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Animal Research Act 1985 No 123
 Status Information Currency of version Provisions in force Responsible Minister Authorisation:
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45C of the Interpretation Act 1987. Contents Long title Part 1 Preliminary 1 Name of Act 2 Commencement 2A Object of Act 3 Definitions 4 Code of Practice 5 Act binds Crown Part 2 The Animal Research Review Panel 6 The Panel 7 Staff of the Panel 8 Advisory committees 9 Functions of the Panel 10 Inspections 11 Annual reports 12 Delegation Part 3 Animal care and ethics committees 13 Constitution of animal care and ethics committees 14 Functions of animal care and ethics committees 15 Appointment of animal care and ethics subcommittees 16 Functions of animal care and ethics subcommittees Part 4 Accreditation and licensing Division 1 Interpretation 17 Definitions Division 2 Accreditation of research establishments 18 Applications for accreditation 19 Investigation of applications 20 Determination of applications 21 Duration of accreditation 22 Complaints 23 Investigation of complaints 24 Determination of complaints Division 3 Animal research authorities 25 Authorities may be issued by Director-General and accredited research establishments 25A Application to Director-General 25B Applications to accredited research establishments 25C Applications by independent researchers 26 Form of authorities 27 Duration of authorities 28 Complaints 28A Investigation of complaints 28B Determination of complaints 28C Cancellation of authority by research establishment Division 4 29–36(Repealed) Division 5 Animal suppliers’ licences 37 Applications for licences 38 Investigation of applications 39 Determination of applications 40 Form of licences 41 Duration of licences 42 Complaints 43 Investigation of complaints 44 Determination of complaints Division 6 Reviews by Administrative Decisions Tribunal 45 Applications to Administrative Decisions Tribunal for review of determination Part 5 Offences 46 Unlawfully carrying on the business of animal research 47 Unlawfully carrying out animal research 47A Keeping animals with intention of using them for animal research 48 Unlawfully supplying animals for use in connection with animal research Part 6 Inspectors 49 Appointment etc of inspectors 50 Powers of inspectors 51 Search warrants 51A Seizure of animals 52 Inspectors may demand name and address 53 Obstruction of inspectors 54 Impersonation of inspectors Part 7 Supplementary 55 False or misleading information 56 Disclosure of information 56A Approval of lethality tests 57 Proceedings for offences 58 Offences by corporations 59 Evidentiary certificates 59A Delegation 60 Liability 61 Service of notices 62 Regulations 63 Savings, transitional and other provisions Schedule 1 Provisions relating to the members of the Panel Schedule 2 Provisions relating to the procedure of the Panel Schedule 3 Savings, transitional and other provisions Historical notes An Act to protect the welfare of animals used in connection with animal research. This Act may be cited as the Animal Research Act 1985. (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. (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. (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: (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. 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 (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 Conference,(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 the Australian Pharmaceutical Manufacturers’ Association,(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,(g) one shall be a person nominated by the Minister for Agriculture and Fisheries, 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. (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. (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. 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. (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). (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. (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 Director-General 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 Director-General has the following functions:(a) the making of recommendations concerning the granting of animal research authorities by the Director-General,(b) the supervision of the carrying out of animal research by holders of animal research authorities granted by the Director-General,(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 (1) In this Part: Division 2 Accreditation of research establishments 18 Applications for accreditation (1) A corporation may apply to the Director-General 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 Director-General. 19 Investigation of applications (1) The Director-General shall refer all applications to the Panel for investigation.(2) The Panel shall investigate each application referred to it and shall furnish the Director-General with a report on each such application. 20 Determination of applications (1) After considering the Panel’s report on an application, the Director-General 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 Director-General 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 Director-General refuses to accredit an applicant as a research establishment, the Director-General 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 Director-General has failed to determine the application, the Director-General is, for the purposes only of any application for review by the Administrative Decisions Tribunal, taken to have refused to accredit the applicant as a research establishment.(5) The Director-General shall issue a certificate of accreditation to each corporation that the Director-General 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. (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 Director-General 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. (1) A complaint in respect of an accredited research establishment may be made to the Director-General:(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.(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 Director-General. 23 Investigation of complaints (1) The Director-General shall refer all complaints to the Panel for investigation.(2) The Panel shall investigate each complaint referred to it and shall furnish the Director-General with a report on each such complaint. 24 Determination of complaints (1) After considering the Panel’s report on a complaint, the Director-General 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 Director-General thinks fit,(c) by cautioning or reprimanding the research establishment the subject of the complaint, or(d) by dismissing the complaint.(2) The Director-General shall not cancel or suspend the accreditation of a research establishment unless:(a) notice has been served on the establishment:(i) of the Director-General’s intention to cancel or suspend the accreditation, and(ii) of the reasons for which the Director-General intends to cancel or suspend the accreditation,(b) the establishment has had a reasonable opportunity to make submissions to the Director-General in relation to the intended cancellation or suspension of the accreditation, and(c) the Director-General has considered any such submission.