Section 61 Companion Animals Act 1998 | Charging Entry for Assistance Animal

The Legislation

Section 61 of the Companion Animals Act 1998 is Charging Entry for Assistance Animal and is extracted below.

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61 Unlawful to impose charge for entry of assistance animal

(1) An occupier or person in charge or control of a building or place open to or used by the public or a person in charge or control of any public transport must not impose a charge on or in respect of a person with a disability who is accompanied by an assistance animal used bona fide by the person to assist him or her and who is taking the animal into or onto, or is entering or is in or on, that building or place or public transport, unless the charge would have been imposed on or in respect of that person if the person had not been accompanied by the animal. Maximum penalty: 8 penalty units.

(2) A person (“the defendant”) does not contravene subsection (1) by imposing a charge in respect of an animal accompanying a person if the defendant proves that:
(a) in the circumstances it was reasonably necessary for the defendant to supply accommodation for the animal additional to that supplied for the person, that the charge was imposed for that additional accommodation, and that the charge was a reasonable charge in the circumstances, or
(b) the defendant reasonably incurred additional expense because of the presence of the animal, that the charge imposed was to recompense the defendant for that additional expense, and that the charge was a reasonable charge in the circumstances.

(3) When a person is convicted of an offence under this section in respect of a charge imposed on another person, the court may, upon application made by that other person, order the convicted person to refund the amount of that charge.

(4) The court’s order operates as an order for the payment of money under the Civil Procedure Act 2005 and is enforceable as such an order under that Act. The order can for the purpose of enforcing it be entered in the records of the court exercising jurisdiction under the Civil Procedure Act 2005 at the place where the order was made, in such manner as may be prescribed by rules made under that Act.

(2) A reference in this Part to a council is, in relation to a council pound referred to in paragraph (b) of the definition of that term in section 5, a reference to the pound operator.