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Queensland
Guide, Hearing and
Assistance Dogs Amendment
Bill 2015
Queensland
Guide, Hearing and Assistance Dogs
Amendment Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act
2009
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 6 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 8 (People with a disability may be accompanied by
their guide, hearing and assistance dogs) . . . . . . . . . . . . . . . . . . 7
6 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8A Alternative handler may be accompanied by primary handler
and certified guide, hearing and assistance dog . . . . 7
7 Amendment of s 10 (Lawful presence at a place or on a vehicle) 8
8 Amendment of s 12 (Identification procedure for handlers and trainers)8
9 Amendment of s 12A (Obligations of persons exercising control of
places of accommodation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 13 (Obligations of persons exercising control of public
places and public passenger vehicles). . . . . . . . . . . . . . . . . . . . . 9
11 Replacement of s 16 (Submissions from advisory committee) . . 9
16 Chief executive may consult about application for approval 9
12 Amendment of s 17 (Decision on application for approval) . . . . . 9
13 Amendment of s 21 (Review of approval). . . . . . . . . . . . . . . . . . . 10
14 Omission of s 22 (Submissions from advisory committee). . . . . . 10
15 Amendment of s 23 (Decision on review). . . . . . . . . . . . . . . . . . . 10
16 Amendment of s 30 (Voluntary surrender of approval). . . . . . . . . 10
17 Amendment of s 32 (Approved trainers and approved training
institutions must give notice of change) . . . . . . . . . . . . . . . . . . . . 10
18 Amendment of s 35 (Public access test) . . . . . . . . . . . . . . . . . . . 11
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Contents
19 Replacement of s 39 (Approved or employee trainer must not certify
own dog). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
39 Approved trainer must not certify own dog . . . . . . . . . 11
20 Amendment of s 40 (Eligibility for handler's identity card) . . . . . . 11
21 Replacement of ss 41-43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
41 Eligibility for alternative handler's identity card . . . . . . 12
42 Issue of handler's identity card . . . . . . . . . . . . . . . . . . 12
22 Amendment of s 44 (Term of handler's identity card) . . . . . . . . . . 13
23 Replacement of s 45 (Notice of expiry of handler's identity card) 13
45 Form of handler's identity card . . . . . . . . . . . . . . . . . . 13
45A Record of handler's identity cards . . . . . . . . . . . . . . . 14
24 Replacement of s 46 (Grounds for immediate suspension or
cancellation of handler's identity card) . . . . . . . . . . . . . . . . . . . . . 14
46 Grounds for immediate suspension or cancellation of
handler's identity card. . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Amendment of s 47 (Immediate suspension of handler's identity card)
15
26 Amendment of s 48 (Cancellation of handler's identity card) . . . . 16
27 Amendment of s 49 (Voluntary surrender of handler's identity card) 17
28 Omission of s 50 (Replacement of handler's identity card) . . . . . 17
29 Amendment of s 51 (Return of handler's identity card) . . . . . . . . 17
30 Amendment of s 56 (Issue of identity card for employee trainer or puppy
carer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31 Replacement of s 68 (Reviewable decisions). . . . . . . . . . . . . . . . 18
68 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . 18
32 Amendment of s 69 (Application for review) . . . . . . . . . . . . . . . . . 19
33 Amendment of s 71 (Reviewed decision) . . . . . . . . . . . . . . . . . . . 19
34 Amendment of s 74 (Purpose of pt 8) . . . . . . . . . . . . . . . . . . . . . 20
35 Amendment of s 79 (Production or display of identity card) . . . . . 20
36 Replacement of s 83 (Power to enter places). . . . . . . . . . . . . . . . 20
83 General power to enter places . . . . . . . . . . . . . . . . . . 20
37 Replacement of pt 8, div 3, sdiv 2 hdg (Procedure for entry) . . . . 21
38 Amendment of s 84 (Entry with consent) . . . . . . . . . . . . . . . . . . . 21
39 Insertion of new part 8, div 3, sdiv 2A . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 2A Entry under warrant
84A Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . 23
84B Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Page 2
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Contents
84C Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . 24
84D Procedure for entry under warrant . . . . . . . . . . . . . . . 24