(3) As soon as practicable after determining a complaint, the Director-General 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 Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997. 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 for review to the Administrative Decisions Tribunal, 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. (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. 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. (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 Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal 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. 29–36(Repealed) Division 5 Animal suppliers’ licences (1) A person may apply to the Director-General 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 Director-General. 38 Investigation of applications (1) The Director-General shall refer all applications to the Panel for investigation.(2) The Panel shall investigate each application referred to it and shall furnish the Director-General with a report on each such application. 39 Determination of applications (1) After considering the Panel’s report on an application, the Director-General 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 Director-General 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 Director-General refuses to grant a licence, the Director-General 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 Director-General has failed to determine the application, the Director-General is, for the purposes only of any application for review to the Administrative Decisions Tribunal, taken to have refused to grant a licence to the applicant. (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. (1) Unless sooner cancelled, an animal supplier’s licence remains in force for the period of 12 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. (1) A complaint in respect of an animal supplier’s licence may be made to the Director-General:(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 Director-General. 43 Investigation of complaints (1) The Director-General 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 Director-General on each such complaint. 44 Determination of complaints (1) After considering a report furnished in respect of a complaint, the Director-General 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 Director-General 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 Director-General shall not cancel or suspend a licence unless:(a) notice has been served on the holder of the licence:(i) of the Director-General’s intention to cancel or suspend the licence, and(ii) of the reasons for which the Director-General intends to cancel or suspend the licence,(b) the holder of the licence has had a reasonable opportunity to make submissions to the Director-General in relation to the intended cancellation or suspension of the licence, and(c) the Director-General has considered any such submission.(3) As soon as practicable after determining a complaint, the Director-General 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 Reviews by Administrative Decisions Tribunal 45 Applications to Administrative Decisions Tribunal for review of determination (1) Any person who is dissatisfied with a determination of the Director-General under this Part that affects the person may apply to the Administrative Decisions Tribunal for a review of the determination.(2) An application to the Tribunal is to be made within 28 days after written notice of the determination of the Director-General 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. 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. 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. 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. 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. 49 Appointment etc of inspectors (1) Inspectors may be appointed for the purposes of this Act under and in accordance with the Public Service Act 1979.(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 Director-General 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. (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). (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. (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). A person shall not assault, delay, obstruct, hinder or impede an inspector in the exercise of the inspector’s functions under this Act. 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. 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. 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. 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. (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. (1) Where a corporation contravenes, whether by act or omission, any provision of this Act or a regulation, each director of the corporation shall be deemed to have contravened the same provision unless the director satisfies the court that:(a) the corporation contravened the provision without the knowledge of the director,(b) the director was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or(c) the director, being in such a position, used all due diligence to prevent the contravention by the corporation.(2) A director of a corporation may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations. 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. 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. 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. 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. (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.(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. Schedule 1 Provisions relating to the members of the Panel (Section 6 (6)) (1) Of the members of the Panel one shall, in and by the relevant instrument of appointment as such a member or by another instrument executed by the Minister, be appointed as Chairperson of the Panel.(2) The Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.(3) A person who is the Chairperson shall be deemed to have vacated office as Chairperson if the person:(a) resigns that office by instrument in writing addressed to the Minister,(b) ceases to be a member of the Panel, or(c) is removed from that office by the Minister under subclause (4).(4) The Minister may remove a member of the Panel from the office of Chairperson. (1) Of the members of the Panel, one is, in and by the relevant instrument of appointment as such a member or in and by another instrument executed by the Minister, to be appointed as Deputy Chairperson of the Panel.(2) A person who is the Deputy Chairperson vacates office if the person:(a) resigns that office by instrument in writing addressed to the Minister, or(b) ceases to be a member of the Panel, or(c) is removed from office by the Minister under subclause (3).(3) The Minister may remove a member of the Panel from the office of Deputy Chairperson. 3 Acting members and acting Chairperson (1) The Minister may, from time to time, appoint a person to act in the office of a member of the Panel during the illness or absence of the member, and the person, while so acting, shall have and may exercise all the functions of the member and shall be deemed to be a member of the Panel.(2) The Minister may, from time to time, appoint a member of the Panel to act in the office of Chairperson during the illness or absence of the Chairperson, and the member, while so acting, shall have and may exercise all the functions of the Chairperson and shall be deemed to be the Chairperson.