Prevention of Cruelty to Animals (Amendment) Regulations 2006

Prevention of Cruelty to Animals (Amendment) Regulations 2006

S.R. No. 3/2006

table of provisions

Regulation Page

1. Objective 1

2. Authorising provision 1

3. Commencement 1

4. Principal Regulations 2

5. Definitions 2

6. Changes to certain scientific procedures 2

7. Application for premises licence 3

8. Conditions on premises licences 3

9. Applications for field work licences 4

10. Conditions on scientific procedures field work licences 4

11. Applications for specified animals breeding licences 5

12. Conditions on specified animals breeding licences 5

13. Completion of annual returns 6

14. Notification of change of nominated person 6

15. New regulation 34 inserted 6

34. Transitional provision for annual returns 6

16. Type of animal codes 6

17. Particular procedures codes 8

18. Benefit focus of the project codes 8

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ENDNOTES 9

S.R. No. 3/2006

Prevention of Cruelty to Animals (Amendment) Regulations 2006

statutory rules 2006

S.R. No. 3/2006

Prevention of Cruelty to Animals (Amendment) Regulations 2006

Prevention of Cruelty to Animals Act 1986

S.R. No. 3/2006

Prevention of Cruelty to Animals (Amendment) Regulations 2006

Prevention of Cruelty to Animals (Amendment) Regulations 2006

S.R. No. 3/2006

Prevention of Cruelty to Animals (Amendment) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 24 January 2006

Responsible Minister:

BOB CAMERON

Minister for Agriculture

ruth leach

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to make further provision for the regulation of scientific procedures on animals and the breeding of specified animals for these procedures.

2. Authorising provision

These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986.

3. Commencement

(1) These Regulations, except regulations 5, 7, 8, 9, 10(a), 10(d), 11, 12(a), 12(c) and 12(d), come into operation on 1 February 2006.

(2) Regulations 5, 7, 8, 9, 10(a), 10(d), 11, 12(a), 12(c) and 12(d) come into operation on 1 August 2006.

4. Principal Regulations

In these Regulations, the Prevention of Cruelty to Animals Regulations 1997[1] are called the Principal Regulations.

5. Definitions

r. 4

In regulation 5 of the Principal Regulations—

(a) in the definition of "Australian code of practice" for "6th edition 1997 published by the Australian Government Publishing Service, Canberra September 1997" substitute "7th edition 2004 published by the Australian Government Publishing Service, Canberra, October 2004";

(b) insert the following definition—

' "Laboratory Animals code of practice" means the Code of Practice for the Housing and Care of Laboratory Mice, Rats, Guinea Pigs and Rabbits approved by the Governor in Councilon 12 October 2004 and published in the Victorian Government Gazette G51 on 16 December 2004 at pages 3419–3461;'.

6. Changes to certain scientific procedures

(1) For regulation 12(1) of the Principal Regulations substitute—

"(1) A person must not carry out any scientific procedure or series of scientific procedures involving the eye of an animal to determine the irritancy of a chemical or biological agent unless carried out under terminal anaesthesia.".

(2) In regulation 12(2) of the Principal Regulations—

(a) for "a test for determining the relative toxicity of a chemical or a cosmetic, toilet, household or industrial preparation in which the object of the test is to assess the toxicity of the preparation against a predetermined level of mortality" substitute "death as an endpoint where the death of the animal is a deliberate measure in the procedure and there will be no intervention to kill the animal humanely before death occurs in the course of the procedure";

(b) in paragraph (a)(ii) for "and" substitute "or";

"(iii) development and assessment of the humaneness of lethal vertebrate pest control agents; or

(iv) investigation of environmental contaminants; and";

(d) paragraph (c) is revoked.

7. Application for premises licence

r. 7

In regulation 13(e)(iv) and (f) of the Principal Regulations after "Australian code of practice" insert ", the Laboratory Animals code of practice".

8. Conditions on premises licences

In regulation 14 of the Principal Regulations—

(a) for "section 30" substitute "section 32";

(b) in paragraphs (a) and (h), after "the Australian code of practice" insert ", the Laboratory Animals code of practice";

"(ia) specified animals that have been bred in their native habitat must not be used for scientific procedures or breeding under the scientific procedures premises licence;".

9. Applications for field work licences

In regulation 17(d)(iii) and (e) of the Principal Regulations after "Australian code of practice" insert ", the Laboratory Animals code of practice".

10. Conditions on scientific procedures field work licences

r. 9

In regulation 18 of the Principal Regulations—

(a) in paragraph (a), after "the Australian code of practice" insert ", the Laboratory Animals code of practice";

(b) in paragraph (f)(ii), for "species of animals" substitute "species of specified animals";

"(iii) the source of the specified animals involved in scientific procedures which, in the case of animals bred outside Australia, must include the name and address of the supplier; and

(iv) the number and species of specified animals destroyed without being used in scientific procedures and the date of their destruction;";

(d) in paragraph (g), after "the Australian code of practice" insert ", the Laboratory Animals code of practice";

(e) after paragraph (h) insert—

"(ha) specified animals that have been bred in their native habitat must not be used for scientific procedures under the scientific procedures field work licence;".