40 Amendment of s 85 (General powers after entering a place). . . . 25
41 Amendment of s 88 (Power to require name and address) . . . . . 26
42 Insertion of new s 89A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
89A General power to require information . . . . . . . . . . . . 26
43 Amendment of s 90 (Power to require particular information or inspect
documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
44 Amendment of s 91 (Powers relating to production of documents) 27
45 Amendment of s 92 (Failure to give information or produce or certify
document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
46 Amendment of s 94 (Compensation) . . . . . . . . . . . . . . . . . . . . . . 28
47 Omission of pt 10 (Advisory committee). . . . . . . . . . . . . . . . . . . . 28
48 Replacement of s 114 (Delegation by chief executive). . . . . . . . . 28
114 Delegation by chief executive . . . . . . . . . . . . . . . . . . . 28
49 Amendment of s 115 (Protecting officials from liability) . . . . . . . . 28
50 Replacement of pt 12, div 2 hdg (Transitional provisions) . . . . . . 29
51 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 3 Transitional provisions for Guide, Hearing and
Assistance Dogs Amendment Act 2015
124 Applications to chief executive for handler's identity card 29
125 Term of current handler's identity cards . . . . . . . . . . . 30
52 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 30
Page 3
2015
A Bill
for
An Act to amend the Guide, Hearing and Assistance Dogs Act
2009 for particular purposes
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Guide, Hearing and Assistance 4
Dogs Amendment Act 2015. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Guide, Hearing 8
and Assistance Dogs Act 2009 9
Clause 3 Act amended 10
This part amends the Guide, Hearing and Assistance Dogs Act 11
2009. 12
Clause 4 Amendment of s 6 (Definitions for pt 2) 13
(1) Section 6, definition certified guide, hearing or assistance 14
dog-- 15
omit. 16
(2) Section 6, definition accompanied handler-- 17
insert-- 18
(ab) an alternative handler who is accompanied 19
by a primary handler and the primary 20
handler's certified guide, hearing or 21
Page 6
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 5]
assistance dog for which the alternative 1
handler has a handler's identity card; or 2
(3) Section 6, definition accompanied handler, paragraphs (ab) 3
and (b)-- 4
renumber as paragraphs (b) and (c). 5
(4) Section 6, definition public place-- 6
omit. 7
Clause 5 Amendment of s 8 (People with a disability may be 8
accompanied by their guide, hearing and assistance 9
dogs) 10
Section 8, 'the guide'-- 11
omit, insert-- 12
the person's certified guide 13
Clause 6 Insertion of new s 8A 14
After section 8-- 15
insert-- 16
8A Alternative handler may be accompanied by 17
primary handler and certified guide, hearing 18
and assistance dog 19
(1) Despite any other Act, an alternative handler 20
may, in a place of accommodation, public place 21
or public passenger vehicle, be accompanied by a 22
primary handler and the primary handler's 23
certified guide, hearing or assistance dog for 24
which the alternative handler has a handler's 25
identity card. 26
(2) Also, an alternative handler who is accompanied 27
by a primary handler and dog under subsection 28
(1) does not commit an offence merely by taking 29
the dog into a place of accommodation, public 30
place or public passenger vehicle. 31
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 7]
Clause 7 Amendment of s 10 (Lawful presence at a place or on a 1
vehicle) 2
(1) Section 10, 'sections 8 and 9'-- 3
omit, insert-- 4
sections 8, 8A and 9 5
(2) Section 10(a), 'section 8 or 9'-- 6
omit, insert-- 7
section 8, 8A or 9 8
Clause 8 Amendment of s 12 (Identification procedure for handlers 9
and trainers) 10
(1) Section 12(2)(a)(ii)-- 11
omit, insert-- 12
(ii) his or her identity card available for 13
inspection by a person exercising 14
control of a place of accommodation, 15
public place or public passenger 16
vehicle if asked by the person; and 17
(2) Section 12(4), definition identity card-- 18
omit, insert-- 19
identity card means-- 20
(a) for a person with a disability--a primary 21
handler's identity card; or 22
(b) for an alternative handler--an alternative 23
handler's identity card; or 24
(c) for an approved trainer, employee trainer or 25
a puppy carer--a trainer's identity card. 26
(3) Section 12(4), definition valid application notice and note-- 27
omit. 28
Page 8
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 9]
Clause 9 Amendment of s 12A (Obligations of persons exercising 1
control of places of accommodation) 2
(1) Section 12A(3)-- 3
omit, insert-- 4
