New South Wales: Animal Research Act 1985 (NSW)

Animal Research Act 1985 No 123 An Act to protect the welfare of animals used in connection with animal research. Part 1 Preliminary 1 Name of Act This Act may be cited as the Animal Research Act 1985. 2 Commencement (1) Except as provided by subsection (2), this Act shall commence on the date of assent to this Act. (2) Parts 2–6 shall each commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette. 2A Object of Act (1) The object of this Act is to protect the welfare of animals used in connection with research by requiring persons or organisations carrying out animal research or supplying animals for research to be authorised under this Act and by regulating the carrying out of animal research and the supply of animals for research by those persons or organisations. (2) Authorisations under this Act may be granted only for recognised research purposes. Recognised research purposes include purposes involving the use of animals for research, teaching, testing and the production of biological products. 3 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— accredited research establishment means a corporation which is accredited as a research establishment under section 20. advisory committee means a committee appointed under section 8. animal means a vertebrate animal, and includes a mammal, bird, reptile, amphibian and fish, but does not include a human being. animal care and ethics committee means a committee appointed under section 13. animal research means any procedure, test, experiment, inquiry, investigation or study in connection with which an animal is used and, without limiting the generality of the foregoing, includes any procedure, test, experiment, inquiry, investigation or study in the course of which— (a) an animal is subjected to— (i) surgical, medical, psychological, biological, chemical or physical treatment, (ii) abnormal conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding, (iii) abnormal dietary conditions, or (iv) electric shock or radiation treatment, or (b) any material or substance is extracted or derived from the body of an animal, but does not include any procedure, test, experiment, inquiry, investigation or study which is carried out in the course of— (c) the administration of veterinary treatment to an animal for the purpose of protecting the welfare of the animal, or (d) the conduct of normal animal husbandry operations. animal research authority means an authority issued under section 25. animal supplier's licence means a licence issued under section 39. authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002. certificate of accreditation means a certificate of accreditation issued under section 20. certificate of identification means a certificate of identification issued under section 49. Chairperson means the Chairperson of the Panel. Code of Practice means the Code of Practice referred to in section 4. corporation includes— (a) a Public Service agency, and (b) any prescribed body of persons or body of persons of a prescribed class. Department means Regional NSW. designated land means— (a) in relation to an accredited research establishment—the land designated in the establishment's certificate of accreditation as the land in or on which it is intended that the business of animal research will be carried on by the establishment, (b) in relation to an animal research authority—the land designated in the authority as the land in or on which it is intended that the business of animal research will be carried on by the holder of the authority, or (c) in relation to an animal supplier's licence—the land designated in the licence as the land in or on which it is intended that the supply of animals for use in connection with animal research will be conducted by the holder of the licence. director, in relation to a corporation, means— (a) any person who holds office or acts as a director of the corporation (by whatever name called), or (b) any person who is concerned in the management of the corporation. Draize test means the animal research procedure involving the application of any material or substance to the eye of an animal for the purpose of determining the irritancy of that material or substance to the eye. exempt animal means— (a) any animal (including any animal that is in the wild) that belongs to the class of animals comprising cattle, horses, sheep, goats, pigs and poultry or that belongs to any other class of animals prescribed for the purposes of this paragraph, or (b) any other animal (including any native animal and any exotic animal) that is in the wild. fish has the same meaning as in the Fisheries Management Act 1994. forced smoke inhalation experimentmeans animal research in which an animal is forced to inhale smoke by— (a) the placement of the animal in an instrument of restraint, and (b) the administration of smoke directly to the animal's nose or head. forced swim test— (a) means animal research in which an animal, other than a fish, is— (i) placed in water, and (ii) forced to swim, as the animal is unable to escape or stand, and (b) does not include animal research that has the effect, or likely effect, of protecting or promoting the welfare of the animal on which the research is carried out. Example for paragraph (b)— Animal research involving hydrotherapy. inspector means an inspector appointed under section 49. land includes premises. LD50 test means the animal research procedure in which any material or substance is administered to animals for the purpose of determining the concentration or dose of the material or substance which will achieve any predetermined death rate. licensed animal supplier means the holder of an animal supplier's licence. Panel means the Animal Research Review Panel constituted by this Act. premises includes any structure, building, aircraft, vehicle, vessel or place (whether built upon or not) and any part thereof. product testing means the testing of a product intended to be used for therapeutic, cosmetic, agricultural, veterinary, industrial or household purposes, or such other purposes as may be prescribed by the regulations, and includes the testing of a constituent of the product. recognised research purpose means— (a) the purpose of acquiring, demonstrating or developing knowledge in the field of medical, veterinary, agricultural, behavioural or biological science, (b) the purpose of acquiring, demonstrating, exercising or developing techniques used in the practice of medical, veterinary, agricultural, behavioural or biological science, (c) the purpose of developing or testing substances intended for therapeutic use (within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth), or (d) any purpose prescribed for the purposes of this paragraph. regulation means a regulation made under this Act. Secretary means the Secretary of the Department. smoke includes— (a) aerosol or vapour produced by an e-cigarette, and (b) smoke produced by a cigarette or cigar. (2) In this Act, a reference to the carrying on of the business of animal research is a reference to the carrying on of any business or activity (whether or not for gain) in the course of which animal research is carried out. (3) In this Act, a reference to the supply of animals for use in connection with animal research includes a reference to the obtaining, breeding, nurturing or keeping of animals for the purpose of their being supplied for use in connection with animal research. (4) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. 