Animal Research Act 1985 (NSW)

Animal Research Act 1985 No 123

An Act to protect the welfare of animals used in connection with animal research.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Animal Research Act 1985.

2 Commencement (1) Except as provided by subsection (2), this Act shall commence on the date of assent to this Act. (2) 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.

2A Object of Act (1) 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. (2) 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.

3 Definitions (1) 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— (a) an animal is subjected to— (i) surgical, medical, psychological, biological, chemical or physical treatment, (ii) abnormal conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding, (iii) abnormal dietary conditions, or (iv) electric shock or radiation treatment, or (b) 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— (c) the administration of veterinary treatment to an animal for the purpose of protecting the welfare of the animal, or (d) 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) a Public Service agency, and (b) any prescribed body of persons or body of persons of a prescribed class. Department means Regional NSW. designated land means— (a) 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, (b) 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 (c) 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— (a) any person who holds office or acts as a director of the corporation (by whatever name called), or (b) 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— (a) 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 (b) 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— (a) the placement of the animal in an instrument of restraint, and (b) the administration of smoke directly to the animal's nose or head. forced swim test— (a) means animal research in which an animal, other than a fish, is— (i) placed in water, and (ii) forced to swim, as the animal is unable to escape or stand, and (b) 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.