11. Applications for specified animals breeding licences

r. 11

In regulation 20(e)(iii) and (f) of the Principal Regulations for "and the Australian code of practice" substitute ", the Australian code of practice and the Laboratory Animals code of practice".

12. Conditions on specified animals breeding licences

In regulation 21 of the Principal Regulations—

(a) in paragraph (a), for "and the Australian code of practice" substitute ", the Australian code of practice and the Laboratory Animals code of practice";

(b) after paragraph (a) insert—

"(ab) specified animals used for breeding must be obtained from—

(i) scientific premises for which a scientific procedures premises licence has been issued; or

(ii) premises for which a specified animals breeding licence has been issued; or

(iii) premises within Australia but outside Victoria that comply with all requirements of the State or Territory in which the premises are located for the breeding of specified animals; or

(iv) premises outside Australia;";

(c) in paragraph (b), for "and the Australian code of practice" substitute ", the Australian code of practice and the Laboratory Animals code of practice";

(d) in paragraph (h), after "Australian code of practice" insert ", the Laboratory Animals code of practice".

13. Completion of annual returns

In regulation 24(1) of the Principal Regulations for "1 March" substitute "31 March".

14. Notification of change of nominated person

r. 13

In regulation 27(2)(e)(i) of the Principal Regulations for "and the Australian code of practice" substitute ", the Australian code of practice and the Laboratory Animals code of practice".

15. New regulation 34 inserted

After regulation 33 of the Principal Regulations insert—

"34. Transitional provision for annual returns

Annual returns relating to the period ending on 31 December 2006 may provide details of the matters required by regulation 24(2)(d) to(k) by reference to the appropriate code for that matter as set out in Schedule 6 as in force on 1 February 2006.".

16. Type of animal codes

In Schedule 6 to the Principal Regulations in item1—

(a) in the entry relating to Laboratory Mammals, for—

"01 Ferret

02 Guinea pig*

03 Hamster

04 Mouse*

05 Rabbit*

06 Rat*"

substitute—

"01 Ferrets

02 Guinea pigs*

03 Hamsters

04 Mice*

05 Rabbits*

06 Rats*";

(b) in the entry relating to Stock Animals, for—

"10 Domestic Poultry

11 Goats

12 Horses"

substitute—

r. 16

"10 Goats

11 Horses

12 Poultry";

"39 Macropods

40 Koalas"

substitute—

"39 Koalas

40 Macropods".

17. Particular procedures codes

r. 17

In Schedule 6 to the Principal Regulations—

(a) in the heading to item 6 after "PROCEDURES" insert
"AND BREEDING";

(b) in item 6, for—

"14 Other procedure and breeding"

substitute—

"14 Ocular irritancy testing

15 Skin irritancy testing involving a chemical, or a cosmetic, toilet, household or industrial preparation

16 Toxicity testing—other

17 Other procedure

18 Breeding of specified animals".

18. Benefit focus of the project codes

In Schedule 6 to the Principal Regulations in item7 for—

"15 Lethality testing

16 Breeding"

substitute—

"15 Breeding".

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S.R. No. 3/2006

Prevention of Cruelty to Animals (Amendment) Regulations 2006

ENDNOTES

Endnotes

[1] Reg. 4: S.R. No. 159/1997. Reprint No. 1 as at 1 November 2002. Reprinted to S.R. No. 65/2001. Further amended by S.R. Nos 23/2004, 63/2004, 64/2004, 70/2005 and 121/2005.

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Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 2004

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory Rule Provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document /
Regulation 14(a)
Regulation 14(h)
Regulation 18(a)
Regulation 18(g) / Australian code of practice for the care and use of animals for scientific purposes, 7thedition 2004, published by the Australian Government Publishing Service, Canberra, October 2004 / Whole document
Regulation 14(b)
Regulation 15(1)
Regulation 18(b)
Regulation 19(1)
Regulation 21(e) / Australian code of practice for the care and use of animals for scientific purposes, 7thedition 2004, published by the Australian Government Publishing Service, Canberra, October 2004 / Introduction and sections 1, 2 and 3
Regulation 21(a)
Regulation 21(b)
Regulation 21(h) / Australian code of practice for the care and use of animals for scientific purposes, 7thedition 2004, published by the Australian Government Publishing Service, Canberra, October 2004 / Introduction and sections 1, 2, 3 and 4
Statutory Rule Provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document /
Regulation 14(a)
Regulation 14(h)
Regulation 18(a)
Regulation 18(g)
Regulation 21(a)
Regulation 21(b)
Regulation 21(h) / Code of practice for the Housing and Care of Laboratory Mice, Rats, Guinea Pigs and Rabbits, approved by the Governor in Council on 12 October 2004 and published in the Victorian Government Gazette issue G51 on 16 December 2004 at pages 3419–3461 / Whole document