Victorian Numbered Regulations

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PREVENTION OF CRUELTY TO ANIMALS REGULATIONS 2008 (SR NO 162 OF 2008) - REG 95

Conditions on scientific procedures field work licences

r. 95

    (1)     For the purposes of section 32D of the Act, the conditions set out in the following subregulations of this regulation are prescribed for scientific procedures field work licences.

Compliance with codes of practice

    (2)     All scientific procedures carried out under the licence must be carried out in accordance with the Australian Code of Practice, the Laboratory Animals Code of Practice and the Pound Animals Code of Practice.

Nomination and membership of Animal Ethics Committees

    (3)     The licence holder must nominate one or more Animal Ethics Committees for the purposes of the licence to perform functions under the licence in accordance with the Australian Code of Practice.

    (4)     The licence holder must use only the Animal Ethics Committee or Committees nominated under the licence for the purposes of the licence.

    (5)     If an Animal Ethics Committee nominated by the licence holder does not carry out its functions under the licence in accordance with the Australian Code of Practice, the licence holder must nominate another Animal Ethics Committee to take the place of the earlier nominated committee.

    (6)     Before making a nomination under subregulation (5), the licence holder must first notify the Department Head of the proposal to make the nomination.

    (7)     If there is to be a change in the membership of an Animal Ethics Committee nominated by the licence holder, the licence holder must notify the Department Head of the proposed change before the change is made.

Functions of Animal Ethics Committees

    (8)     Any scientific procedure or program of scientific procedures carried out under the licence must not commence until the Animal Ethics Committee nominated by the licence holder, in relation to the procedure or program of scientific procedures, has approved—

        (a)     the procedure or program of procedures; and

        (b)     the place at which the procedure or program of procedures are to be carried out; and

        (c)     the person or persons who are to carry out the procedure or program of procedures.

    (9)     The licence holder must ensure that an Animal Ethics Committee, nominated by the licence holder, acts in accordance with the Australian Code of Practice, in relation to any scientific procedure or program of scientific procedures carried out under the licence, when—

        (a)     making any recommendation and approvals as to the use of animals in the procedure or program; or

        (b)     supervising the carrying out of the procedure or program; or

        (c)     performing any other function in relation to the procedure or program.

Obligations as to persons acting under the licence

    (10)     Any person carrying out a scientific procedure or program of scientific procedures under the licence must conduct the procedure in accordance with the approval given by the Animal Ethics Committee, and any recommendations and conditions imposed by the Animal Ethics Committee.

Sources of animals used under the licence

    (11)     Any specified animal that is used in any scientific procedure or program of scientific procedures carried out under the licence must have been bred at—

        (a)     a scientific premises for which a scientific procedures premises licence has been granted, where the breeding of the animal has been carried out for the purposes of scientific procedures to be carried out at the premises; or

        (b)     premises for which a specified animals breeding licence has been granted; or

        (c)     premises within Australian but outside Victoria which comply with all relevant requirements for the breeding of specified animals that are imposed by the State or Territory in which the premises are located; or

        (d)     premises outside Australia which comply with all relevant requirements for the breeding of specified animals that are imposed by the country in which the premises are located.

    (12)     Despite subregulation (11), a specified animal that has been bred in its native habitat must not be used for a scientific procedure or program of scientific procedures under the licence or for breeding for the purposes of such a procedure or program.

Animal care and welfare

    (13)     The licence holder must ensure that the husbandry practices and care of animals—

        (a)     undergoing scientific procedures under the licence; or

        (b)     kept in breeding colonies for the purposes of the licence; or

        (c)     kept as stock animals for the purposes of the licence—

are carried out in accordance with the Australian Code of Practice, the Laboratory Animals Code of Practice and the Pound Animals Code of Practice.

    (14)     All animal housing, facilities and equipment used for the purposes of the licence must comply with the Australian Code of Practice, the Laboratory Animals Code of Practice and the Pound Animals Code of Practice.

    (15)     A person must not carry out a scientific procedure under the licence involving the eye of any animal to determine irritancy of a chemical or biological agent unless the procedure is carried out under terminal anaesthesia.

    (16)     A person must not carry out a scientific procedure or program of scientific procedures under the licence involving the death of an animal as an endpoint, where the death is a deliberate measure in the procedure and where there will be no intervention to kill the animal humanely before death occurs in the course of the procedure or procedures, unless—

        (a)     the objective of the procedure or procedures cannot be achieved by any other scientific means; and

        (b)     the procedure or procedures are approved by the Minister and are carried out in accordance with any conditions determined by the Minister; and

        (c)     the procedure or procedures are related to—

              (i)     potentially lifesaving treatment for animals or human beings; or

              (ii)     research in connection with cancer in animals or human beings; or

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

              (iv)     investigation of environmental contaminants.

Record keeping

    (17)     The licence holder must ensure that a record is kept, for each month, of—

        (a)     any scientific procedure or program of scientific procedures carried out under the licence during the month; and

        (b)     the number and species of animals held at any place for the purposes of scientific procedures carried out under the licence on the first working day of each month; and

        (c)     the source of each such animal (which, in the case of animals acquired from outside Australia, must include the name and address of the supplier of the animal to the licence holder);

        (d)     the number and species of animals held for the purposes of the licence which were destroyed during the month without being used in any scientific procedures under the licence and the date of, and reason for, each animal's destruction; and

        (e)     the number and species of live animals held for the purposes of the licence which were removed from the premises during the month, and the date of each animal's removal and destination.

Notification of procedures to Department Head

    (18)     Before a scientific procedure or a program of scientific procedures to be conducted under the licence may commence, the licence holder must ensure that the Department Head is notified in writing of—

        (a)     the place at which the scientific procedure or program of scientific procedures is to be carried out; and

        (b)     a description of the procedure or program of procedures to be carried out at the place; and

        (c)     a description of the animals proposed to be used in the procedure or program of procedures.

Change of nominated person

    (19)     If the licence holder wants to change the person nominated for the licence to be responsible for the obligations and requirements in respect of the licence, the licence holder must do so by notice in writing to the Department Head.

    (20)     A notice under subregulation (19)—

        (a)     must be given to the Department Head no later than 14 days after the change of nominated person; and

        (b)     must set out the name and number of the licence; and

        (c)     must set out the name and address of the licence holder; and

        (d)     must set out the following information in relation to the nominated person—

              (i)     the name, title, address and employment position of the person; and

              (ii)     the contact details for the person including any telephone number, email, address and fax number of the person; and

              (iii)     the date of the change of person; and

              (iv)     a declaration from the person nominated that the person consents to that nomination.



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