Animal Research Amendment (Prohibition of Forced Swim Tests & Forced Smoke Inhalation Experiments) Act 2024
Information on changes to the Animal Research Act 1985
Summary
On 14 March 2024, the Animal Research (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments) Amendment Bill 2024 (the Bill) passed Parliament, with amendments, to prohibit forced smoke inhalation experiments and forced swim tests. The Bill includes transitional arrangements so that researchers that already have animal research authorities that authorise these tests will not commit an offence if the research is carried out in accordance with the existing authority. Such researchers will also be permitted to have their animal research authority reissued one more time.
The Act commenced upon assent, which occurred on 25 March 2024.
What is changing?
The following animal research tests are now prohibited (except where permitted through the transitional arrangements):
- Forced smoke inhalation experiments: animal research in which an animal is forced to inhale smoke by the placement of the animal in an instrument of restraint, and by the administration of smoke directly to the animal’s nose or head. Smoke includes aerosol or vapour produced by an e-cigarette, cigarette or cigar.
- Forced swim tests: animal research in which an animal, other than a fish*, is placed in water, and forced to swim, as the animal is unable to escape or stand, but 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 (e.g. animal research involving hydrotherapy)
*Fish has the same meaning as in the Fisheries Management Act 1994, which means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead), including oysters, aquatic molluscs, crustaceans, echinoderms, beachworms and other aquatic polychaetes, but does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulation.
What are the transitional arrangements?
The transitional arrangements ensure that researchers that already have an animal research authority in force immediately before the day on which the Bill commenced that authorises either of the tests (an existing authority) will not commit an offence if the research is carried out in accordance with that existing authority. They will also be permitted to have their animal research authority reissued one more time. An animal research authority reissued under the transitional arrangements must be on the same terms as the existing authority and will be subject to the usual application, assessment and determination processes set out under the Animal Research Act 1985 (the Act). The application for an animal research authority to be reissued under the transitional arrangements must be made before the expiry of the applicant's existing authority.
It's important to note that the transitional arrangements do not apply to new projects.
What is the penalty for non-compliance?
The penalty for those conducting the prohibited tests (except where permitted under the transitional arrangements) is a maximum of 30 penalty units, imprisonment for up to 12 months, or both. This is aligned to other penalties under the Act.
This new penalty ensures that appropriate compliance action can be taken in the event of a breach of the new prohibitions.
More information
For more information visit https://www.dpi.nsw.gov.au/animals-and-livestock/animal-welfare/research-teaching