(3) It is a defence to a charge of an offence against 5
subsection (1) for the person exercising control 6
of a place of accommodation to prove that the 7
accompanied handler did not comply with 8
subsection (2). 9
(2) Section 12A(4), note, after 'under the'-- 10
insert-- 11
Anti-Discrimination Act 1991 or the 12
Clause 10 Amendment of s 13 (Obligations of persons exercising 13
control of public places and public passenger vehicles) 14
Section 13(2), note, after 'under the'-- 15
insert-- 16
Anti-Discrimination Act 1991 or the 17
Clause 11 Replacement of s 16 (Submissions from advisory 18
committee) 19
Section 16-- 20
omit, insert-- 21
16 Chief executive may consult about application 22
for approval 23
In considering and deciding the application, the chief 24
executive may consult with any entity the chief 25
executive considers appropriate. 26
Clause 12 Amendment of s 17 (Decision on application for approval) 27
(1) Section 17(1), from 'The' to 'and'-- 28
omit, insert-- 29
Page 9
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 13]
To decide the application, the chief executive must 1
consider 2
(2) Section 17(2)(d) and (e)-- 3
omit, insert-- 4
(d) another matter prescribed by regulation. 5
Clause 13 Amendment of s 21 (Review of approval) 6
Section 21-- 7
insert-- 8
(4) In reviewing the approval, the chief executive 9
may consult with any entity the chief executive 10
considers appropriate. 11
Clause 14 Omission of s 22 (Submissions from advisory committee) 12
Section 22-- 13
omit. 14
Clause 15 Amendment of s 23 (Decision on review) 15
Section 23(1)(d) and (e)-- 16
omit, insert-- 17
(d) another matter prescribed by regulation. 18
Clause 16 Amendment of s 30 (Voluntary surrender of approval) 19
Section 30(1), 'written'-- 20
omit. 21
Clause 17 Amendment of s 32 (Approved trainers and approved 22
training institutions must give notice of change) 23
Section 32(1), 'written'-- 24
omit. 25
Page 10
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 18]
Clause 18 Amendment of s 35 (Public access test) 1
Section 35(1)(b)-- 2
omit, insert-- 3
(b) able to be controlled by-- 4
(i) the primary handler of the dog; or 5
(ii) the primary handler of the dog with the 6
support of an alternative handler. 7
Clause 19 Replacement of s 39 (Approved or employee trainer must 8
not certify own dog) 9
Section 39-- 10
omit, insert-- 11
39 Approved trainer must not certify own dog 12
An approved trainer must not certify a guide, hearing 13
or assistance dog if the trainer is also the person with a 14
disability who relies on the dog. 15
Clause 20 Amendment of s 40 (Eligibility for handler's identity card) 16
(1) Section 40, before 'handler's'-- 17
insert-- 18
primary 19
(2) Section 40(c)-- 20
omit. 21
(3) Section 40-- 22
insert-- 23
(2) However, subsection (1)(b) does not apply to the 24
person if-- 25
(a) the person satisfies the requirement 26
mentioned in subsection (1)(a); and 27
Page 11
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 21]
(b) an alternative handler's identity card is in 1
effect for the person's guide, hearing or 2
assistance dog. 3
Example-- 4
A child who can not physically control an 5
assistance dog might be eligible for a primary 6
handler's identity card if a parent of the child has 7
an alternative handler's identity card for the dog. 8
Clause 21 Replacement of ss 41-43 9
Sections 41 to 43-- 10
omit, insert-- 11
41 Eligibility for alternative handler's identity card 12
A person who is an adult is eligible for an 13
alternative handler's identity card in relation to a 14
primary handler's guide, hearing or assistance 15
dog if-- 16
(a) the primary handler relies on the person to 17
physically control the dog; and 18
(b) the person is able to physically control the 19
dog. 20
42 Issue of handler's identity card 21
(1) A person may ask an approved trainer or 22
approved training institution to issue a handler's 23
identity card to the person. 24
(2) The approved trainer or approved training 25
institution may issue the handler's identity card 26
to the person if satisfied the person is eligible for 27
the card under-- 28
(a) for a primary handler's identity 29
card--section 40; or 30
(b) for an alternative handler's identity 31
card--section 41. 32
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 22]
(3) An approved trainer or approved training 1
institution must not issue a handler's identity card 2
to anyone other than a person who satisfies the 3
eligibility requirements for the card under section 4
40 or 41. 5
(4) If an approved trainer or approved training 6
institution refuses to issue a handler's identity 7
card to the person, the trainer or institution must 8