4 Code of Practice (1) The regulations may prescribe a Code of Practice with respect to the conduct of animal research and the supply of animals for use in connection with animal research. (2) For the purposes of prescribing such a Code, the regulations may apply, adopt or incorporate by reference, wholly or in part and with or without modification, any standards, rules, codes, specifications or methods as in force at a particular time or as in force from time to time, prescribed or published by any authority or body, whether or not it is a New South Wales authority or body. 5 Act binds Crown This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, in all its other capacities. Part 2 The Animal Research Review Panel 6 The Panel (1) There is by this Act constituted the Animal Research Review Panel. (2) The Panel shall consist of 12 members appointed by the Minister, of whom— (a) 3 shall be persons (each having such qualifications as may be prescribed) nominated by the New South Wales Vice-Chancellors' Committee, (b) one shall be a person selected by the Minister from a panel of 3 persons (each having such qualifications as may be prescribed) nominated by Medicines Australia, (c) 2 shall be persons selected by the Minister from a panel of 5 persons (each having such qualifications as may be prescribed) nominated by the Royal Society for the Prevention of Cruelty to Animals, New South Wales, (d) 2 shall be persons selected by the Minister from a panel of 5 persons (each having such qualifications as may be prescribed) nominated by the Animal Societies' Federation (N.S.W.), (e) one shall be a person nominated by the Minister for Health, (f) one shall be a person nominated by the Minister for Education and Training, (g) one shall be a person nominated by the Minister administering the Biosecurity Act 2015, and (h) one shall be an officer of the Department of Climate Change, Energy, the Environment and Water nominated by the Minister administering the National Parks and Wildlife Act 1974. (3) Where, but for this subsection, the Minister would be unable to appoint a member of the Panel because of the failure of the relevant nominating body to nominate a person or panel of persons in accordance with the relevant paragraph of subsection (2)— (a) the Minister may appoint any duly qualified person to hold office as that member, and (b) the person so appointed shall be a member of the Panel and shall be deemed to have been appointed in accordance with that paragraph. (4) Where— (a) a body referred to in subsection (2) changes its name, and (b) the Minister is satisfied that the change of name is not accompanied by any change in the nature of the body, the Minister may, by order published in the Gazette, certify to that effect and, on and from the day on which the order is so published, a reference in subsection (2) to that body shall be read as a reference to that body under its changed name. (5) The Panel shall have and may exercise the functions conferred or imposed on it by or under this or any other Act. (6) Schedule 1 has effect with respect to the members of the Panel. (7) Schedule 2 has effect with respect to the procedure of the Panel. 7 Staff Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Panel to exercise its functions. Note— Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Panel makes use of) may be referred to as officers or employees, or members of staff, of the Panel. Section 47A of the Constitution Act 1902 precludes the Panel from employing staff. 8 Advisory committees (1) The Panel may, with the consent of the Minister, appoint such advisory committees as may be necessary to enable it to exercise its functions. (2) Subject to subsection (3), the constitution and procedure of an advisory committee shall be as prescribed. (3) At least one of the members of an advisory committee shall be a member of the Panel. 9 Functions of the Panel The Panel has the following functions— (a) the investigation of matters relating to the conduct of animal research and the supply of animals for use in connection with animal research, (b) the investigation and evaluation of the efficacy of the Code of Practice in regulating the conduct of animal research and the supply of animals for use in connection with animal research, (c) the investigation of applications and complaints referred to it under this Act, and (d) such other functions as the Minister may from time to time confer or impose on it. 10 Inspections (1) The Panel may at any time request the Secretary to cause an inspection to be made of the designated land of an accredited research establishment or of the designated land in relation to an animal research authority or animal supplier's licence. (2) The Panel may, by instrument in writing, authorise a member of the Panel to accompany an inspector during the conduct of an inspection referred to in subsection (1). 11 Annual reports (1) As soon as practicable after 30 June, but on or before 31 December, in each year, the Panel shall prepare and forward to the Minister a report of its work and activities for the 12 months ending on 30 June in that year. (1A) Without limiting subsection (1), the report must include the following information about applications made to the Panel under section 54C(4)(a)— (a) the number of applications made, (b) the number of applications approved, (c) the number of applications refused, (d) for each application approved— (i) the number of animals subject to the approval, and (ii) the length of the animal research project, and (iii) the reasons the relevant animal care and ethics committee was satisfied the project was justified to run for longer than 3 years, and (iv) the nature of the research. (2) The Minister shall lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report. 12 Delegation (1) The Panel may delegate to a person the exercise of any of its functions, other than this power of delegation. (2) A delegation under this section— (a) shall be in writing, (b) may be general or limited, and (c) may be revoked, wholly or partly, by the Panel. (3) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation. (4) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the Panel. (5) A delegation under this section does not prevent the exercise of a function by the Panel. (6) A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section. Part 3 Animal care and ethics committees 13 Constitution of animal care and ethics committees (1) A person may appoint an animal care and ethics committee. (2) If a corporation is accredited as a research establishment or a person is granted an animal supplier's licence, the animal care and ethics committee appointed by the person under subsection (1) becomes the animal care and ethics committee for the accredited research establishment or licensed animal supplier. (3) The Secretary may, on the recommendation of the Panel, appoint animal care and ethics committees for the purpose of supervising the animal research carried out by holders of animal research authorities. (4) Subject to subsection (5), the constitution and procedure of an animal care and ethics committee shall be as prescribed. (5) At least one of the members of an animal care and ethics committee shall be a person who— (a) is not involved in the conduct of animal research or the supply of animals for use in connection with animal research, and (b) is not associated with any accredited research establishment otherwise than in the person's capacity as a member of such a committee. 