From 1 December 1997, the Animal Research Act was changed in the following ways.

Object of the Act

The object of the Act is now clearly stated in lay terms. This has not changed its content in a legal sense but it has clarified the intent of the Act. The object of the 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;
• regulate the carrying out of research and the supply of animals for research;
• restrict authorisation to recognised research purposes, that is, purposes involving the use of animals for research, teaching, testing and the production of biological products.

Three-year accreditation

The period of accreditation has been extended to three years, provided that:

• your institution or company has been accredited before;
• the accreditation was not cancelled or suspended during the previous period of accreditation.

If your application for re-accreditation is approved, you will now automatically receive three years accreditation if you meet these criteria. The fee for accreditation will remain at $500. Public consultation on proposals for a revised fee structure isplanned.

28-day limitation on appeals

The Act allows organisations to make an appeal if the Director-General of NSW Agriculture (the licensing authority) refuses application for accreditation or licence; or suspends or cancels the accreditation or licence. Previously, there was no time limit on this process, which was inconsistent with many other Acts.

This change means that any appeal now needs to be made within 28 days of the Director-General’s decision.

Increase in penalties

All penalties in the Act have been increased by about 50 per cent. The penalties are expressed in terms of 'penalty units' which are adjusted automatically to reflect changes in the cost of living. In December 1997, a penalty unit was worth $110. For example, the penalty for the offence of carrying on the business of animal research without being accredited was 160 penalty units or $17,600.

Evidence of intention to supply animals

It has always been an offence to supply animals for research without an Animal Supplier’s Licence. This offence is now clarified by a new provision which says that evidence that a person has received, or was about to receive, any fee or reward for the supply of animals, is sufficient evidence of their intention to supply animals. The onus is on the person to prove that they were not unlawfully supplying animals in this case.

Powers of inspectors

New powers for inspectors appointed under the Act will allow an inspector to seize animals if he or she believes an offence has been, or is about to be, committed. The inspector may hold the animals for up to 30 days, or longer if legal proceedings are commenced. Alternatively, the inspector may apply for a court order to dispose of the animals. This will allow an inspector to deal with a situation where animals would otherwise be at risk.

New provisions also clarify that the powers of inspectors apply only to animals used in relation to the conduct of animal research or to the supply of animals for research. Their powers do not apply, for example, with respect to a pet dog or a commercial herd of cattle which is on the same premises as research animals.

Appointment of a deputy chairperson of the Animal Research Review Panel

A deputy chairperson of the Animal Research Review Panel can now be officially appointed to act in the absence of the Chairperson. Previously, members were asked to take the Chair on an ad hoc basis.