Prevention of Cruelty to Animals Amendment Regulations 2014

Prevention of Cruelty to Animals Amendment Regulations 2014

S.R. No. 135/2014

table of provisions

RegulationPage

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Conditions on scientific procedures premises licences

7Conditions on scientific procedures field work licences

8Amendments to Schedules 2, 3 and 4

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ENDNOTES

S.R. No. 135/2014

Prevention of Cruelty to Animals Amendment Regulations 2014

statutory rules 2014

S.R. No. 135/2014

Prevention of Cruelty to Animals Amendment Regulations 2014

Prevention of Cruelty to Animals Act 1986

S.R. No. 135/2014

Prevention of Cruelty to Animals Amendment Regulations 2014

Prevention of Cruelty to Animals Amendment Regulations 2014

S.R. No. 135/2014

Prevention of Cruelty to Animals Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 23 September 2014

Responsible Minister:

PETER WALSH

Minister for Agriculture and Food Safety

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is—

(a)toincorporate certain documents that apply to a licence issued under Part 3 of thePrevention of Cruelty to Animals Act 1986; and

(b)to provide in certain circumstances for the carrying out of scientific procedures on nonhuman hominids; and

(c)to make miscellaneous and consequential amendments.

2Authorising provision

These Regulations are made under section42 of the Prevention of Cruelty to Animals Act 1986.

3Commencement

These Regulations come into operation on 1October 2014.

r. 3

4Principal Regulations

In these Regulations, the Prevention of Cruelty to Animals Regulations 2008[1]are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations—

(a)for the definition of Australian Code of Practice substitute—

"Australian Code of Practice means the National Health and Medical Research Council (2013) Australian code for the care and use of animals for scientific purposes, 8thedition published by the National Health and Medical Research Council, Canberra;";

(b)insert the following definition—

"non-human hominidmeans a non-human member of the family hominidae, being a gorilla, chimpanzee, bonobo, or orang-utan;";

(c)for the definition of qualified dog trainer substitute—

"qualified dog trainer means a person who—

(a)meets the requirements of regulation 49(2) of the Domestic Animals Regulations 2005; or

(b) is a member of the Victoria Police Dog Squad who has qualified as a dog handler for the purpose of training a police dog;".

6Conditions on scientific procedures premises licences

r. 6

After regulation 92(20) of the Principal Regulations insert—

"Prohibition on the use of non-human hominids

(20A) A person must not carry out a scientific procedure under the licence on a non-human hominid unless—

(a)the Minister determines—

(i) it is in the best interests of that non-human hominid; or

(ii)itis in the best interests of the genus to which the non-humanhominidbelongs, and that the benefits to be derived from theuse of the non-humanhominidare not outweighed by the likely harm to the non-humanhominid; or

(iii)it is necessary to protect human health and the objective of the procedure cannot be achieved by any other scientific means; and

(b)the procedure is approved by the Minister and conducted in accordance with any conditions determined by the Minister.".

7Conditions on scientific procedures field work licences

After regulation 95(16) of the Principal Regulations insert—

"Prohibition on the use of non-human hominids

(16A) A person must not carry out a scientific procedure under the licence on a non-human hominid unless—

r. 7

(a)the Minister determines—

(i) it is in the best interests of that non-human hominid; or

(iii)it is necessary to protect human health and the objective of the procedure cannot be achieved by any other scientific means; and

(b)the procedure is approved by the Minister and conducted in accordance with any conditions determined by the Minister.".

8Amendments to Schedules 2, 3 and 4

(1)In Schedule 2 to the Principal Regulations, for"[insert organisation]"substitute"[insertorganisation if applicable]".

(2)In Schedule 3 to the Principal Regulations, for"[insert organisation]"substitute"[insertorganisation if applicable]".

(3)In Schedule 4 to the Principal Regulations, for"[insert organisation]"substitute"[insertorganisation if applicable]".

r. 8

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S.R. No. 135/2014

Prevention of Cruelty to Animals Amendment Regulations 2014

ENDNOTES

Endnotes

[1] Reg. 4: S.R. No. 162/2008 asamended by S.R. Nos 157/2011 and 37/2013.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document
Regulation 5(a) which substitutes the definition of the Australian Code of Practice in regulation5 of the Principal Regulations / National Health and Medical Research Council (2013) Australian code for the care and use of animals for scientific purposes, 8thedition published by the National Health and Medical Research Council (2013), Canberra, 26June 2013 / The whole