14 Functions of animal care and ethics committees (1) The animal care and ethics committee for an accredited research establishment has the following functions— (a) the making of recommendations concerning the granting of animal research authorities by the establishment, (b) the supervision of the carrying out of animal research by holders of animal research authorities granted by the establishment, and (c) such other functions as may be conferred or imposed on it by the Code of Practice. (1A) The animal care and ethics committee for a licensed animal supplier has the following functions— (a) the supervision of the supply of animals for use in connection with animal research by the animal supplier, and (b) such other functions as may be conferred or imposed on it by the Code of Practice. (1B) If a corporation is both an accredited research establishment and a licensed animal supplier, the animal care and ethics committee for the corporation has both the functions set out in subsection (1) and (1A). (2) An animal care and ethics committee appointed by the Secretary has the following functions— (a) the making of recommendations concerning the granting of animal research authorities by the Secretary, (b) the supervision of the carrying out of animal research by holders of animal research authorities granted by the Secretary, (c) such other functions as may be conferred or imposed on it by the Code of Practice. 15 Appointment of animal care and ethics subcommittees (1) An accredited research establishment or licensed animal supplier may, on the recommendation of the animal care and ethics committee for the establishment or supplier, appoint animal care and ethics subcommittees to assist the animal care and ethics committee in the exercise of its functions. (2) The constitution and procedure of an animal care and ethics subcommittee shall be as prescribed. 16 Functions of animal care and ethics subcommittees (1) The Code of Practice may empower an animal care and ethics committee to delegate specified functions to its animal care and ethics subcommittees. (2) An animal care and ethics subcommittee has such functions as may be delegated to it pursuant to subsection (1). Part 4 Accreditation and licensing Division 1 Interpretation 17 Definitions (1) In this Part— approved means approved for the time being by the Secretary. disqualified corporation means a corporation that— (a) has, within the previous 3 years, been convicted of an offence arising under Part 5 of this Act or Part 2 of the Prevention of Cruelty to Animals Act 1979, or (b) has a disqualified individual as one of its directors. disqualified individual means an individual who— (a) has, within the previous 3 years, been convicted of an offence arising under Part 5 of this Act or Part 2 of the Prevention of Cruelty to Animals Act 1979, or (a1) was the holder of an animal research authority or animal supplier's licence that was cancelled by the Secretary within the previous 12 months, or (b) is a director of a disqualified corporation. (2) In this Part, a reference to an animal care and ethics committee in relation to an animal research authority is a reference to the animal care and ethics committee specified in the authority. Division 2 Accreditation of research establishments 18 Applications for accreditation (1) A corporation may apply to the Secretary for accreditation as a research establishment. (2) An application shall— (a) be in or to the effect of the approved form, (b) include the prescribed particulars, (c) identify the land in or on which the applicant intends to carry on the business of animal research, (d) be accompanied by the prescribed fee, and (e) be lodged at the office of the Secretary. 19 Investigation of applications (1) The Secretary shall refer all applications to the Panel for investigation. (2) The Panel shall investigate each application referred to it and shall furnish the Secretary with a report on each such application. 20 Determination of applications (1) After considering the Panel's report on an application, the Secretary shall determine the application— (a) by accrediting the applicant as a research establishment, either unconditionally or subject to conditions, or (b) by refusing to accredit the applicant as a research establishment. (2) Notwithstanding subsection (1), the Secretary shall not accredit an applicant as a research establishment— (a) if the applicant does not have a duly constituted animal care and ethics committee, or (b) if the applicant is a disqualified corporation. (3) Where the Secretary refuses to accredit an applicant as a research establishment, the Secretary shall, as soon as practicable after so refusing, cause notice of the refusal, and of the reasons for the refusal, to be served on the applicant. (4) If, at the expiration of 90 days after an application has been made, the Secretary has failed to determine the application, the Secretary is, for the purposes only of any application to the Civil and Administrative Tribunal for an administrative review, taken to have refused to accredit the applicant as a research establishment. (5) The Secretary shall issue a certificate of accreditation to each corporation that the Secretary accredits as a research establishment. (6) A certificate of accreditation in respect of an accredited research establishment shall— (a) be in or to the effect of the approved form, (b) designate the land in or on which it is intended that the business of animal research will be carried on by the establishment, as identified in the application pursuant to which the establishment has been accredited, (c) specify any condition to which the accreditation is subject, and (d) specify the date on which the accreditation was granted. 21 Duration of accreditation (1) Unless sooner cancelled, an accreditation remains in force as follows— (a) if the research establishment has not been accredited before—12 months from the date on which the accreditation is granted, (b) if the research establishment has been accredited before and during the last period of accreditation the accreditation was cancelled or suspended—12 months from the date on which the accreditation is granted or such lesser period as the Secretary determines, (c) if the research establishment has been accredited before and paragraph (b) does not apply—36 months from the date on which the accreditation is granted. (2) Notwithstanding subsection (1), the accreditation of a research establishment has no force or effect during any period for which it is suspended. 