What it does
This Act establishes a statutory framework for the authorisation, regulation, inspection and enforcement of animal research and the supply of animals for research in New South Wales. It creates three tiers of administrative permissions and controls: accreditation of research establishments (Part 4 Div 2), individual animal research authorities (Part 4 Div 3), and animal supplier’s licences (Part 4 Div 5) (see ss 18-21, 25-27, 37-41). The Act requires corporations carrying on the business of animal research to be accredited (s 46(1)), individuals carrying out animal research to hold an animal research authority (s 46(2), s 47(1)), and suppliers of non-exempt animals for research to hold an animal supplier’s licence (s 48(1)).
The Animal Research Review Panel is constituted with a specified membership mix and defined functions (s 6, s 9). The Secretary must refer applications and complaints to the Panel for investigation (ss 19, 23, 28A). The Act authorises the Secretary and accredited research establishments to issue individual animal research authorities, subject to animal care and ethics committee recommendation (s 25). Animal care and ethics committees are required and given supervisory functions (ss 13-16, 14). The Code of Practice may be prescribed by regulation and is repeatedly invoked as the regulatory standard to be followed (s 4; see ss 26(7), 26(4), 26(7) for specific decision-making reference).
Inspectors are statutorily appointed veterinary practitioners with powers to enter, inspect, examine animals and documents on designated land, take limited quantities of material without payment, require production of animals, equipment or documents, and apply for search warrants; there are express limits and procedural protections (ss 49-51, 50(1)-(5), 51(1)-(3)). The Act enables seizure and temporary custody of animals where an offence has been or is about to be committed, with time limits, disposal orders and recovery of expenses (s 51A).