immediately give the person an information 9
notice for the decision. 10
Clause 22 Amendment of s 44 (Term of handler's identity card) 11
Section 44(2)-- 12
omit, insert-- 13
(2) The day of expiry for a handler's identity card 14
must not be more than 3 years after the day the 15
card is issued. 16
Clause 23 Replacement of s 45 (Notice of expiry of handler's 17
identity card) 18
Section 45-- 19
omit, insert-- 20
45 Form of handler's identity card 21
A handler's identity card must-- 22
(a) contain a photo of the handler and the 23
handler's certified guide, hearing or 24
assistance dog; and 25
(b) comply with the requirements prescribed by 26
regulation. 27
Page 13
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 24]
45A Record of handler's identity cards 1
(1) An approved trainer or approved training 2
institution must keep a record of all handler's 3
identity cards issued by the trainer or institution. 4
(2) The record must state the following for each 5
handler's identity card-- 6
(a) the name of the person to whom the card 7
was issued; 8
(b) a description of the handler's dog; 9
(c) the day the card was issued; 10
(d) the day the card expires; 11
(e) any other information prescribed by 12
regulation. 13
Clause 24 Replacement of s 46 (Grounds for immediate suspension 14
or cancellation of handler's identity card) 15
Section 46-- 16
omit, insert-- 17
46 Grounds for immediate suspension or 18
cancellation of handler's identity card 19
(1) Each of the following is a ground for 20
immediately suspending or cancelling a handler's 21
identity card-- 22
(a) the dog for which the card was issued is a 23
risk to the health or welfare of the handler or 24
someone else; 25
(b) the dog was certified because of a materially 26
false or misleading representation or 27
declaration; 28
(c) the identity card was issued because of a 29
materially false or misleading representation 30
or declaration; 31
Page 14
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 25]
(d) for a primary handler's identity card--the 1
handler no longer relies on the dog; 2
(e) for an alternative handler's identity card-- 3
(i) the alternative handler no longer 4
supports the primary handler of the dog 5
to physically control it; or 6
(ii) the primary handler of the dog no 7
longer relies on the alternative handler 8
to physically control the dog. 9
(2) Also, it is a ground for cancelling a handler's 10
identity card if the dog for which the card was 11
issued should be retired because of age, illness or 12
other inability to be used as a guide, hearing or 13
assistance dog. 14
Clause 25 Amendment of s 47 (Immediate suspension of handler's 15
identity card) 16
(1) Section 47(1), 'chief executive', first mention-- 17
omit, insert-- 18
chief executive or an approved trainer or approved 19
training institution that issued a handler's identity card 20
(2) Section 47(1), 'a handler'-- 21
omit, insert-- 22
the handler 23
(3) Section 47(1), 'chief executive' second mention-- 24
omit, insert-- 25
chief executive, trainer or institution 26
(4) Section 47(3)(a), 'chief executive'-- 27
omit, insert-- 28
chief executive, approved trainer or approved training 29
institution 30
Page 15
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 26]
Clause 26 Amendment of s 48 (Cancellation of handler's identity 1
card) 2
(1) Section 48(1) and (2)-- 3
omit, insert-- 4
(1) If the chief executive or an approved trainer or 5
approved training institution that issued a 6
handler's identity card believes a ground exists to 7
cancel the card, the chief executive, trainer or 8
institution may cancel the card. 9
(2) Before cancelling the handler's identity card, the 10
chief executive, approved trainer or approved 11
training institution must give the handler a notice 12
stating the following-- 13
(a) that the chief executive, trainer or institution 14
proposes to cancel the card; 15
(b) the grounds for the proposed cancellation; 16
(c) an outline of the facts and circumstances 17
forming the basis for the grounds; 18
(d) that the handler may give the chief 19
executive, trainer or institution, within a 20
stated period (the show cause period), 21
written representations from the handler or 22
an approved trainer or approved training 23
institution about why the card should not be 24
cancelled. 25
(2) Section 48(4)-- 26
omit, insert-- 27
(4) The chief executive, approved trainer or approved 28
training institution must consider all written 29
representations given under subsection (2)(d) 30
within the show cause period. 31
(3) Section 48(5), 'chief executive' first mention-- 32
omit, insert-- 33
Page 16
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 27]
