Animal Research Act 1985 No 123
Current version for 1 January 2014 to date (accessed 26 November 2014 at 12:23)
Part 2

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 for Primary Industries, and
(h)  one shall be an officer of the National Parks and Wildlife Service 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 of the Panel

(1)  Such staff as may be necessary to enable the Panel to exercise its functions shall be employed under the Public Service Act 1979.
(2)  The Panel may:
(a)  with the approval of the Minister, and
(b)  on such terms and conditions as may be approved by the Public Service Board,
arrange for the use of the services of any staff or facilities of a government department, administrative office or public authority.
(3)  The Panel may:
(a)  for any purpose approved by the Minister, and
(b)  on such terms and conditions as may be approved by the Public Service Board,
employ such casual staff as may be required by the Panel in exercising its functions.
(4)  The Public Service Act 1979 does not apply to or in respect of the employment of casual staff under subsection (3) and a person is not, as a member of that casual staff, subject to that Act.

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 Director-General 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.
(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.
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