22 Complaints (1) A complaint in respect of an accredited research establishment may be made to the Secretary— (a) that the establishment does not have a duly constituted animal care and ethics committee, (b) that animal research is being or has been carried out on behalf of the establishment— (i) by an individual who is not the holder of an animal research authority issued by the establishment, (ii) otherwise than with the approval, or in contravention of the directions, of the animal care and ethics committee for the establishment, (iii) in contravention of the Code of Practice, (iv) otherwise than for a recognised research purpose, or (v) in connection with animals (other than exempt animals) that have not been obtained from the holder of an animal supplier's licence, (c) that the establishment is a disqualified corporation, or (d) that the establishment has failed to comply with a condition to which its accreditation is subject, including a condition taken to be imposed under Part 6A. (2) A complaint shall— (a) be in writing, (b) specify the grounds on which it is made, (c) be signed by the complainant, and (d) be lodged at the office of the Secretary. 23 Investigation of complaints (1) The Secretary shall refer all complaints to the Panel for investigation. (2) The Panel shall investigate each complaint referred to it and shall furnish the Secretary with a report on each such complaint. 24 Determination of complaints (1) After considering the Panel's report on a complaint, the Secretary shall determine the complaint— (a) by cancelling the accreditation of the research establishment the subject of the complaint, (b) by suspending the accreditation of the research establishment the subject of the complaint for such period as the Secretary thinks fit, (c) by cautioning or reprimanding the research establishment the subject of the complaint, or (d) by dismissing the complaint. (2) The Secretary shall not cancel or suspend the accreditation of a research establishment unless— (a) notice has been served on the establishment— (i) of the Secretary's intention to cancel or suspend the accreditation, and (ii) of the reasons for which the Secretary intends to cancel or suspend the accreditation, (b) the establishment has had a reasonable opportunity to make submissions to the Secretary in relation to the intended cancellation or suspension of the accreditation, and (c) the Secretary has considered any such submission. (3) As soon as practicable after determining a complaint, the Secretary shall cause written notice of the determination to be served on— (a) the research establishment the subject of the complaint, and (b) the complainant. (4) The cancellation or suspension of accreditation of a research establishment takes effect at the expiration of 14 days after written notice of the cancellation or suspension is served on the establishment, subject to any order made by the Civil and Administrative Tribunal under Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997. Division 3 Animal research authorities 25 Authorities may be issued by Secretary and accredited research establishments (1) The Secretary or an accredited research establishment may issue an authority to any individual to carry out animal research for the purpose of a particular research project. (2) The Secretary may issue an animal research authority only on the recommendation of an animal care and ethics committee. (3) An accredited research establishment may issue an animal research authority only on the recommendation of its animal care and ethics committee. (4) An animal research authority is not to be issued to a disqualified individual. 25A Application to Secretary (1) An individual may apply to the Secretary for an animal research authority. (2) The application must— (a) be in or to the effect of the approved form, and (b) include such particulars of the research project in connection with which the animal research is to be carried out as may be prescribed by the regulations, and (c) include particulars of any application made to an accredited research establishment for an animal research authority in respect of the same project and of any refusal of such an application, and (d) identify the land in or on which the applicant intends to carry out the animal research, and (e) include particulars of any cancellation of any animal research authority or animal supplier's licence previously held by the applicant, and (f) be accompanied by the fee prescribed by the regulations, and (g) be lodged at the office of the Secretary. (3) Subject to section 25, the Secretary is to determine an application— (a) by issuing the authority to the applicant, or (b) by refusing to issue an authority to the applicant. (4) If the Secretary refuses to issue an authority, the Secretary is, as soon as practicable after so refusing, to cause notice of the refusal, and of the reasons for the refusal, to be served on the applicant for the authority. (5) If, at the expiration of 90 days after an application has been made, the Secretary has failed to determine the application, the Secretary is, for the purposes only of any application to the Civil and Administrative Tribunal for an administrative review, taken to have refused to grant an authority to the applicant. 25B Applications to accredited research establishments (1) An individual may apply to an accredited research establishment for an animal research authority. (2) The application must— (a) include such particulars of the research project in connection with which the animal research is to be carried out as may be prescribed by the regulations, and (b) include particulars of any application made to the Secretary or another accredited research establishment for an animal research authority in respect of substantially the same project and any refusal of such an application, and (c) identify the land in or on which the applicant intends to carry out the animal research, and (d) include particulars of any cancellation of any animal research authority or animal supplier's licence previously held by the applicant, and (e) otherwise be made in the form and manner approved by the accredited research establishment. (3) Subject to section 25, an accredited research establishment may determine an application by issuing an animal research authority or refusing to issue an animal research authority. 25C Applications by independent researchers (1) An accredited research establishment may charge a fee in respect of an application for an animal research authority (including an application for renewal of an animal research authority) that is made by an independent researcher. (2) The maximum fee that may be charged is the amount prescribed by the regulations as the maximum application fee. (3) An accredited research establishment must ensure that a record is kept for the period prescribed by the regulations that includes the particulars prescribed by the regulations of all applications for animal research authorities that are made to it by independent researchers during each reporting period. Maximum penalty—30 penalty units. (4) An accredited research establishment that makes a record under this section must give a copy of the record to the Secretary within one month after the end of the reporting period to which the record relates. Maximum penalty—30 penalty units. (5) In this section— independent researcher, in relation to an accredited research establishment, means a person who carries out animal research, or applies for an authority to carry out animal research, otherwise than on behalf of the accredited research establishment. reporting period means the period commencing on the commencement of this section and ending on 31 December in the same year and each subsequent period of 12 months. 