New South Wales Consolidated Acts

ANIMAL RESEARCH ACT 1985 - SECT 50

50 Powers of inspectors

(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).

Maximum penalty: 30 penalty units.

(3) An inspector may exercise any power conferred by subsection (1):

(a) at any time (whether by day or by night), and

(b) whether or not accompanied by a member of the Panel who is authorised in that behalf under section 10 (2).

(4) Subsection (1) does not authorise the exercise of any power conferred by that subsection in or on any part of land used for residential purposes or in relation to any person found in or on any such part of land.

(5) In exercising in or on any land any power conferred by subsection (1), an inspector:

(a) shall, if required to do so by a person apparently occupying the land, produce to that person the inspector’s certificate of identification, and

(b) shall, as far as practicable, avoid doing any act which is likely to impede the conduct of animal research or the supply of animals for use in connection with animal research being lawfully carried out in or on the land.