Part 3Advisory committees etc

Part 3—Advisory committees etc 15—Establishment of committees by Minister (1) The Minister may establish— (a) an Animal Welfare Advisory Committee; and (b) such other committees as the Minister thinks fit. (2) Subject to subsection (3), the Minister— (a) may appoint such members of a committee as the Minister thinks fit; and (b) must not appoint a person as a member of a committee unless the Minister is of the opinion that the person has experience, skills or qualifications relevant to the functions of the committee, including experience, skills or qualifications of a kind prescribed by the regulations. (3) The Animal Welfare Advisory Committee established by the Minister under this Part must consist of members appointed by the Minister who, in the opinion of the Minister— (a) have a balance of experience, skills or qualifications in respect of the following: (i) animal welfare; (ii) enforcement of any relevant legislation; (iii) livestock production and management; (iv) fishing or aquaculture; (v) wildlife management; (vi) veterinary science; (vii) scientific use of animals; (viii) government administration; (ix) other experience, skills or qualifications as determined by the Minister; and (b) have an understanding of community attitudes and expectations relating to animal welfare, and at least 1 member must be a person representing the agency that is primarily responsible for the enforcement of this Act. (4) The Minister may suspend or remove a member of a committee from office for any reason the Minister thinks fit. (5) The Minister will determine who will be the presiding member of a committee. (6) A member of a committee holds office on terms and conditions determined by the Minister. (7) A member of a committee is entitled to receive such allowances and expenses as the Minister may from time to time determine. (8) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as prescribed by the regulations; or (b) insofar as the procedure is not prescribed by the regulations—as approved by the Minister. (9) The Minister may confer on a committee 1 or more of the following functions: (a) to provide advice to the Minister in relation to any matters referred to the committee by the Minister; (b) to provide advice to the Minister in relation to the disbursement of the Animal Welfare Fund; (c) to review any matters referred to the committee by the Minister; (d) to arbitrate or otherwise deal with complaints referred to the committee by the Minister; (e) to carry out assessments, in particular where systemic animal welfare issues are suspected, and provide advice on enforcement and compliance actions; (f) to perform such other functions as may be prescribed by the regulations. (10) If the Public Sector (Honesty and Accountability) Act 1995 would not, apart from this section, apply to a member of a committee, that Act applies to the member in the same way as to an advisory body member within the meaning of that Act. (11) In this section— relevant legislation means this Act, the former Animal Welfare Act 1985, the Livestock Act 1997, the Fisheries Management Act 2007 or any other Act determined by the Minister to be relevant to the functions of the Animal Welfare Advisory Committee. 16—Conflict of interest A member of a committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with primary production generally, animal welfare organisations generally, veterinary practice generally or medical or biological research generally, or a substantial section of those engaged in or associated with any of those fields. Part 4—Licences, permits and registered activities Division 1—Licences for prescribed activities 17—Requirement to hold licence (1) Subject to subsection (2), a person must not undertake a prescribed activity unless the person holds a licence under this Division authorising the activity. (2) An employee is not required to hold a licence under this Division in respect of anything done in the course of employment by a person who holds a licence under this Division. prescribed activity means any of the following: (a) breeding and supplying an animal for scientific purposes; (b) keeping or using an animal for scientific purposes; (c) an activity of a kind prescribed by the regulations (after consultation undertaken in compliance with section 79(4)). 18—Classes of licence (1) For the purposes of this Act (but subject to subsection (2)), licences are divided into the following classes: (a) animal supplier's licence—a licence authorising the breeding and supplying of animals for scientific purposes; (b) animal use licence—a licence authorising the keeping and use of animals for scientific purposes. (2) The regulations may— (a) prescribe additional classes of licence; and (b) divide a class of licence into subclasses; and (c) prescribe the persons or organisations, or classes or groups of persons or organisations, to which licences, or any classes or subclasses of licences, may be granted. 19—Application for and grant of licence (1) The Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, grant or refuse to grant a licence under this Division. (2) An application for a licence must— (b) identify the activity for which the licence is being sought in a manner determined by the Minister; and (d) be accompanied by the prescribed fee or fees. 20—Nomination of responsible person for compliance (1) If an application for a licence is made by an applicant who is not an individual, the application must nominate to the Minister an individual (the responsible person) who will be also be responsible for complying with all conditions of, and any obligations under, the licence. (2) If the licensee or any other person commits an offence against this Act in relation to the licence or the prescribed activity under the licence, the responsible person is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the responsible person proves that— (b) they took all reasonable and practicable measure to prevent the commission of the offence. 