chief executive, approved trainer or approved training 1
institution 2
(4) Section 48(5), 'chief executive' second mention-- 3
omit, insert-- 4
chief executive, trainer or institution 5
Clause 27 Amendment of s 49 (Voluntary surrender of handler's 6
identity card) 7
Section 49, 'written'-- 8
omit. 9
Clause 28 Omission of s 50 (Replacement of handler's identity card) 10
Section 50-- 11
omit. 12
Clause 29 Amendment of s 51 (Return of handler's identity card) 13
(1) Section 51(1)-- 14
omit, insert-- 15
(1) If a handler's identity card is cancelled, the 16
handler must, unless the handler has a reasonable 17
excuse, return the card to the person or entity that 18
cancelled it within 1 month after its cancellation. 19
Maximum penalty--2 penalty units. 20
(1A) A handler must return the handler's identity card 21
to the chief executive within 1 month after the 22
following unless the handler has a reasonable 23
excuse-- 24
(a) the death or retirement of the guide, hearing 25
or assistance dog shown on the card; 26
(b) for an alternative handler's identity card-- 27
Page 17
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 30]
(i) the alternative handler no longer 1
supports the primary handler of the dog 2
to physically control it; or 3
(ii) the primary handler of the dog no 4
longer relies on the alternative handler 5
to physically control the dog. 6
Maximum penalty--2 penalty units. 7
(2) Section 51(2), definition retirement, after 'dog's'-- 8
insert-- 9
primary 10
(3) Section 51(1A) and (2)-- 11
renumber as section 51(2) and (3). 12
Clause 30 Amendment of s 56 (Issue of identity card for employee 13
trainer or puppy carer) 14
Section 56(2)(b), 'in a'-- 15
omit, insert-- 16
by 17
Clause 31 Replacement of s 68 (Reviewable decisions) 18
Section 68-- 19
omit, insert-- 20
68 Reviewable decisions 21
(1) A reviewable decision is-- 22
(a) a decision of the chief executive to-- 23
(i) impose conditions on an approval 24
under section 17; or 25
(ii) refuse to grant an approval under 26
section 17; or 27
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 32]
(iii) immediately suspend an approval 1
under section 26; or 2
(iv) cancel an approval under section 29; or 3
(v) immediately suspend a handler's 4
identity card under section 47; or 5
(vi) cancel a handler's identity card under 6
section 48; or 7
(b) a decision of an approved trainer or 8
approved training institution to-- 9
(i) refuse to issue a handler's identity card 10
under section 42; or 11
(ii) immediately suspend a handler's 12
identity card under section 47; or 13
(iii) cancel a handler's identity card under 14
section 48. 15
(2) For each decision mentioned in subsection (1), 16
the person who may seek to have the decision 17
reviewed under this part is the person (the 18
interested person) to whom the chief executive, 19
approved trainer or approved training institution 20
was required to give an information notice about 21
the decision. 22
Clause 32 Amendment of s 69 (Application for review) 23
Section 69(3), after 'chief executive', second mention-- 24
insert-- 25
or an approved trainer or approved training institution 26
Clause 33 Amendment of s 71 (Reviewed decision) 27
Section 71(2), 'the application'-- 28
omit, insert-- 29
an application about a decision of the chief executive 30
Page 19
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 34]
Clause 34 Amendment of s 74 (Purpose of pt 8) 1
Section 74, from 'for the purpose' to 'Act'-- 2
omit, insert-- 3
to investigate, monitor and enforce compliance with 4
this Act 5
Clause 35 Amendment of s 79 (Production or display of identity 6
card) 7
(1) Section 79(1), after 'to a person'-- 8
insert-- 9
in the person's presence 10
(2) Section 79(3), '83(2)'-- 11
omit, insert-- 12
84(2) 13
Clause 36 Replacement of s 83 (Power to enter places) 14
Section 83-- 15
omit, insert-- 16
83 General power to enter places 17
(1) An authorised officer may enter a place if-- 18
(a) an occupier of the place consents under 19
subdivision 2 to the entry and section 84(3) 20
has been complied with for the occupier; or 21
(b) it is a public place and the entry is made 22
when it is open to the public; or 23
(c) it is not a home and the entry is made when 24
the place is open for carrying on business or 25
otherwise open for entry; or 26
(d) the entry is authorised under a warrant and, 27
if there is an occupier of the place, section 28
84D has been complied with for the 1
Page 20
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 37]
occupier. 2
(2) If the power to enter arose only because an 3
occupier of the place consented to the entry, the 4
power is subject to any conditions of the consent 5
