Australian Capital Territory Current Acts

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ANIMAL WELFARE ACT 1992 - SECT 46

Amendment of authorisation

    (1)     The animal ethics committee may amend an authorisation at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare.

    (2)     The animal ethics committee may amend an authorisation on its own initiative or on application by the authorisation holder.

Note     A fee may be determined under s 110 for this provision.

    (3)     The animal ethics committee may amend an authorisation on its own initiative only if the committee has—

        (a)     given the authorisation holder written notice of the proposed amendment; and

        (b)     considered any comments made by the authorisation holder in accordance with the notice.

    (4)     The notice mentioned in subsection (3) (a) must—

        (a)     include the animal ethics committee's grounds for making the proposed amendment; and

        (b)     invite the authorisation holder to give the committee any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the authorisation holder.

    (5)     Subsection (3) does not apply to action under section 73D (Taking regulatory action).

Note     Section 107A provides that the animal ethics committee must give written notice of the decision to each person affected by the decision.

    (6)     The amendment of an authorisation takes effect on—

        (a)     the day the notice of the decision to amend is given to the authorisation holder; or

        (b)     if the notice states a later date of effect—that date.

    (7)     An authorisation amended under this section must be returned to the animal ethics committee as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the authorisation holder.

    (8)     In this section:

"amend", an authorisation, includes putting a condition on the authorisation, or amending or removing a condition of the authorisation.

"condition" does not include a condition prescribed by regulation.



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