Animal Research Act 1985 No 123
Current version for 1 January 2014 to date (accessed 28 November 2014 at 19:28)
Part 7

Part 7 Supplementary

55   False or misleading information

A person shall not, in or in relation to any application under this Act or in purported compliance with any requirement under this Act, make any statement or furnish any information that is false or misleading in a material particular.

Maximum penalty: 30 penalty units.

56   Disclosure of information

A person shall not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made:
(a)  with the consent of the person from whom the information was obtained,
(b)  in connection with the administration or execution of this Act,
(c)  for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings,
(d)  in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e)  with other lawful excuse.

Maximum penalty: 30 penalty units.

56A   Approval of lethality tests

(1)  An accredited research establishment must ensure that a record is kept for the period prescribed by the regulations, being a record that includes the particulars prescribed by the regulations, of all lethality tests that are approved by its animal care and ethics committee, or by a subcommittee of the committee, during each reporting period.

Maximum penalty: 30 penalty units.

(2)  An accredited research establishment that makes a record under this section must give a copy of the record to the Panel within one month after the end of the reporting period to which the record relates.

Maximum penalty: 30 penalty units.

(3)  The Panel may cause any information contained in a record provided to it under this section (other than the name of the accredited research establishment that provided it) to be made available to the public.
(4)  In this section:

lethality test means an animal research procedure in which any material or substance is administered to animals for the purpose of determining whether any animals will die or how many animals will die.

reporting period means the period commencing on the commencement of this section and ending on 31 December in the same year and each period of 12 months thereafter.

57   Proceedings for offences

(1)  Proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.
(2)  Proceedings of the kind referred to in subsection (1) shall not be instituted except by the Director-General or a person duly authorised by the Director-General in that behalf, either generally or in a particular case.

58   Liability of directors etc for offences by corporation—offences attracting executive liability

(1)  For the purposes of this section, an executive liability offence is an offence against any of the following provisions of this Act that is committed by a corporation:
(a)  section 46 (1),
(b)  section 47A (1),
(c)  section 48 (1) or (2).
(2)  A person commits an offence against this section if:
(a)  a corporation commits an executive liability offence, and
(b)  the person is:
(i)  a director of the corporation, or
(ii)  an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the executive liability offence, and
(c)  the person:
(i)  knows or ought reasonably to know that the executive liability offence (or an offence of the same type) would be or is being committed, and
(ii)  fails to take all reasonable steps to prevent or stop the commission of that offence.

Maximum penalty: The maximum penalty for the executive liability offence if committed by an individual.

(3)  The prosecution bears the legal burden of proving the elements of the offence against this section.
(4)  The offence against this section can only be prosecuted by a person who can bring a prosecution for the executive liability offence.
(5)  This section does not affect the liability of the corporation for the executive liability offence, and applies whether or not the corporation is prosecuted for, or convicted of, the executive liability offence.
(6)  This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are accessories to the commission of the executive liability offence or are otherwise concerned in, or party to, the commission of the executive liability offence.
(7)  In this section:

director has the same meaning it has in the Corporations Act 2001 of the Commonwealth.

reasonable steps, in relation to the commission of an executive liability offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:

(a)  action towards:
(i)  assessing the corporation’s compliance with the provision creating the executive liability offence, and
(ii)  ensuring that the corporation arranged regular professional assessments of its compliance with the provision,
(b)  action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the executive liability offence so far as the provision is relevant to them,
(c)  action towards ensuring that:
(i)  the plant, equipment and other resources, and
(ii)  the structures, work systems and other processes,
relevant to compliance with the provision creating the executive liability offence are appropriate in all the circumstances,
(d)  action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non-compliance with the provision creating the executive liability offence.

58A   Liability of directors etc for offences by corporation—accessory to the commission of the offences

(1)  For the purposes of this section, a corporate offence is an offence against this Act or the regulations that is capable of being committed by a corporation, whether or not it is an executive liability offence referred to in section 58.
(2)  A person commits an offence against this section if:
(a)  a corporation commits a corporate offence, and
(b)  the person is:
(i)  a director of the corporation, or
(ii)  an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and
(c)  the person:
(i)  aids, abets, counsels or procures the commission of the corporate offence, or
(ii)  induces, whether by threats or promises or otherwise, the commission of the corporate offence, or
(iii)  conspires with others to effect the commission of the corporate offence, or
(iv)  is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.

Maximum penalty: The maximum penalty for the corporate offence if committed by an individual.

(3)  The prosecution bears the legal burden of proving the elements of the offence against this section.
(4)  The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.
(5)  This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.
(6)  This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.

59   Evidentiary certificates

A certificate that is signed by the Director-General and that certifies that on a specified date or during a specified period:
(a)  a specified person was or was not an inspector,
(b)  a specified corporation was or was not an accredited research establishment,
(c)  a specified person was or was not the holder of a specified licence, or
(d)  the provisions of a specified licence were or were not in specified terms,
is admissible in any proceedings under this Act and is evidence of the fact or facts so certified.

59A   Delegation

The Director-General may delegate the exercise of any function of the Director-General under this Act (other than this power of delegation) to any member of staff of the Department.

60   Liability

A person is not personally liable for any act or omission done or omitted to be done by the person in good faith in the exercise of the functions conferred or imposed on the person by or under this Act.

61   Service of notices

A notice that the Director-General is required or permitted, by or under this Act, to cause to be served on a person may be served personally or by means of a letter addressed to the person at the person’s address last known to the Director-General.

62   Regulations

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:
(a)  the qualifications and functions of inspectors,
(b)  the procedures to be followed by the Panel in relation to the investigation of applications and complaints referred to it under this Act,
(c)  the records to be kept for the purposes of this Act,
(d)  the forms to be used for the purposes of this Act, and
(e)  the fees and charges which may be imposed for the purposes of this Act, including the waiver or refund of the whole or part of a fee or charge.
(2)  A provision of a regulation may:
(a)  apply generally or be limited in its application by reference to specified exceptions or factors,
(b)  apply differently according to different factors of a specified kind,
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or
(d)  exempt from the operation of any specified provision of this Act any specified person or body or specified class of persons or bodies, either unconditionally or subject to conditions,
or may do any combination of those things.
(3)  A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.

63   Savings, transitional and other provisions

Schedule 3 has effect.
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