BREAKING NEWS

New South Wales State Legislation

In NSW laws are the same as the federal ones in regards for definitions of assistance animals and also for disability. State laws really reinforce those rights and fine people for refusing people access, but also grant public access rights to all such dogs in training. All assistance animals in NSW are eligible for free registration. Legislation is in various different forms:

1. The Companion Animals Act 1998
http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/index.html
COMPANION ANIMALS ACT 1998 - SECT 59
Person with a disability entitled to be accompanied by assistance animal
59 Person with a disability entitled to be accompanied by assistance animal

(1) A person with a disability is entitled to be accompanied by an assistance animal being used bona fide by the person to assist the person, into or onto any building or place open to or used by the public or on any public transport.
(2) The person is not guilty of an offence merely because the person takes the animal into or onto or permits the animal to enter or be in or on any such building or place or any public transport while the person is using the animal bona fide to assist the person.
(3) This section applies despite the provisions of any other Act or instrument made under an Act.

COMPANION ANIMALS ACT 1998 - SECT 60
Assistance animal not to be denied entry
60 Assistance animal not to be denied entry

(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, without reasonable cause, refuse to permit a person to take an assistance animal into or onto, or while accompanied by an assistance animal to enter or be in or on, that building or place or public transport if the person has a disability and is using the animal bona fide to assist him or her.
Maximum penalty: 8 penalty units.
(2) A person prosecuted for a contravention of this section is not entitled to any defence to that prosecution that relies for its efficacy on the presence of the animal concerned.

COMPANION ANIMALS ACT 1998 - SECT 61
Unlawful to impose charge for entry of assistance animal
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. Anti Discrimination Act 1977
http://www.austlii.edu.au/au/legis/nsw/consol_act/aa1977204/index.html
ANTI-DISCRIMINATION ACT 1977 - SECT 49B
What constitutes discrimination on the ground of disability
49B What constitutes discrimination on the ground of disability
(3) For the purposes of, but without limiting, this section, the fact that a person who has a disability of or relating to vision, hearing or mobility has, or may be accompanied by, a dog which assists the person in respect of that disability, is taken to be a characteristic that appertains generally to persons who have that disability, but nothing in this Act affects the liability of any such person for any injury, loss or damage caused by the dog.

3. Passenger Transport Act 1990, and Passenger Transport Regulations 2007
http://www.austlii.edu.au/au/legis/nsw/consol_reg/ptr2007339/s52.html
PASSENGER TRANSPORT REGULATION 2007 - REG 52
No animals
52 No animals
(1) A passenger must not take into or on any public passenger vehicle any dog, cat, bird or other animal:
(a) in the case of a vehicle other than a bus or ferry-unless the animal is suitably confined in a box, basket or other container, and
(b) in the case of a bus or ferry-except with the permission of, and in the manner permitted by, the driver of the bus or the ferry master.
Maximum penalty: 5 penalty units.
(2) Subclause (1) does not apply to an assistance animal or an assistance animal in training.

4. Rail Safety Act 1993, and Rail Safety Regulations 2003
http://www.austlii.edu.au/au/legis/nsw/consol_reg/rsr2003273/s46.html
RAIL SAFETY (GENERAL) REGULATION 2003 - REG 46
Animals on trains or railway land
46 Animals on trains or railway land

(1) A person must not take an animal onto a train intended for the conveyance of passengers, or have an animal in his or her charge on such a train, except under the conditions imposed by the accredited person for the relevant railway for the conveyance of the animal.
Maximum penalty: 5 penalty units.
(2) A person must not allow an animal under the person’s care or control on, or to stray onto, railway land, except as provided by subclause (1).
Maximum penalty: 5 penalty units.
(3) This clause does not apply to:
(a) an assistance animal accompanying a person with a disability, or
(b) an assistance animal in training.