21—Conditions of licence (1) A licence under this Division is subject to such conditions as the Minister thinks fit and specifies in the licence. (2) Without limiting the matters with respect to which conditions may be imposed, the Minister may impose conditions requiring the licensee— (a) to establish an animal ethics committee, or undertake another registered activity, in accordance with Division 3; and (b) to consult with an animal ethics committee in relation to specified matters; and (c) to obtain the approval of an animal ethics committee before— (i) acquiring animals for scientific purposes; or (ii) using animals for scientific purposes; and (d) to provide an animal ethics committee with such information in relation to scientific purposes involving animals as the animal ethics committee may request; and (e) to answer such questions in relation to scientific purposes involving animals as may be put by an animal ethics committee; and (f) to comply with such provisions of the Code as may be specified in the conditions; and (g) to submit annual reports containing specified details within specified timeframes; and (h) to provide information required by the Minister. (3) The Minister may, on the Minister's own initiative or on the application of a licensee and payment of the prescribed fee, by written notice to the licensee, amend or revoke a condition of a licence or impose a further condition. (4) A person who contravenes a designated condition of a licence is guilty of an offence. (5) A person who contravenes a condition of a licence, other than a designated condition, is guilty of an offence. (6) In this section— designated condition—a condition of a licence is a designated condition for the purposes of this section if— (a) the condition is of a kind prescribed by the regulations as designated conditions; or (b) the licence specifies that the condition is a designated condition for the purposes of this section. 22—Term and renewal of licence (1) Subject to this Act, a licence remains in force— (a) in the case of a licence granted other than by way of renewal of a licence—for a period of 12 months commencing on the day on which the licence is granted; or (b) in the case of a licence granted by way of renewal of a licence—for such period (not exceeding 5 years) as is stated in the licence commencing on the day on which the previous licence is due to expire. (2) The Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, renew or refuse to renew a licence. (3) An application for the renewal of a licence must— (b) be delivered to the Minister not less than 1 month before the licence is due to expire; and (4) The Minister may, if the Minister thinks fit and on payment of the prescribed late application fee, renew a licence despite the fact that the application for renewal was delivered out of time. (5) If an application for the renewal of a licence is not decided before the day on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal is taken to have commenced on the day on which the licence would, but for this subsection, have expired. 23—Licensee to notify change of particulars etc (1) A licensee must, within 14 days after a change in any prescribed particulars in relation to the licensee, give the Minister written notice of the change. (2) A licensee must, within 14 days after a change in any prescribed particulars in relation to, or in who is, the responsible person for a licence nominated in accordance with section 20, give the Minister written notice of the change. prescribed particulars, in relation to a licensee or responsible person, means— (a) any address for service or other email address, telephone number or street or postal address provided by the licensee to the Minister for purposes connected with the licence; or (b) any other particulars of a kind prescribed by the regulations. 24—Cancellation, suspension or surrender of licence (1) The Minister may, by written notice to the licensee, cancel a licence or suspend a licence for a specified period— (a) if the licensee contravenes this Act or a condition of the licence; or (b) in prescribed circumstances. (2) A licensee may, with the approval of the Minister, surrender the licence. (3) The Minister may approve the surrender of a licence either unconditionally or subject to such conditions as the Minister thinks fit. (4) If a licence is cancelled, suspended or surrendered under this section, the licensee is not entitled to any refund in respect of fees paid by the licensee for the licence. Division 2—Permits 25—Permits for prescribed activities and items (1) A person must not organise, conduct, promote or participate in a prescribed activity without a permit under this section. (2) A person must not have in their possession or control a prescribed item without a permit under this section. (3) An application for a permit must— (a) be made to the Minister; and (b) be made in the prescribed manner and in a form approved by the Minister; and (d) be accompanied by the prescribed fee. (4) The Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, grant or refuse to grant a permit under this section. (5) The term for which a permit is issued under this section and the conditions (if any) on which the permit is granted must be specified in the permit. (6) The Minister may, by written notice to the holder of the permit, amend or revoke a condition of a permit or impose a further condition. (7) A person who contravenes a condition of a permit under this section is guilty of an offence. (8) The Minister may cancel, or suspend for a specified period, a permit issued under this section by written notice to the holder of the permit. Division 3—Registered activities 26—Interpretation In this Division— applicant—see section 29(1); presiding member, in relation to an animal ethics committee, means— (a) the member of the committee appointed to be the chairperson of the committee in accordance with the Code; or (b) a member of the committee from time to time acting as the chairperson of the committee. 27—Activities that must be registered (1) A person must not conduct an activity to which this Division applies unless registered in accordance with this Division. (2) This Division applies to the following activities: (a) the establishment and operation of an animal ethics committee for the purposes of approving any activities of a licensee; (b) an activity of a kind prescribed by regulation (after consultation undertaken in compliance with section 79(4)). 