and ceases if the consent is withdrawn. 6
(3) If the power to enter is under a warrant, the 7
power is subject to the terms of the warrant. 8
Clause 37 Replacement of pt 8, div 3, sdiv 2 hdg (Procedure for 9
entry) 10
Part 8, division 3, subdivision 2 heading-- 11
omit, insert-- 12
Subdivision 2 Procedure for entry with 13
consent 14
Clause 38 Amendment of s 84 (Entry with consent) 15
(1) Section 84-- 16
insert-- 17
(1A) For the purpose of asking the occupier for the 18
consent, the authorised officer may, without the 19
occupier's consent or a warrant-- 20
(a) enter land around premises at the place to an 21
extent that is reasonable to contact the 22
occupier; or 23
(b) enter part of the place the officer reasonably 24
considers members of the public ordinarily 25
are allowed to enter when they wish to 26
contact an occupier of the place. 27
(2) Section 84(2)(a), after 'entry'-- 28
insert-- 29
, including the powers intended to be exercised 30
(3) Section 84(2)-- 1
Page 21
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 39]
insert-- 2
(c) that the consent may be given subject to 3
conditions and may be withdrawn at any 4
time. 5
(4) Section 84(4)-- 6
omit, insert-- 7
(4) The acknowledgement must state-- 8
(a) the purpose of the entry, including the 9
powers to be exercised; and 10
(b) the following has been explained to the 11
occupier-- 12
(i) the purpose of the entry, including the 13
powers intended to be exercised; 14
(ii) that the occupier is not required to 15
consent; 16
(iii) that the consent may be given subject 17
to conditions and may be withdrawn at 18
any time; and 19
(c) the occupier gives the authorised officer or 20
another authorised officer consent to enter 21
the place and exercise the powers; and 22
(d) the time and date the consent was given; and 23
(e) any conditions of the consent. 24
(5) Section 84(6)(b), 'subsection (4)'-- 25
omit, insert-- 26
subsection (5) 27
(6) Section 84(1A) to (6)-- 28
renumber as section 84(2) to (7) 29
Clause 39 Insertion of new part 8, div 3, sdiv 2A 1
Part 8, division 3-- 2
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 39]
insert-- 3
Subdivision 2A Entry under warrant 4
84A Application for warrant 5
(1) An authorised officer may apply to a magistrate 6
for a warrant for a place. 7
(2) The authorised officer must prepare a written 8
application that states the grounds on which the 9
warrant is sought. 10
(3) The written application must be sworn. 11
(4) The magistrate may refuse to consider the 12
application until the authorised officer gives the 13
magistrate all the information the magistrate 14
requires about the application in the way the 15
magistrate requires. 16
Example-- 17
The magistrate may require additional information 18
supporting the written application to be given by 19
statutory declaration. 20
84B Issue of warrant 21
(1) The magistrate may issue a warrant for the place 22
only if the magistrate is satisfied there are 23
reasonable grounds for suspecting that there is at 24
the place, or will be at the place within the next 7 25
days, a particular thing or activity that may 26
provide evidence of an offence against this Act. 27
(2) The warrant must state-- 28
(a) the place to which the warrant applies; and 29
(b) that a stated authorised officer or any 30
authorised officer may with necessary and 31
reasonable help and force-- 32
(i) enter the place and any other place 1
necessary for entry to the place; and 2
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 39]
(ii) exercise the officer's powers; and 3
(c) particulars of the offence that the magistrate 4
considers appropriate; and 5
(d) the name of the person suspected of having 6
committed the offence unless the name is 7
unknown or the magistrate considers it 8
inappropriate to state the name; and 9
(e) the hours of the day or night when the place 10
may be entered; and 11
(f) the magistrate's name; and 12
(g) the day and time of the warrant's issue; and 13
(h) the day, within 14 days after the warrant's 14
issue, the warrant ends. 15
84C Defect in relation to a warrant 16
A warrant is not invalidated by a defect in-- 17
(a) the warrant; or 18
(b) compliance with this subdivision; 19
unless the defect affects the substance of the 20
warrant in a material particular. 21
84D Procedure for entry under warrant 22
(1) This section applies if an authorised officer is 23
intending to enter a place under a warrant issued 24
under this subdivision. 25
(2) Before entering the place, the authorised officer 26
must do or make a reasonable attempt to do the 27
following things-- 28
(a) identify himself or herself to a person who is 29
an occupier of the place and is present by 30