26 Form of authorities (1) An animal research authority shall— (a) be in or to the effect of the approved form, (b) identify the person who issued the authority, (c) identify the person to whom the authority is issued, (c1) designate the land in or on which it is intended that the business of animal research will be carried on by the person, (d) describe the kind of animal research which the authority authorises the person to carry out and the research project in connection with which the person is authorised to carry out animal research, (d1) specify the animal care and ethics committee under whose supervision the individual is authorised to carry out animal research, (d2) specify any conditions to which the authority is subject, and (e) specify the date on which the authority is issued. (2) An animal research authority shall not authorise, or purport to authorise, the carrying out of animal research otherwise than— (a) with the approval, and in accordance with the directions, of the animal care and ethics committee specified in the authority, (b) in accordance with the Code of Practice, (c) for a recognised research purpose, and (d) in connection with animals (other than exempt animals) that have been obtained from the holder of an animal supplier's licence. (2A) An animal research authority must not authorise, or purport to authorise, the carrying out of— (a) a forced smoke inhalation experiment, or (b) a forced swim test. (3) Without limiting subsection (2), an animal research authority shall not authorise, or purport to authorise, the carrying out of the LD50 test for the purpose of product testing, or the carrying out of the Draize test, except with the approval, and in accordance with the directions, of the animal care and ethics committee specified in the authority, given in accordance with subsection (4). (4) An animal care and ethics committee shall not approve the carrying out, by the holder of an animal research authority, of— (a) the LD50 test for the purpose of product testing, except with the concurrence of the Minister, given on a recommendation for concurrence by the Panel, to the carrying out of the test for that purpose, or (b) the Draize test, unless the test is to be carried out for the sole purpose of establishing that prophylactic or therapeutic materials or substances ordinarily intended for use by application to the eye are not irritants to the eye. (5) An application for the concurrence of the Minister under this section shall be made by the holder of the animal research authority in the form and manner determined by the Secretary. (6) The Minister shall refer the application to the Panel which shall, as soon as practicable, recommend to the Minister whether concurrence should be granted, unconditionally or subject to conditions, or refused. (7) In considering the application, the Minister and the Panel shall have regard to the Code of Practice. (8) The Minister may grant concurrence under subsection (4) unconditionally or subject to conditions and may impose conditions in addition to any recommended by the Panel. 27 Duration of authorities Unless sooner cancelled, an animal research authority remains in force for the period of 12 months from the date on which it was issued or, where a shorter period is specified in the authority in that regard, for the shorter period so specified. 28 Complaints (1) The following complaints about the holder of an animal research authority may be made to the Secretary— (a) that the holder of the authority is carrying out or has carried out animal research— (i) otherwise than as authorised by the authority, or (ii) otherwise than with the approval, or in contravention of the directions, of the animal care and ethics committee specified in the authority, or (iii) in contravention of the Code of Practice, or (iv) otherwise than for a recognised research purpose, or (v) in connection with animals (other than exempt animals) that have not been obtained from a licensed animal supplier, (b) that the holder of the authority is a disqualified individual, (c) that the holder of the authority has failed to comply with a condition to which the authority is subject, including a condition taken to be imposed under Part 6A. (2) A complaint must— (a) be in writing, and (b) specify the grounds on which it is made, and (c) be signed by the complainant, and (d) be lodged at the office of the Secretary. 28A Investigation of complaints (1) The Secretary is to refer all complaints to the Panel for investigation. (2) The Panel is to investigate each complaint referred to it and furnish a report to the Secretary on each such complaint. 28B Determination of complaints (1) After considering a report furnished in respect of a complaint, the Secretary is to determine the complaint— (a) by cancelling the authority the subject of the complaint, or (b) by suspending the authority the subject of the complaint for such period as the Secretary thinks fit, or (c) by cautioning or reprimanding the holder of the authority the subject of the complaint, or (d) by dismissing the complaint. (2) The Secretary is not to cancel or suspend an authority unless— (a) notice has been served on the holder of the authority— (i) of the Secretary's intention to cancel or suspend the authority, and (ii) of the reasons for which the Secretary intends to cancel or suspend the authority, and (b) the holder of the authority has had a reasonable opportunity to make submissions to the Secretary in relation to the intended cancellation or suspension of the authority, and (c) the Secretary has considered any such submission. (3) As soon as practicable after determining a complaint, the Secretary is to cause written notice of the determination to be served on— (a) the holder of the authority the subject of the complaint, and (b) the complainant. (4) The cancellation or suspension of accreditation of an authority takes effect at the expiration of 14 days after written notice of the cancellation or suspension is served on the holder of the authority, subject to any order made by the Civil and Administrative Tribunal under Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997. (5) For avoidance of doubt, an authority may be cancelled or suspended by the Secretary under this section whether or not the Secretary issued the authority. (6) As soon as practicable after cancelling an authority, the Secretary is to cause notice of the cancellation to be given to each accredited research establishment. 