3Definitions

#### 3 Definitions 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](/view/html/inforce/current/act-2002-103). > > > > 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](/view/html/inforce/current/act-1994-038). > > > > 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. > > > > > > 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— > > > > > (a) the purpose of acquiring, demonstrating or developing knowledge in the field of medical, veterinary, agricultural, behavioural or biological science, > > > > > (b) the purpose of acquiring, demonstrating, exercising or developing techniques used in the practice of medical, veterinary, agricultural, behavioural or biological science, > > > > > (c) the purpose of developing or testing substances intended for therapeutic use (within the meaning of the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth), or > > > > > (d) 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— > > > > > (a) aerosol or vapour produced by an e-cigarette, and > > > > > (b) smoke produced by a cigarette or cigar. > > > (2) 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. > > > (3) 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. > > > (4) In this Act— > > > > > (a) a reference to a function includes a reference to a power, authority and duty, and > > > > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. > > **s 3:** Am 1989 No 43, Sch 1 (1); 1991 No 92, Sch 2; 1991 No 94, Sch 1; 1996 No 2, Sch 2; 1997 No 25, Sch 1 \[2\]–\[4\]; 2002 No 103, Sch 4.2 \[1\]; 2003 No 82, Sch 1.2; 2004 No 91, Sch 1.2 \[1\] \[2\]; 2010 No 59, Sch 1.3 \[1\]; 2015 No 58, Sch 3.7 \[2\] \[3\]; 2020 No 30, Sch 3.4; 2024 No 9, Sch 1\[1\].