producing the officer's identity card or 1
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 40]
another document evidencing the officer's 2
appointment; 3
(b) give the person a copy of the warrant; 4
(c) tell the person the officer is permitted by the 5
warrant to enter the place; 6
(d) give the person an opportunity to allow the 7
officer immediate entry to the place without 8
using force. 9
(3) However, the authorised officer need not comply 10
with subsection (2) if the officer believes on 11
reasonable grounds that entry to the place 12
without compliance is required to ensure the 13
execution of the warrant is not frustrated. 14
Clause 40 Amendment of s 85 (General powers after entering a 15
place) 16
(1) Section 85(1), after 'place'-- 17
insert-- 18
under section 83(1)(a), (c) or (d) 19
(2) Section 85(2)-- 20
omit, insert-- 21
(2) However, if the authorised officer enters under 22
section 83(1)(a) or (d), the powers under this 23
section are subject to any conditions of the 24
consent or terms of the warrant. 25
(3) Section 85(3)(b), 'photograph'-- 26
omit, insert-- 27
examine 28
(4) Section 85-- 29
insert-- 30
(5) In this section-- 31
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 41]
examine includes analyse, test, account, 1
measure, weigh, grade, gauge and identify. 2
film includes photograph, videotape and record 3
an image in another way. 4
inspect, a thing, includes open the thing and 5
examine its contents. 6
Clause 41 Amendment of s 88 (Power to require name and address) 7
Section 88(4)-- 8
omit, insert-- 9
(4) The authorised officer may also require the 10
person to give evidence of the correctness of the 11
stated name or address if, in the circumstances, it 12
would be reasonable to expect the person to-- 13
(a) be in possession of evidence of the 14
correctness of the stated name or address; or 15
(b) otherwise be able to give the evidence. 16
Clause 42 Insertion of new s 89A 17
After section 89-- 18
insert-- 19
89A General power to require information 20
(1) This section applies if an authorised officer 21
reasonably believes-- 22
(a) an offence against this Act has been 23
committed; and 24
(b) a person may be able to give information 25
about the offence. 26
(2) The authorised officer may, by notice given to 27
the person, require the person to give the officer 28
information related to the offence at a stated 29
reasonable time and place. 30
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 43]
(3) For information that is an electronic document, 1
compliance with the requirement requires the 2
giving of a clear image or written version of the 3
electronic document. 4
(4) In this section-- 5
information includes a document. 6
Clause 43 Amendment of s 90 (Power to require particular 7
information or inspect documents) 8
Section 90-- 9
insert-- 10
(3) For information that is an electronic document, 11
compliance with the requirement requires the 12
giving of a clear image or written version of the 13
electronic document. 14
Clause 44 Amendment of s 91 (Powers relating to production of 15
documents) 16
Section 91(1), 'section 90(1)(b)'-- 17
omit, insert-- 18
section 89A(2) or 90(1)(b) 19
Clause 45 Amendment of s 92 (Failure to give information or 20
produce or certify document) 21
Section 92(1) and (2)-- 22
omit, insert-- 23
(1) A person of whom a requirement is made under 24
section 89A(2) or 90 must comply with the 25
requirement unless the person has a reasonable 26
excuse. 27
Maximum penalty--50 penalty units. 28
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 46]
(2) It is a reasonable excuse for an individual not to 1
comply with a requirement under section 89A(2) 2
or 90 if complying with the requirement might 3
tend to incriminate the individual or expose the 4
individual to a penalty. 5
Clause 46 Amendment of s 94 (Compensation) 6
Section 94(1), 'subdivision 1'-- 7
omit, insert-- 8
subdivision 1, 2A 9
Clause 47 Omission of pt 10 (Advisory committee) 10
Part 10-- 11
omit. 12
Clause 48 Replacement of s 114 (Delegation by chief executive) 13
Section 114-- 14
omit, insert-- 15
114 Delegation by chief executive 16
The chief executive may delegate the chief executive's 17
powers under this Act to an appropriately qualified 18
public service employee. 19
Clause 49 Amendment of s 115 (Protecting officials from liability) 20
(1) Section 115, heading 'Protecting officials'-- 21
omit, insert-- 22
Protection 23
(2) Section 115(3), definition official, paragraph (d)-- 24
omit. 25
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 50]
Clause 50 Replacement of pt 12, div 2 hdg (Transitional provisions) 1
Part 12, division 2, heading-- 2
omit, insert-- 3
