.

6. Offences by persons in charge. (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 t,o permit a blind or deaf person to take a guide dog into or on that place or vehicle.

Penalty: $50.

(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.

As amended by Act of 1984, No. 16, s. 5.

7. Powers of Governor in Council. The Governor in Council may by Order in Council-

(a) declare any institution that trains dogs as guides for blind persons or as aids for deaf persons to be an approved institution for the purposes of this Act;

(b) exclude frbm ‘the application of section 5 any place or vehicle specified therein.

As amended by Act of 1984, No. 16, s. 6.

8. Evidentiary ~ ~ Q V ~ S ~ O I I S . (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 and, in the absence of evidence to the contrary, conclusive 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

(4)

s. 8 GUIDE DOGS ACT 1972-1983 s,

e

3

or that the vehicle ~ a t e ~ a l to the charge, bei section 5 applies, until the contrary is proved.

a vehicle used for the icle in r ~ s ~ e c t of which o ~ ~ a s s ~ n ~ e r s for hire or reward, is

65181-Ey A u i h ~ ~ t y : S. R. H ~ M ~ S O N , ~ o v e m m e n t Printer, Que~nsIand

(5)
(6)

Act-

binds the mown commencement short title Approved institution-

meaning of term

Crown-

to be bound by Act .

. . . . . . s. 4 ' '~

. . . 2 . . . .

. . . . 1 . . . . .

. . 3 . . . . .

Blind person- meaning of term

right to be accompanied by guide dogs . .

, . 3 . . . .

5 . . . .I .

c

. . . . . 4 . . . . .

Deaf person-

meaning of term . . . . . .

right to be ~ c c o m ~ ~ ~ i e d ' by guide hogs . . . '

Evidentiary provisions

Governor in Council- Guide Dog-

powers of meaning o f term

~ n t e ~ r ~ t a t i o n . See Meaning of terms

E

7 .

. . . . 3 .

I

Page

1

I 1

1

2

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6 INDEX

Meaning of terrns- approved institution

blind person . .

deaf person . . .

guide dag

vehicle . . .

. . .

, .

. .

s . 3 , . , '

3 . , .

3 . . . . . . . '

3 . . . . .

3 . . . . s . 3 , . , '

3 . , .

3 . . . . . . . '

3 . . . . .

3 . . . .

Offences-

re person in charge of vehicle or place 6

Penalty-

re offence by person in charge

defence of offence by person in charge' . . . '

V

Vehicle-

meaning ofterm . . .

offence re person in charge of . . . ' . . . . , .

6 ( I ) . . .

6 ( 2 ) . . . . . .

3 . . . .

6 ( 1 ) . . . . .

Page

1 1 1 1 1

2

2 2

6 I

65181-By Antho~ty: S. R. HAMPSON, Government Printer, Queensland

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