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ANIMAL WELFARE ACT 1992 - SECT 49B Interstate researchers' authorisation in the ACT

ANIMAL WELFARE ACT 1992 - SECT 49B

Interstate researchers' authorisation in the ACT

    (1)     An interstate researcher who has complied with section 49A may use or breed animals in the ACT in the same way, to the same extent and for the same purposes as the researcher is permitted to use or breed animals in the State where the researcher's interstate research authorisation was granted.

    (2)     Subsection (1)—

        (a)     does not apply to a researcher whose interstate research authorisation is suspended; and

        (b)     ceases to apply to a researcher whose interstate research authorisation expires or is cancelled or revoked.

    (3)     The authority may decide to end the application of subsection (1) to an interstate researcher if satisfied on reasonable grounds—

        (a)     the researcher has contravened this Act; or

        (b)     the researcher has contravened, in the ACT, an approved code of practice, a mandatory code of practice or a protocol or condition which applies to the researcher's interstate research authorisation; or

        (c)     the researcher has failed to comply, in the ACT, with the proposal for carrying out the researcher's activities set out in a submission on which the grant of the authorisation is based; or

        (d)     it is not appropriate for the researcher to use or breed animals in the ACT in the same way, to the same extent and for the same purposes as the researcher is permitted to use or breed animals in the State where the researcher's interstate research authorisation is granted.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

    (4)     When considering whether to make a decision under subsection (3) about an interstate researcher, the authority is not required to give the researcher an opportunity to make representations if satisfied that the public interest or the welfare of any animal requires that the decision be made immediately.

    (5)     The authority may decide that subsection (1) should again apply to a researcher to whom the subsection has ceased to apply because of a decision under subsection (3).

    (6)     Subsection (1)—

        (a)     ceases to apply to a researcher about whom the authority has made a decision under subsection (3); and

        (b)     again applies to a researcher about whom the authority has made a decision under subsection (5).