97-159sr010

Version No. 010

Prevention of Cruelty to Animals Regulations

1997

S.R. No. 159/1997

Version incorporating amendments as at 1 November 2002

TABLE OF PROVISIONS

Regulation

PART 1—PRELIMINARY

1.

Objectives

2.

Authorising provisions

3.

Commencement

4.

Revocation

5.

Definition

PART 2—PROTECTION OF ANIMALS

Division 1—General Requirements

6.

Leghold traps

7.

Minimum cage floor areas for layer hens

Division 2—Rodeos and Rodeo Schools

8.

Rodeo permits

9.

Rodeo school permits

10.

Restrictions on the conduct of rodeos and rodeo schools

PART 3—SCIENTIFIC PROCEDURES

Division 1—Particular Scientific Procedures

11.

Certain procedures etc. are not scientific procedures

12.

Regulation of certain scientific procedures

Division 2—Scientific Establishments

13.

Scientific establishment licences

14.

Prescribed minimum standards at scientific establishments

15.

Prescribed minimum conditions for scientific establishments

16.

Scientific establishment returns

17.

Transfer of scientific establishment licences

Page

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3

4

4

3

3

3

1

1

1

1

1

2

6

6

6

6

7

7

7

8

8

9 i

Regulation Page

Division 3—Breeding Establishments

18.

Breeding establishment licences

19.

Standards at breeding establishments

20.

Prescribed conditions for breeding establishments

21.

Transfer of breeding establishment licences

PART 4—MISCELLANEOUS

22.

Identification certificates

23.

Orders for the destruction or treatment of animals

24.

Fees

__________________

SCHEDULES

SCHEDULE 1—Regulations Revoked

SCHEDULE 2—Application for a Permit to Conduct a Rodeo

SCHEDULE 3—Permit to Conduct a Rodeo

SCHEDULE 4—Application for a Permit to Operate a Rodeo School

SCHEDULE 5—Permit to Operate a Rodeo School

SCHEDULE 6—Application for the Issue or Renewal of a Scientific

Establishment Licence

SCHEDULE 7—Scientific Establishment Licence

SCHEDULE 8—Return of Animal Usage for Scientific Procedures

SCHEDULE 9—Application for the Transfer of a Scientific


SCHEDULE 10—Application for the Issue or Renewal of a Breeding


32

SCHEDULE 11—Breeding Establishment Licence

34

35

SCHEDULE 12—Application for Transfer of a Breeding Establishment

Licence

SCHEDULE 13—Certificate of Identification as an Inspector

37

38

SCHEDULE 14—Certificate of Identification as a Specialist Inspector 39

SCHEDULE 15—Certificate of Identification as an Authorised Officer 40

SCHEDULE 16—Order for the Destruction, Treatment, Housing or

Feeding of Animals

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24

25

27

13

13

14

16

19

21

11

11

11

11

9

9

10

10

10 ii

Regulation

ENDNOTES

1.

General Information

2.

Table of Amendments

3.

Explanatory Details

Page

42

42

43

44 iii

Version No. 010

Prevention of Cruelty to Animals Regulations

1997

S.R. No. 159/1997

Version incorporating amendments as at 1 November 2002

PART 1—PRELIMINARY

1. Objectives

The objectives of these Regulations are—

(a) to prescribe standards for the protection of animals in certain circumstances;

(b) to prescribe conditions for permits to conduct rodeos and operate rodeo schools;

(c) to prescribe conditions for licences and standards for scientific procedures and breeding carried out by scientific and breeding establishments;

(d) to prescribe forms, fees and other matters authorised by the Prevention of Cruelty to

Animals Act 1986 .

2. Authorising provisions

These Regulations are made under sections 15, 16,

19, 25, 26, 27, 29, 35 and 42 of the Prevention of

Cruelty to Animals Act 1986 .

3. Commencement

These Regulations come into operation on

22 December 1997.

4. Revocation

The Regulations listed in Schedule 1 are revoked .

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Prevention of Cruelty to Animals Regulations 1997

S.R. No. 159/1997

Part 1—Preliminary

5. Definition

In these Regulations—

"the Act" means the Prevention of Cruelty to

Animals Act 1986 .

_______________

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Part 2—Protection of Animals

PART 2—PROTECTION OF ANIMALS

Division 1—General Requirements

6. Leghold traps

(1) For the purposes of section 15(1)(a) of the Act, the kind of spring-operated steel-jawed leghold trap prescribed as a large leghold trap is one that has a hinge not less than 12 centimetres wide.

