Animal Research Act 1985

This Act may be cited as the Animal Research Act 1985.

Except as provided by subsection (2), this Act shall commence on the date of assent to this Act.

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.

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.

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.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

accredited research establishment means a corporation which is accredited as a research establishment under section 20.

advisory committee means a committee appointed under section 8.

animal means a vertebrate animal, and includes a mammal, bird, reptile, amphibian and fish, but does not include a human being.

animal care and ethics committee means a committee appointed under section 13.

animal research means any procedure, test, experiment, inquiry, investigation or study in connection with which an animal is used and, without limiting the generality of the foregoing, includes any procedure, test, experiment, inquiry, investigation or study in the course of which—

an animal is subjected to—

surgical, medical, psychological, biological, chemical or physical treatment,

abnormal conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding,

abnormal dietary conditions, or

electric shock or radiation treatment, or

any material or substance is extracted or derived from the body of an animal,

but does not include any procedure, test, experiment, inquiry, investigation or study which is carried out in the course of—

the administration of veterinary treatment to an animal for the purpose of protecting the welfare of the animal, or

the conduct of normal animal husbandry operations.

animal research authority means an authority issued under section 25.

animal supplier’s licence means a licence issued under section 39.

authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.

certificate of accreditation means a certificate of accreditation issued under section 20.

certificate of identification means a certificate of identification issued under section 49.

Chairperson means the Chairperson of the Panel.

Code of Practice means the Code of Practice referred to in section 4.

corporation includes—

a Public Service agency, and

any prescribed body of persons or body of persons of a prescribed class.

Department means Regional NSW.

designated land means—

in relation to an accredited research establishment—the land designated in the establishment’s certificate of accreditation as the land in or on which it is intended that the business of animal research will be carried on by the establishment,

in relation to an animal research authority—the land designated in the authority as the land in or on which it is intended that the business of animal research will be carried on by the holder of the authority, or

in relation to an animal supplier’s licence—the land designated in the licence as 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 holder of the licence.

director, in relation to a corporation, means—

any person who holds office or acts as a director of the corporation (by whatever name called), or

any person who is concerned in the management of the corporation.

Draize test means the animal research procedure involving the application of any material or substance to the eye of an animal for the purpose of determining the irritancy of that material or substance to the eye.

exempt animal means—

any animal (including any animal that is in the wild) that belongs to the class of animals comprising cattle, horses, sheep, goats, pigs and poultry or that belongs to any other class of animals prescribed for the purposes of this paragraph, or

any other animal (including any native animal and any exotic animal) that is in the wild.

fish has the same meaning as in the Fisheries Management Act 1994.

forced smoke inhalation experimentmeans animal research in which an animal is forced to inhale smoke by—

the placement of the animal in an instrument of restraint, and

the administration of smoke directly to the animal’s nose or head.

forced swim test—

means animal research in which an animal, other than a fish, is—

placed in water, and

forced to swim, as the animal is unable to escape or stand, and

does not include animal research that has the effect, or likely effect, of protecting or promoting the welfare of the animal on which the research is carried out.

Example for paragraph (b)—

Animal research involving hydrotherapy.

inspector means an inspector appointed under section 49.

land includes premises.

LD50 test means the animal research procedure in which any material or substance is administered to animals for the purpose of determining the concentration or dose of the material or substance which will achieve any predetermined death rate.

licensed animal supplier means the holder of an animal supplier’s licence.

Panel means the Animal Research Review Panel constituted by this Act.

premises includes any structure, building, aircraft, vehicle, vessel or place (whether built upon or not) and any part thereof.

product testing means the testing of a product intended to be used for therapeutic, cosmetic, agricultural, veterinary, industrial or household purposes, or such other purposes as may be prescribed by the regulations, and includes the testing of a constituent of the product.

recognised research purpose means—

the purpose of acquiring, demonstrating or developing knowledge in the field of medical, veterinary, agricultural, behavioural or biological science,

the purpose of acquiring, demonstrating, exercising or developing techniques used in the practice of medical, veterinary, agricultural, behavioural or biological science,

the purpose of developing or testing substances intended for therapeutic use (within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth), or

any purpose prescribed for the purposes of this paragraph.

regulation means a regulation made under this Act.

Secretary means the Secretary of the Department.

smoke includes—

aerosol or vapour produced by an e-cigarette, and

smoke produced by a cigarette or cigar.

In this Act, a reference to the carrying on of the business of animal research is a reference to the carrying on of any business or activity (whether or not for gain) in the course of which animal research is carried out.

In this Act, a reference to the supply of animals for use in connection with animal research includes a reference to the obtaining, breeding, nurturing or keeping of animals for the purpose of their being supplied for use in connection with animal research.

In this Act—

a reference to a function includes a reference to a power, authority and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

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.

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.

There is by this Act constituted the Animal Research Review Panel.

The Panel shall consist of 12 members appointed by the Minister, of whom—

3 shall be persons (each having such qualifications as may be prescribed) nominated by the New South Wales Vice-Chancellors’ Committee,

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 Medicines Australia,

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,

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.),

one shall be a person nominated by the Minister for Health,

one shall be a person nominated by the Minister for Education and Training,

one shall be a person nominated by the Minister, and

one shall be an officer of the Department of Climate Change, Energy, the Environment and Water nominated by the Minister administering the National Parks and Wildlife Act 1974.

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)—

the Minister may appoint any duly qualified person to hold office as that member, and

the person so appointed shall be a member of the Panel and shall be deemed to have been appointed in accordance with that paragraph.

Where—

a body referred to in subsection (2) changes its name, and

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.

The Panel shall have and may exercise the functions conferred or imposed on it by or under this or any other Act.

Schedule 1 has effect with respect to the members of the Panel.

Schedule 2 has effect with respect to the procedure of the Panel.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Panel to exercise its functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Panel makes use of) may be referred to as officers or employees, or members of staff, of the Panel. Section 47A of the Constitution Act 1902 precludes the Panel from employing staff.

The Panel may, with the consent of the Minister, appoint such advisory committees as may be necessary to enable it to exercise its functions.

Subject to subsection (3), the constitution and procedure of an advisory committee shall be as prescribed.

At least one of the members of an advisory committee shall be a member of the Panel.

The Panel has the following functions—

the investigation of matters relating to the conduct of animal research and the supply of animals for use in connection with animal research,

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,

the investigation of applications and complaints referred to it under this Act, and

such other functions as the Minister may from time to time confer or impose on it.

The Panel may at any time request the Secretary 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.

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).

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.

Without limiting subsection (1), the report must include the following information about applications made to the Panel under section 54C(4)(a)—

the number of applications made,

the number of applications approved,

the number of applications refused,

for each application approved—

the number of animals subject to the approval, and

the length of the animal research project, and

the reasons the relevant animal care and ethics committee was satisfied the project was justified to run for longer than 3 years, and

the nature of the research.

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.