New South Wales Consolidated Regulations

ANIMAL RESEARCH REGULATION 2005 - SCHEDULE 3

SCHEDULE 3 – Animals exempted from licensing requirements for supply

(Clause 25)

1 Definitions

In this Schedule:
"authorised researcher" means the holder of an animal research authority.
"relevant ethics committee" means:

(a) in relation to an animal research authority that was issued by the Director-General-the ethics committee that supervises the animal research carried out by the authorised researcher, or

(b) in relation to an animal research authority that was issued by an accredited research establishment-the ethics committee of the establishment.

2 Unowned animals

Unowned animals are exempt animals for the purposes of any procedure, test, experiment, inquiry, investigation or study to be carried out by an authorised researcher if the relevant ethics committee is satisfied that:

(a) the procedure, test, experiment, inquiry, investigation or study:

(i) is innocuous and non-invasive, and

(ii) will not have foreseeable lasting adverse consequences to the animal, and

(b) appropriate arrangements exist for long-term welfare of the animal after the procedure, test, experiment, inquiry, investigation or study has been completed.

3 Privately-owned animals

Privately-owned animals are exempt animals for the purposes of any procedure, test, experiment, inquiry, investigation or study to be carried out by an authorised researcher if the relevant ethics committee is satisfied that:

(a) the procedure, test, experiment, inquiry, investigation or study:

(i) is innocuous and non-invasive, and

(ii) will not have foreseeable lasting adverse consequences to the animal, and

(b) the animal will remain under the effective control of its owner while the procedure, test, experiment, inquiry, investigation or study is being carried out.

4 Animals supplied by Commonwealth or interstate organisations

Animals of any kind that have been obtained from a Commonwealth or interstate organisation are exempt animals for the purposes of any procedure, test, experiment, inquiry, investigation or study to be carried out by an authorised researcher if the organisation is approved by the Panel in connection with the supply of animals of that kind.

5 Bred for the purpose animals

(1) Animals that have been bred by an authorised researcher are exempt animals for the purposes of any procedure, test, experiment, inquiry, investigation or study to be carried out by an authorised researcher so long as:

(a) the use of the animals for those purposes is approved by the relevant ethics committee, and

(b) the animals are kept in a manner approved by the committee, and

(c) the ethics committee is satisfied that:

(i) the researcher intends to breed a strain or type of animal that is not otherwise available for a specific research project, and

(ii) if any of the animals are supplied direct to another authorised researcher-no person (including the authorised researcher who bred the animals) is to receive a financial benefit.

(2) Animals that have been bred within an accredited research establishment or by an independent researcher (as defined in section 25C (5) of the Act) are exempt animals for the purposes of any procedure, test, experiment, inquiry, investigation or study to be carried out by an authorised researcher so long as:

(a) the use of the animals for that purpose is approved by the relevant ethics committee, and

(b) the animals are kept in a manner approved by the committee, and

(c) the committee is satisfied that the animals are being supplied for use in the establishment only, or by the researcher only, as the case may be, and the breeding and management of the animals is part of a protocol approved by the committee.

6 Deer

Commercially farmed deer are exempt animals for the purposes of any procedure, test, experiment, inquiry, investigation or study to be carried out by an authorised researcher.

7 Fish

Commercially hatched fish are exempt animals for the purposes of any procedure, test, experiment, inquiry, investigation or study to be carried out by an authorised researcher.

8 Animals in schools

All animals used in schools are exempt animals for the purposes of any procedure, test, experiment, inquiry, investigation or study of a kind described as Category 1, 2 or 3 in the document entitled Animals in Schools: Animal Welfare Guidelines for Teachers published by the New South Wales Department of Education and Training.

9 Animals with certain medical or genetic conditions

(1) An animal is an exempt animal for the purposes of any procedure, test, experiment, inquiry, investigation or study to be carried out by an authorised researcher so long as:

(a) the animal has a medical or genetic condition for which it has not specifically been bred, and

(b) the animal has been released by its owner for use in a procedure, test, experiment, inquiry, investigation or study related to its condition that has been approved by the relevant ethics committee by means of a declaration in a form approved by the Director-General, and

(c) the relevant ethics committee is satisfied that the animal would be detrimentally affected by spending a period of time in a supply unit.

(2) In this clause:
"supply unit" means premises used by a licensed animal supplier for the receipt, holding and despatch of animals for use in animal research.