Animal Research Act 1985 No 123
Current version for 1 January 2014 to date (accessed 20 December 2014 at 02:10)
Part 4Division 3

Division 3 Animal research authorities

25   Authorities may be issued by Director-General and accredited research establishments

(1)  The Director-General 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 Director-General 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 Director-General

(1)  An individual may apply to the Director-General 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 Director-General.
(3)  Subject to section 25, the Director-General 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 Director-General refuses to issue an authority, the Director-General 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 Director-General has failed to determine the application, the Director-General 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 Director-General 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 Director-General 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.
(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 Director-General.
(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 Director-General:
(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.
(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 Director-General.

28A   Investigation of complaints

(1)  The Director-General 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 Director-General on each such complaint.

28B   Determination of complaints

(1)  After considering a report furnished in respect of a complaint, the Director-General 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 Director-General 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 Director-General is not to cancel or suspend an authority unless:
(a)  notice has been served on the holder of the authority:
(i)  of the Director-General’s intention to cancel or suspend the authority, and
(ii)  of the reasons for which the Director-General intends to cancel or suspend the authority, and
(b)  the holder of the authority has had a reasonable opportunity to make submissions to the Director-General in relation to the intended cancellation or suspension of the authority, and
(c)  the Director-General has considered any such submission.
(3)  As soon as practicable after determining a complaint, the Director-General 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 Director-General under this section whether or not the Director-General issued the authority.
(6)  As soon as practicable after cancelling an authority, the Director-General 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.
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