28—Minister may maintain registers (1) The Minister may maintain 1 or more registers for the purposes of this Division. (2) A register— (a) may be maintained in a manner determined by the Minister; and (b) may be made wholly or partly available for public inspection on a website determined by the Minister. 29—Registration (1) A person (the applicant) may apply to the Minister for registration in accordance with this section. (2) An application for registration must— (b) identify the activity for which registration is being sought in a manner determined by the Minister; and 30—Nomination of responsible person for compliance (1) If the applicant is not an individual, the application must nominate to the Minister an individual (the responsible person) who will also be responsible for complying with all conditions of the registration and any legal requirements applicable to the registered activity. (2) If the applicant or any other person commits an offence against this Act in relation to the registration or the registered activity, the responsible person is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the responsible person proves that— (b) they took all reasonable and practicable measure to prevent the commission of the offence. 31—Conditions of registration (1) The Minister may register an activity subject to such conditions as the Minister thinks fit and specifies in the register maintained under section 28. (2) Without limiting the matters with respect to which conditions may be imposed, the Minister may impose conditions requiring the applicant— (a) to conduct an independent external review within a specified timeframe; and (b) to submit annual reports containing specified details within specified timeframes; and (c) to provide information required by the Minister. (3) The Minister may, on the Minister's own initiative or on the application of a person and payment of the prescribed fee, by written notice to the applicant, amend or revoke a condition of a registration or impose a further condition. (4) An applicant who contravenes a condition of a registration is guilty of an offence. 32—Term and renewal of registration (1) Registration of an activity remains in force for a period determined by the Minister (but not exceeding 5 years) and may be renewed in accordance with this section. (2) The Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, renew or refuse to renew the registration of an activity. (3) An application for the renewal of registration must— (b) be delivered to the Minister not less than 1 month before the registration is due to expire; and (4) The Minister may, if the Minister thinks fit and on payment of the prescribed late application fee, renew a registration despite the fact that the application for renewal was delivered out of time. (5) If an application for renewal of registration is not decided before the day on which the renewal is due to expire, the applicant may continue the registered activity until the application is decided and, if the registration is renewed, the renewal is taken to have commenced on the day on which the registration would, but for this subsection, have expired. 33—Animal ethics committees (1) An animal ethics committee will consist of at least 4 members appointed in compliance with the Code. (2) The applicant must ensure that the Minister is advised of the name and address of the presiding member of the animal ethics committee. Maximum penalty: $20 000. (3) Subject to this section, the functions of an animal ethics committee are— (a) to ensure that animals used for scientific purposes are treated humanely and that the regulations relating to such purposes are complied with; and (b) to approve the use of animals for scientific purposes proposed by the holder of a licence; and (c) to approve the acquisition, by the holder of a licence, of animals for scientific purposes; and (d) to furnish annual reports in accordance with the regulations; and (e) such other functions as are prescribed by the Code or the regulations. (4) An animal ethics committee may not approve the use of an animal for scientific purposes, or the acquisition of an animal for such purposes, unless it is satisfied that— (a) the use of the animal is essential for the particular purpose; and (b) the person who proposes to use the animal has appropriate experience and qualifications. (5) Subject to this Act, an animal ethics committee must perform its functions and conduct its business in compliance with the Code. (6) If an animal ethics committee refuses or fails to perform its functions and conduct its business in compliance with this Act and the Code— (a) the applicant who applied for registration in relation to the animal ethics committee; and (b) the responsible person (if any) under section 30; and (c) each member of the animal ethics committee, will be guilty of an offence. (7) It is a defence to a charge of an offence against subsection (6) if the defendant proves that— (b) they took all reasonable and practicable measures to prevent the commission of the offence. 34—Applicant to notify change of particulars etc (1) An applicant must, within 14 days after a change in any prescribed particulars in relation to the applicant, give the Minister written notice of the change. (2) An applicant must, within 14 days after a change in any prescribed particulars in relation to, or in who is— (a) the responsible person nominated in accordance with section 30 in relation to the registration of an activity under this Division; or (b) in the case of a registration of the establishment of an animal ethics committee—the presiding member of the committee, give the Minister written notice of the change. (3) An applicant in relation to the registration of the establishment of an animal ethics committee must, within 30 days of a change in the membership of the committee, give the Minister written notice of the change. prescribed particulars, in relation to an applicant, a responsible person or the presiding member of an animal ethics committee, means— (a) any address for service or other email address, telephone number or street or postal address provided by the applicant to the Minister for purposes connected with registration of an activity under this Division; or (b) any other particulars of a kind prescribed by the regulations. Part 5—Enforcement