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This is a Bill, not an Act. For current law, see the Acts databases.
Companion Animals Amendment
(Dogs in Outside Eating Areas) Bill
2010
No , 2010
A Bill for
An Act to amend the Companion Animals Act 1998 to authorise the presence of dogs
in outside eating areas in certain circumstances.
Clause 1 Companion Animals Amendment (Dogs in Outside Eating Areas) Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Companion Animals Amendment (Dogs in Outside 3
Eating Areas) Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Companion Animals Amendment (Dogs in Outside Eating Areas) Bill 2010
Amendment of Companion Animals Act 1998 No 87 Schedule 1
Schedule 1 Amendment of Companion Animals Act 1
1998 No 87 2
[1] Section 14 Dogs prohibited in some public places 3
Insert after section 14 (1) (b): 4
Note. However, see section 86A, which permits dogs to be in outside 5
eating areas. 6
[2] Section 86A 7
Insert before section 87: 8
86A Dogs in outside eating areas 9
(1) The food safety restrictions applicable to dogs do not prohibit a 10
dog from being in an outside eating area if: 11
(a) the dog is under the effective control of some competent 12
person and is restrained by means of an adequate chain, 13
cord or leash that: 14
(i) is attached to the dog, and 15
(ii) is not more than 1 metre in length, and 16
(b) the dog is kept on the ground. 17
(2) If the outside eating area is within a public place declared by a 18
local authority to be an off-leash area, it is not necessary for the 19
dog to be restrained by means of a chain, cord or leash. 20
(3) An outside eating area is an area in which food is consumed by 21
humans: 22
(a) that is not enclosed, and 23
(b) that can be entered by the public without passing through 24
an enclosed area in which dogs are prohibited by this Act. 25
(4) An area is enclosed if, disregarding doorways and passageways, 26
the area is substantially or completely enclosed (whether 27
permanently or temporarily) by: 28
(a) a ceiling or roof, and 29
(b) walls or windows (or both). 30
(5) If, under this section, the food safety restrictions applicable to 31
dogs do not prohibit a dog from being in an outside eating area, a 32
person does not contravene this Act, the Food Act 2003 or the 33
Food Standards Code, merely because the dog is in that outside 34
eating area. 35
Page 3
Companion Animals Amendment (Dogs in Outside Eating Areas) Bill 2010
Schedule 1 Amendment of Companion Animals Act 1998 No 87
(6) The food safety restrictions applicable to dogs are: 1
(a) the provisions of this Act that prohibit dogs from being in 2
food preparation/consumption areas (section 14 (1) (b)), 3
and 4
(b) the Food Act 2003 and the Food Standards Code. 5
(7) In this section: 6
Food Standards Code has the same meaning as it has in the Food 7
Act 2003. 8
Page 4
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