28C Cancellation of authority by research establishment An animal research authority that was issued by an accredited research establishment may be cancelled at any time by the accredited research establishment. Division 4 29–36 (Repealed) Division 5 Animal suppliers' licences 37 Applications for licences (1) A person may apply to the Secretary for an animal supplier's licence. (2) An application shall— (a) be in or to the effect of the approved form, (b) include the prescribed particulars, (c) identify the land (being land occupied or to be occupied by the applicant) in or on which the applicant intends to conduct the supply of animals for use in connection with animal research, (d) be accompanied by the prescribed fee, and (e) be lodged at the office of the Secretary. 38 Investigation of applications (1) The Secretary shall refer all applications to the Panel for investigation. (2) The Panel shall investigate each application referred to it and shall furnish the Secretary with a report on each such application. 39 Determination of applications (1) After considering the Panel's report on an application, the Secretary shall determine the application— (a) by granting a licence to the applicant, either unconditionally or subject to conditions, or (b) by refusing to grant a licence to the applicant. (2) Despite subsection (1), the Secretary is not to grant an animal supplier's licence to an applicant— (a) if the applicant does not have a duly constituted animal care and ethics committee, or (b) if the applicant is a disqualified individual or a disqualified corporation. (3) Where the Secretary refuses to grant a licence, the Secretary shall, as soon as practicable after so refusing, cause notice of the refusal, and of the reasons for the refusal, to be served on the applicant for the licence. (4) If, at the expiration of 90 days after an application has been made, the Secretary has failed to determine the application, the Secretary is, for the purposes only of any application to the Civil and Administrative Tribunal for an administrative review, taken to have refused to grant a licence to the applicant. 40 Form of licences (1) An animal supplier's licence shall— (a) be in or to the effect of the approved form, (b) identify the person to whom the licence is granted, (c) designate the land in or on which it is intended that the supply of animals for use in connection with animal research will be conducted by the person, as identified in the application pursuant to which the person has been granted the licence, (d) describe the kind of animals which the licence authorises the person to supply, (e) specify any condition to which the licence is subject, and (f) specify the date on which the licence is granted. (2) An animal supplier's licence is not to authorise, or purport to authorise, the supply of animals otherwise than— (a) with the approval, and in accordance with the directions, of the animal care and ethics committee for the animal supplier, and (b) in accordance with the Code of Practice. 41 Duration of licences (1) Unless sooner cancelled, an animal supplier's licence remains in force for the period of 36 months from the date on which it was granted or, where a shorter period is specified in the licence in that regard, for the shorter period so specified. (2) Notwithstanding subsection (1), an animal supplier's licence has no force or effect during any period for which it is suspended. 42 Complaints (1) A complaint in respect of an animal supplier's licence may be made to the Secretary— (aa) that the holder of the licence does not have a duly constituted animal care and ethics committee, (a) that the holder of the licence is supplying or has supplied animals for use in connection with animal research— (i) otherwise than as authorised by the licence, or (ia) otherwise than with the approval, or in contravention of the directions, of the animal care and ethics committee for the animal supplier, or (ii) in contravention of the Code of Practice, (b) that the holder of the licence is a disqualified individual or a disqualified corporation, or (c) that the holder of the licence has failed to comply with a condition to which the licence is subject. (2) A complaint shall— (a) be in writing, (b) specify the grounds on which it is made, (c) be signed by the complainant, and (d) be lodged at the office of the Secretary. 43 Investigation of complaints (1) The Secretary shall refer all complaints to the Panel for investigation. (2) The Panel shall investigate each complaint referred to it and shall furnish a report to the Secretary on each such complaint. 44 Determination of complaints (1) After considering a report furnished in respect of a complaint, the Secretary shall determine the complaint— (a) by cancelling the licence the subject of the complaint, (b) by suspending the licence the subject of the complaint for such period as the Secretary thinks fit, (c) by cautioning or reprimanding the holder of the licence the subject of the complaint, or (d) by dismissing the complaint. (2) The Secretary shall not cancel or suspend a licence unless— (a) notice has been served on the holder of the licence— (i) of the Secretary's intention to cancel or suspend the licence, and (ii) of the reasons for which the Secretary intends to cancel or suspend the licence, (b) the holder of the licence has had a reasonable opportunity to make submissions to the Secretary in relation to the intended cancellation or suspension of the licence, and (c) the Secretary has considered any such submission. (3) As soon as practicable after determining a complaint, the Secretary shall cause written notice of the determination to be served on— (a) the holder of the licence the subject of the complaint, and (b) the complainant. (4) The cancellation or suspension of a licence takes effect— (a) except as provided by paragraph (b)—at the expiration of 14 days after written notice of the cancellation or suspension is served on the holder of the licence, or (b) where an appeal is made before the expiration of the period referred to in paragraph (a)—when the appeal is withdrawn or otherwise finally disposed of. Division 6 Administrative reviews by Civil and Administrative Tribunal 45 Applications to Civil and Administrative Tribunal for administrative review of determination (1) Any person who is dissatisfied with a determination of the Secretary under this Part that affects the person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the determination. (2) An application to the Tribunal is to be made within 28 days after written notice of the determination of the Secretary is served on the person or, if the application relates to a failure to determine an application under this Part within 90 days after the application was made, within 28 days after the expiration of that 90 day period. Part 5 Offences 46 Unlawfully carrying on the business of animal research (1) A corporation shall not carry on the business of animal research unless the corporation is an accredited research establishment. Maximum penalty—160 penalty units. Note— An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 58. (2) An individual shall not carry on the business of animal research unless the individual is the holder of an animal research authority. Maximum penalty—30 penalty units or imprisonment for 12 months, or both. (3) An individual does not contravene subsection (2) by reason only that the individual carries on the business of animal research as an employee of an accredited research establishment. 