Division 2 Transitional provisions for 4
Act No. 4 of 2009 5
Clause 51 Insertion of new pt 12, div 3 6
Part 12-- 7
insert-- 8
Division 3 Transitional provisions for 9
Guide, Hearing and 10
Assistance Dogs 11
Amendment Act 2015 12
124 Applications to chief executive for handler's 13
identity card 14
(1) This section applies to an application for a 15
handler's identity card made under the 16
unamended Act, section 41 but not decided 17
before the commencement. 18
(2) The application must be dealt with under the 19
unamended Act. 20
(3) Despite subsection (2), the day of expiry for a 21
handler's identity card issued on the application 22
must not be more than 3 years after the day the 23
card is issued. 24
(4) In this section-- 25
unamended Act means this Act as in force before 26
the commencement. 27
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 52]
125 Term of current handler's identity cards 1
Despite section 44 as in force after the 2
commencement, the day of expiry of a handler's 3
identity card that is in effect immediately before the 4
commencement is the day of expiry stated on the card. 5
Clause 52 Amendment of sch 4 (Dictionary) 6
(1) Schedule 4, definitions advisory committee, certified guide, 7
hearing or assistance dog, handler, handler's identity card, 8
interested person and public place-- 9
omit. 10
(2) Schedule 4-- 11
insert-- 12
alternative handler, for a guide, hearing or 13
assistance dog, means a person who supports the 14
primary handler of the dog to physically control 15
the dog. 16
alternative handler's identity card means an 17
identity card, issued under this Act, showing a 18
person with a guide, hearing or assistance dog 19
that the person is able to physically control to 20
support the primary handler of the dog. 21
authorised officer means a person who holds 22
office under part 8 as an authorised officer. 23
certified guide, hearing or assistance dog means 24
a guide, hearing or assistance dog certified under 25
part 4. 26
handler, of a guide, hearing or assistance dog, 27
means a primary handler or an alternative handler 28
of the dog. 29
handler's identity card means a primary 30
handler's identity card or an alternative handler's 31
identity card. 32
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 52]
identity card, for a provision about authorised 1
officers, means an identity card issued under 2
section 78(1). 3
interested person see section 68(2). 4
notice means a written notice. 5
occupier, of a place, includes the following-- 6
(a) if there is more than 1 person who 7
apparently occupies the place--any 1 of the 8
persons; 9
(b) any person at the place who is apparently 10
acting with the authority of a person who 11
apparently occupies the place; 12
(c) if no-one apparently occupies the 13
place--any person who is an owner of the 14
place. 15
of, a place, includes at or on the place. 16
place includes the following-- 17
(a) premises; 18
(b) vacant land; 19
(c) a place in Queensland waters; 20
(d) a place held under more than 1 title or by 21
more than 1 owner; 22
(e) the land or water where a building or 23
structure, or a group of buildings or 24
structures, is situated. 25
premises includes-- 26
(a) a building or other structure; and 27
(b) a part of a building or other structure; and 28
(c) a caravan or vehicle; and 29
(d) a cave or tent; and 30
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Guide, Hearing and Assistance Dogs Amendment Bill 2015
Part 2 Amendment of Guide, Hearing and Assistance Dogs Act 2009
[s 52]
(e) premises held under more than 1 title or by 1
more than 1 owner. 2
primary handler, of a guide, hearing or 3
assistance dog, means a person with a disability 4
who relies on the dog to reduce the person's need 5
for support. 6
primary handler's identity card means an 7
identity card, issued under this Act, showing a 8
person with a disability who relies on a guide, 9
hearing or assistance dog with the dog that the 10
person relies on. 11
public place means a place, or part of the place-- 12
(a) the public is entitled to use, that is open to 13
members of the public or that is used by the 14
public, whether or not on payment of 15
money; or 16
(b) the occupier of which allows, whether or not 17
on payment of money, members of the 18
public to enter. 19
Examples of a public place-- 20
a beach, a restaurant, a shopping centre, a 21
showground 22
reasonably believes means believes on grounds 23
that are reasonable in the circumstances. 24
(3) Schedule 4, definition information notice, 'of the chief 25
executive'-- 26
omit. 27
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 32
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