(3) The Minister may remove any person from any office to which the person was appointed under this clause.(4) A person while acting in the office of a member of the Panel is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.(5) For the purposes of this clause, a vacancy in the office of a member of the Panel or in the office of Chairperson shall be deemed to be an absence from office of the member or Chairperson, as the case may be. Subject to this Schedule, a member of the Panel shall hold office for such period, not exceeding 3 years, as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment. A member of the Panel is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member. 6 Filling of vacancy in office of member If the office of any member of the Panel becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy. (1) A member of the Panel shall be deemed to have vacated office if the member:(a) dies,(b) absents himself or herself from 4 consecutive meetings of the Panel of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for being absent from those meetings,(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,(d) becomes a mentally incapacitated person,(e) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards or is convicted elsewhere than in New South Wales of an offence which if committed in New South Wales would be an offence so punishable,(f) resigns the office by instrument in writing addressed to the Minister, or(g) (Repealed)(h) is removed from office by the Minister under subclause (2) or (3).(2) The Minister may remove a member of the Panel from office.(3) Without limiting the generality of subclause (2), the Minister may remove a member of the Panel from office if the member contravenes the provisions of clause 8. 8 Disclosure of pecuniary interests (1) A member of the Panel who has a direct or indirect pecuniary interest:(a) in a matter that is being considered, or is about to be considered, at a meeting of the Panel, or(b) in a thing being done or about to be done by the Panel,shall, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Panel.(2) A disclosure by a member of the Panel at a meeting of the Panel that the member:(a) is a member, or is in the employment, of a specified company or other body,(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or a specified person,shall be deemed to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure.(3) The Panel shall cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to the inspection of any person.(4) After a member of the Panel has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the member shall not, unless the Minister otherwise determines:(a) be present during any deliberation of the Panel, or take part in any decision of the Panel, with respect to that matter, or(b) exercise any functions under this Act with respect to that thing,as the case requires.(5) Notwithstanding that a member of the Panel contravenes the provisions of this clause, that contravention does not invalidate any decision of the Panel or the exercise of any function under this Act.(6) Nothing in this clause applies to or in respect of an interest of a member of the Panel in a matter or thing which arises by reason only that the member:(a) is associated with an accredited research establishment, or(b) is entitled to a share of any profits of an accredited research establishment,other than a research establishment which is, or which belongs to a class of research establishments which are, the subject of that matter or thing.(7) A reference in this clause to a meeting of the Panel includes a reference to a meeting of a committee of the Panel. 9 Effect of certain other Acts (1) The Public Service Act 1979 does not apply to or in respect of the appointment of a member of the Panel and a member of the Panel is not, as such a member, subject to that Act.(2) Where by or under any other Act provision is made requiring a person who is the holder of an office specified therein to devote the whole of his or her time to the duties of that office, or prohibiting the person from engaging in employment outside the duties of that office, that provision shall not operate to disqualify the person from holding that office and also the office of a member of the Panel or from accepting and retaining any remuneration payable to the person under this Act as such a member.(3) The office of a member of the Panel shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown. Schedule 2 Provisions relating to the procedure of the Panel (Section 6 (7)) The procedure for the calling of meetings of the Panel and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Panel. The quorum for a meeting of the Panel is 7 members of the Panel, of whom:(a) at least one shall be a member appointed in accordance with section 6 (2) (a) or (b),(b) at least one shall be a member appointed in accordance with section 6 (2) (c) or (d), and(c) at least one shall be a member appointed in accordance with section 6 (2) (e), (f), (g) or (h). (1) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson) shall preside at a meeting of the Panel.(1A) In the absence of the Chairperson and Deputy Chairperson, another member of the Panel elected as chairperson for the meeting by the members of the Panel present is to preside at the meeting of the Panel.(2) The person presiding at any meeting of the Panel shall have a deliberative vote and, in the event of an equality of votes, a second or casting vote. A decision supported by a majority of the votes at a meeting of the Panel at which a quorum is present shall be the decision of the Panel. The Panel shall cause full and accurate minutes to be kept of the proceedings of each meeting of the Panel. Any document requiring authentication by the Panel is sufficiently authenticated if it is signed by the Chairperson or by any member of the Panel who is authorised by the Chairperson in that behalf. The Minister shall call the first meeting of the Panel in such manner as the Minister thinks fit. Schedule 3 Savings, transitional and other provisions (Section 63) (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts: Part 2 Provisions consequent on enactment of Animal Research Amendment Act 1997 A reference to an animal research authority in paragraph (a1) of the definition of disqualified individual in section 17 and in sections 25A (2) (e) and 25B (2) (d) is taken to include a reference to an animal research licence granted under Division 4 of Part 4 before its repeal by the Animal Research Amendment Act 1997. An amendment made to section 26 by the Animal Research Amendment Act 1997 does not apply to an animal research authority in force at the commencement of the amendment.
The following abbreviations are used in the Historical notes:
Table of amending instruments Animal Research Act 1985 No 123. Assented to 25.11.1985. Date of commencement of Part 2, 9.5.1986, sec 2 (2) and GG No 78 of 9.5.1986, p 2000; date of commencement of Parts 3, 4 and 6, 1.9.1990, sec 2 (2) and GG No 82 of 29.6.1990, p 5380; date of commencement of Part 5, 1.1.1991, sec 2 (2) and GG No 82 of 29.6.1990, p 5380. This Act has been amended as follows:
Table of amendments
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