47 Unlawfully carrying out animal research (1) An individual shall not carry out animal research unless the individual is the holder of an animal research authority. Maximum penalty—20 penalty units or imprisonment for 12 months, or both. (2) The holder of an animal research authority shall not carry out animal research— (a) otherwise than as authorised by the authority, or (b) otherwise than with the approval, and in accordance with the directions, of the animal care and ethics committee specified in the authority. Maximum penalty—30 penalty units or imprisonment for 12 months, or both. (3) Without limiting subsection (2), a person must not carry out either of the following— (a) a forced swim test, (b) a forced smoke inhalation experiment. Maximum penalty—30 penalty units or imprisonment for 12 months, or both. (3) (Repealed) 47A Keeping animals with intention of using them for animal research (1) A person must not keep any animals with the intention of using them in connection with animal research unless the person is an authorised person. Maximum penalty—30 penalty units. Note— An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 58. (2) In proceedings for an offence against this section, evidence that a person who kept animals (other than exempt animals)— (a) kept the animals on premises containing any equipment, material or substance used in relation to the conduct of animal research, or (b) was receiving or was about to receive any fee or reward for animal research conducted or to be conducted by or on behalf of the person, is evidence that the person kept the animals with the intention of using them in relation to the conduct of animal research. (3) In this section, authorised person means an accredited research establishment, the holder of an animal research authority or a licensed animal supplier. 48 Unlawfully supplying animals for use in connection with animal research (1) A person shall not supply animals (other than exempt animals) for use in connection with animal research unless the person is the holder of an animal supplier's licence. Maximum penalty—160 penalty units in the case of a corporation and 30 penalty units or imprisonment for 12 months, or both, in the case of an individual. (2) The holder of an animal supplier's licence shall not supply animals for use in connection with animal research otherwise than as authorised by the licence. Maximum penalty—160 penalty units in the case of a corporation and 30 penalty units or imprisonment for 12 months, or both, in the case of an individual. (3) In proceedings for an offence against this section, it is to be presumed, in the absence of evidence to the contrary adduced by the person charged with the offence, that a person who obtained, bred, nurtured or kept animals (other than exempt animals) did so for the purpose of their being supplied for use in connection with animal research if it is proved that the person was receiving or was about to receive any fee or reward for the supply of animals for use in connection with animal research. Note— An offence against subsection (1) or (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 58. Part 6 Inspectors 49 Appointment etc of inspectors (1) The Secretary may appoint a Public Service employee to be an inspector for the purposes of this Act. (2) An inspector shall be a person who is a veterinary practitioner (within the meaning of the Veterinary Practice Act 2003) and who has such other qualifications as may be prescribed. (3) An inspector shall have and may exercise the functions conferred or imposed on inspectors by or under this Act. (4) The Secretary shall cause each inspector to be issued with a certificate of identification. (5) An inspector's certificate of identification shall be in or to the effect of the prescribed form. 50 Powers of inspectors (1) An inspector may exercise any one or more of the following powers— (a) the inspector may enter the designated land of an accredited research establishment or the designated land in relation to an animal research authority or animal supplier's licence, (b) the inspector may search and inspect that land for the presence of— (i) any animal used in relation to the conduct of animal research or supplied or to be supplied for use in connection with animal research, (ii) any equipment, material or substance used in relation to the conduct of animal research or the supply of animals for use in connection with animal research, or (iii) any document relating to the conduct of animal research or the supply of animals for use in connection with animal research, (c) the inspector may examine— (i) any animal used in relation to the conduct of animal research or supplied or to be supplied for use in connection with animal research, (ii) any equipment, material or substance used in relation to the conduct of animal research or the supply of animals for use in connection with animal research, or (iii) any document relating to the conduct of animal research or the supply of animals for use in connection with animal research, found in or on that land, (d) the inspector may take (without payment) a quantity not exceeding— (i) one kilogram, or (ii) such greater quantity as is reasonable in the circumstances (the onus of establishing which lies on the inspector), of any material or substance found in or on that land, being a material or substance used in relation to the conduct of animal research or the supply of animals for use in connection with animal research, (e) the inspector may take copies of, or extracts or notes from, any document found in or on that land, being a document relating to the conduct of animal research or the supply of animals for use in connection with animal research, (f) the inspector may require any person found in or on that land to produce— (i) any animal used in relation to the conduct of animal research or supplied or to be supplied for use in connection with animal research, (ii) any equipment, material or substance used in relation to the conduct of animal research or the supply of animals for use in connection with animal research, or (iii) any document relating to the conduct of animal research or the supply of animals for use in connection with animal research, which is in the possession or under the control of that person. (2) A person shall not fail to comply with a requirement made by an inspector under subsection (1) (f). Maximum penalty—30 penalty units. (3) An inspector may exercise any power conferred by subsection (1)— (a) at any time (whether by day or by night), and (b) whether or not accompanied by a member of the Panel who is authorised in that behalf under section 10 (2). (4) Subsection (1) does not authorise the exercise of any power conferred by that subsection in or on any part of land used for residential purposes or in relation to any person found in or on any such part of land. (5) In exercising in or on any land any power conferred by subsection (1), an inspector— (a) shall, if required to do so by a person apparently occupying the land, produce to that person the inspector's certificate of identification, and (b) shall, as far as practicable, avoid doing any act which is likely to impede the conduct of animal research or the supply of animals for use in connection with animal research being lawfully carried out in or on the land. 51 Search warrants (1) An inspector may apply to an authorised officer for a search warrant if the inspector has reasonable grounds for believing that a provision of this Act or the regulations is being or has been contravened in or on any premises. (2) An authorised officer to whom an application is made under subsection (1) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant— (a) to enter the premises, and (b) to search the premises for, and to seize, anything which may constitute evidence of a contravention of this Act or the regulations. (3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section. (4) Without limiting the generality of section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002, a member of the police force may accompany an inspector executing a search warrant under this section and take all reasonable steps to assist the inspector in the exercise of the inspector's functions under this Act. 51A Seizure of animals (1) An inspector, who is of the opinion that an offence against this Act or the regulations has been or is about to be committed in respect of one or more animals, may— (a) take possession of the animal or animals, and (b) remove the animal or animals to such place as the inspector thinks fit, and (c) retain possession of the animal or animals— (i) for a period not exceeding 30 days from the date on which the inspector takes possession of the animal or animals, or (ii) if proceedings are commenced during that 30-day period in respect of the offence, until the proceedings are finally determined unless the court before which the proceedings are being heard otherwise directs. (2) If an inspector has taken possession of an animal or animals under this section, the inspector may apply to the court before which the proceedings for the offence are commenced for an order for the disposal of the animal or animals concerned before the proceedings are finally determined. (3) The court to which the application is made may— (a) order that the animal or animals be sold or otherwise disposed of in such manner as the court considers appropriate in the circumstances, and (b) direct that the proceeds of the sale or other disposal be held in trust pending the determination of the proceedings for the offence and the further order of the court, and (c) make such other orders as the court considers appropriate. (4) The reasonable expenses incurred by an inspector in the exercise of powers under this section in respect of an animal or animals may be recovered from the owner of the animal or animals as a debt in a court of competent jurisdiction by the inspector or any other person acting on behalf of the Crown. (5) Compensation is not recoverable against any person in respect of the retention or disposal of an animal under this section. 52 Inspectors may demand name and address (1) An inspector who finds a person— (a) who is committing an offence against this Act or the regulations, or (b) whom the inspector suspects, on reasonable grounds, of having committed or attempted to commit such an offence, may require that person to inform the inspector forthwith of that person's full name and residential address. (2) A person shall not fail to comply with a requirement made by an inspector under subsection (1). Maximum penalty—20 penalty units. (3) A person is not guilty of an offence under this section unless it is established that the inspector— (a) warned the person that failure to comply with the requirement is an offence, and (b) identified himself or herself to the person as an inspector. 53 Obstruction of inspectors A person shall not assault, delay, obstruct, hinder or impede an inspector in the exercise of the inspector's functions under this Act. Maximum penalty—30 penalty units. 54 Impersonation of inspectors A person shall not— (a) forge or counterfeit any certificate of identification, (b) make use of any forged or counterfeited certificate of identification, or (c) impersonate, or pretend to be, an inspector. Maximum penalty—30 penalty units. Part 6A Rehoming 54A Definitions In this Part— animal rescue organisation includes an animal shelter, foster carer or foster care network that provides temporary care for an animal for the purpose of finding a new home for the animal. authorised person means the following— (a) an accredited research establishment, (b) the holder of an animal research authority. rehome means giving an animal to— (a) a suitable individual, or (b) an animal rescue organisation. relevant animal means a dog or a cat. suitable individual means an individual who— (a) agrees to provide an animal with a home and appropriate care, and (b) agrees to not keep the animal for animal research, and (c) meets criteria prescribed by the regulations for the purpose of this definition. 54B Preparing animals for rehoming An authorised person must, over the period a relevant animal is kept by the person for animal research, take reasonable steps to ensure that the animal is prepared for rehoming, including by providing the following as appropriate for an animal of the species, breed and age of the animal— (a) exercise, (b) environmental enrichment, (c) socialisation, handling and basic training. 54C Rehoming animals after research (1) An authorised person who keeps a relevant animal for animal research must take all reasonable steps to rehome the animal on the occurrence of the first of the following— (a) the animal ceases to be used by the authorised person for animal research, (b) the animal has been kept by 1 or more authorised persons for animal research for a total of 3 years. Maximum penalty—30 penalty units. (2) For the purpose of subsection (1), reasonable steps include giving the following information about the relevant animal to a suitable individual or an animal rescue organisation who may be able to rehome the animal— (a) the animal's species, breed, age, weight and gender, (b) a description of the animal's general health, physical condition and temperament, (c) whether or not the animal is desexed, (d) whether or not the animal is microchipped and, if so, the microchip number, (e) the date the animal was last vaccinated and wormed, (f) the medications the animal is currently taking, (g) other information prescribed by the regulations. (3) The information may be given under subsection (2) by a database maintained by the Department for the purposes of rehoming animals kept for animal research. (4) Subsection (1)(b) does not apply to an authorised person who keeps an animal for animal research if— (a) on application from the authorised person, the Panel approves the keeping of the animal for research for longer than 3 years, and (b) the authorised person complies with any conditions of the approval. (5) An application for approval under subsection (4)(a) must not be made without the approval of the animal care and ethics committee supervising the research project. (6) The animal care and ethics committee must not give approval unless— (a) the committee is satisfied