Australian Capital Territory Current Acts

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ANIMAL WELFARE ACT 1992 - SECT 38

Decision about authorisation application

    (1)     On an application by a person for an authorisation, the animal ethics committee must—

        (a)     grant the authorisation to the person to conduct the program of research or teaching stated in the application, for the licensed premises stated in the application; or

        (b)     refuse to grant the authorisation.

    (2)     In deciding whether to grant the authorisation, the animal ethics committee must consider—

        (a)     the experience and competency in caring for and handling animals of—

              (i)     for an applicant that is an individual—the applicant; or

              (ii)     for an applicant that is a corporation—each authorised staff member; and

        (b)     the applicant's response (or lack of response) to any request for further information under section 37 (3); and

        (c)     whether the applicant has obtained and kept in force any necessary licences under the Nature Conservation Act 2014

; and

        (d)     within the 3 years immediately before the date of the application, whether—

              (i)     for an applicant that is an individual—the applicant has been convicted or found guilty of a defined offence ; or

              (ii)     for an applicant that is a corporation—an authorised staff member has been convicted or found guilty of a defined offence ; and

        (e)     any criteria prescribed by regulation.

    (3)     Subsection (2) does not limit the matters that the animal ethics committee may consider.

    (4)     In this section:

"grant "includes grant by way of renewal.

"renewal", of an authorisation, means the grant of the authorisation that is to begin on the day after the day the authorisation being renewed ends.



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