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1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to include an objects section that gives an overview of the Act, and
(b)
to replace the requirement for an independent animal researcher to
obtain an animal research licence with a requirement to obtain an
animal research authority, and
(c)
to provide for the issuing of animal research authorities to independent
animal researchers by either the Director-General of Agriculture or
accredited research establishments, and
(d)
to extend the period of accreditation of accredited research
establishments, and
(e)
to require an animal supplier to have an animal care and ethics
committee, and
to impose a 28-day time limit on the lodging of appeals to the District
Court against decisions of the Director-General relating to
accreditation, authorities, licensing and determination of complaints,
and
to include an offence of an unauthorised person keeping animals with
the intention of using them in connection with animal research, and
to provide that particulars of lethality tests are to be kept by animal
researchers and may be recorded and published by the Animal
Research Review Panel, and
to increase penalties for offences, and
to make other amendments of a minor or consequential nature.
The Bill also amends the Prevention of Cruelty to Animals Act 1979
consequentially.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Animal Research Act 1985 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the
Prevention of Cruelty to Animals Act 1979 set out in Schedule 2.
Schedule 1
Amendment of Animal Research Act 1985
Period of accreditation of research establishments
The Act currently provides for an accreditation of a research establishment to
remain in force for 12 months. Schedule 1 [14] provides that the first
accreditation of a research establishment remains in force for 12 months but
subsequent accreditations remain in force for 36 months. If a research
establishment has had a previous accreditation cancelled or suspended, any
new accreditation remains in force for 12 months or such lesser period as the
Director-General approves.
Explanatory note page 2
Animal research authorities
At present, the Act provides that an independent animal researcher (that is, a
researcher who is not connected with an accredited research establishment)
must apply to the Director-General for an animal research licence or to an
accredited research establishment for an animal research authority
authorising the carrying out of animal research. Schedule 1 [21] removes the
provisions dealing with the issue of animal research licences. Schedule 1 [15]
provides that the Director-General, as well as an accredited research
establishment, will now be able to issue animal research authorities
(proposed section 25).
Proposed section 25A sets out the matters that must be included in an
application to the Director-General for an animal research authority.
Proposed section 25B sets out the matters that must be included in an
application to an accredited research establishment for an animal research
authority.
Proposed section 25C enables an accredited research establishment to charge
a fee for dealing with an application for an animal research authority from an
independent animal researcher. Certain records must be kept by an accredited
research establishment of applications made to it by independent researchers.
Schedule 1 [20] enables a complaint to be made to the Director-General
about the holder of an animal research authority. The Director-General is to
refer such a complaint to the Animal Research Panel for investigation. On
receiving the Panel's report the Director-General may decide to suspend or
cancel the authority, caution or reprimand the holder of the authority or may
dismiss the complaint (proposed sections 28-28B).
An accredited research establishment may, at any time, cancel an animal
research authority that it issued (proposed section 28C).
Schedule 1 [2], [3], [5], [7], [9], [11], [12], [16], [18], [19], [28], [30], [31],
[33] and [38] make consequential amendments.
Land on which animal research may be carried out
The Act currently provides that a research establishment must identify in its
application for accreditation land which it occupies or will occupy as the land
on which it will carry out animal research. Schedule 1 [13] removes the
requirement that the land must be land occupied or to be occupied by the
accredited research establishment.
Schedule 1 [15] makes it clear that a person applying for an animal research
authority must specify the land on which the animal research is to be carried
out (proposed sections 25A and 25B).
Schedule 1 [17] contains a consequential amendment.
Explanatory note page 3
Animal supply licences
Schedule 1 [22] provides that the Director-General is not to grant an animal
supplier's licence unless the applicant has an animal care and ethics
committee.
Schedule 1 [23] requires the supply of animals under an animal supplier's
licence to be in accordance with the directions of the supplier's animal care
and ethics committee and, as is currently the case, in accordance with the
prescribed Code of Practice.
Schedule 1 [4], [6], [8], [10], [24] and [25] make consequential amendments.
Increase in penalties for offences
Schedule 1 [27], [29], [32], [35], [36], [40], [42]-[46] and [48] increase
penalties for offences under the Act.
Unlawful keeping and supply of animals in connection with
research
Schedule 1 [34] makes it an offence for an unauthorised person to keep
animals with the intention of using them in connection with animal research.
Evidence that the animals concerned were kept on premises containing
research equipment or the person charged was about to receive any fee or
reward for conducting animal research, is evidence that the animals were kept
for the purpose of using them in connection with research (proposed section
47A).
Section 48 of the Act contains offences dealing with the unauthorised supply
of animals in connection with animal research. Schedule 1 [37] places on the
person charged with the relevant offence the onus of proving that animals
obtained, bred, nurtured or kept by the person were not being unlawfully
supplied for research if it is proved that the person was about to receive any
fee or reward for the supply of animals in connection with animal research.
Schedule 1 [41] enables an inspector to take possession of animals for a
limited period if the inspector is of the opinion that an offence under the Act
has been or is about to be committed in relation to the animals. The inspector
may apply to the court before which proceedings for the relevant offence are
brought for an order to dispose of the animals (proposed section 51A).
Explanatory note page 4
Lethality tests
Schedule 1 [47] provides that an accredited research establishment must keep
records of lethality tests approved by its animal care and ethics committees or
subcommittees. A lethality test is defined as 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.
Copies of the records must be given to the Animal Research Review Panel.
The Panel is authorised to release the information it receives to the public but
cannot give out the name of the research establishments concerned (proposed
section 56A).
Miscellaneous amendments
Schedule l [l] inserts an objects section that gives an overview of the Act.
Schedule 1 [26] provides that an appeal against a determination of the
Director-General under the Act must be made within 28 days of notice being
given of the determination. If the appeal relates to a failure of the
Director-General to make a determination within 90 days of receiving an
application, the appeal must be made within 28 days after the end of that
90-day period.
Schedule l [39] makes it clear that the powers of inspectors under the Act
may be exercised only in relation to animals used in connection with animal
research.
Schedule 1 [49] and [53] contain savings and transitional provisions.
Schedule 1 [50] enables the Minister to appoint a Deputy Chairperson of the
Animal Research Review Panel. Schedule 1 [51] and [52] make
consequential amendments.
Schedule 2
Consequential amendment of Prevention of
Cruelty to Animals Act 1979
Schedule 2 contains amendments to the Prevention of Cruelty to Animals Act
I979 that are consequent on the removal of provisions relating to animal
research licences.
Explanatory note page 5