(2) For the purposes of section 15(1)(b) of the Act, the kind of spring-operated steel-jawed leghold trap prescribed as a small leghold trap is one that has a hinge less than 12 centimetres wide.

7. Minimum cage floor areas for layer hens

(1) A person who keeps female domestic fowls of the genus Gallus in cages for the purpose of egg production must provide—

(a) for every fowl under 2



4 kilograms in weight a cage floor area of not less than 450 square centimetres; and

(b) for every fowl of 2



4 kilograms or more in weight a cage floor area of not less than

600 square centimetres.

Penalty: 5 penalty units.

(2) For the purposes of sub-regulation (1), the cage floor area includes the floor area under any baffle.

Division 2—Rodeos and Rodeo Schools

8. Rodeo permits

(1) For the purposes of section 16(1) of the Act, an application for a permit to conduct a rodeo must be in the form in Schedule 2.

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Part 2—Protection of Animals r. 9

Reg. 10(1) amended by

S.R. No.

65/2001 reg. 4(1)(a).

(2) For the purposes of section 16(2) of the Act—

(a) a permit to conduct a rodeo must be in the form in Schedule 3; and

(b) the prescribed conditions are set out in

Part A of the form of permit in Schedule 3.

9. Rodeo school permits

(1) For the purposes of section 16(1) of the Act, an application to operate a rodeo school must be in the form in Schedule 4.

(2) For the purposes of section 16(2) of the Act—

(a) a permit to operate a rodeo school must be in the form in Schedule 5; and

(b) the prescribed conditions are set out in

Part A of the form of permit in Schedule 5.

10. Restrictions on the conduct of rodeos and rodeo schools

(1) A person who proposes to conduct a rodeo or a rodeo school must, in the application for a permit, nominate a stock contractor who has agreed to arrange for the supply of stock to be used at the rodeo or rodeo school.

(2) A person must not conduct a rodeo or a rodeo school using any animals except those provided by a nominated stock contractor referred to in subregulation (1) who has agreed to arrange for the supply of stock to be used at the rodeo or rodeo school.

(3) A person who proposes to conduct a rodeo or rodeo school must, in the application for a permit, nominate a veterinary surgeon who will attend the rodeo or rodeo school in accordance with the conditions of the permit.

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Part 2—Protection of Animals r. 10

(4) A person who proposes to conduct a rodeo school must, in the application for a permit, nominate an instructor-in-charge and, for each class of instruction, an instructor.

_______________

Reg. 10(4) substituted by

S.R. No.

65/2001 reg. 4(2).

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Part 3—Scientific Procedures

PART 3—SCIENTIFIC PROCEDURES

Division 1—Particular Scientific Procedures

11. Certain procedures etc. are not scientific procedures

For the purposes of paragraph (j) of the definition of "scientific procedure" in section 25 of the Act, a procedure, test, experiment, inquiry, investigation or study which is carried out on or in connection with any live fish or live crustacean for a purpose set out in paragraphs (c) to (f) of that definition is prescribed.

12. Regulation of certain scientific procedures

(1) A person must not carry out any scientific procedure or series of related scientific procedures known as the Draize test using the conjunctival sac of rabbits to determine the relative irritancy of a chemical or a cosmetic, toilet, household or industrial preparation.

(2) A person must not carry out any scientific procedure or series of related scientific procedures involving 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 unless—

(a) the scientific procedure is related to—

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

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

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

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(c) the scientific procedure is recommended for approval by a Peer Review Committee established under section 34 of the Act; and

(d) the scientific procedure is approved by the

Minister; and

(e) the scientific procedure is carried out in accordance with any conditions determined by the Minister.

Division 2—Scientific Establishments

13. Scientific establishment licences

For the purposes of section 26(1) of the Act—

(a) an application for the issue or renewal of a scientific establishment licence must be in the form in Schedule 6; and

(b) a scientific establishment licence must be in the form in Schedule 7.

14. Prescribed minimum standards at scientific establishments

For the purposes of section 26(2)(g) of the Act, the prescribed minimum standards with which the facilities and equipment at the premises or part of the premises specified in a scientific establishment licence must comply are—

(a) the facilities used for housing or holding animals must be clean and kept in good order and repair; and

(b) the equipment used for animals undergoing scientific procedures must be clean and kept in good order and repair.

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15. Prescribed minimum conditions for scientific establishments

For the purposes of section 26(2)(i) of the Act, the prescribed conditions in relation to scientific procedures for the scientific establishment in respect of which the licence is issued are set out in

Part A of the form of licence in Schedule 7.

16. Scientific establishment returns

(1) The person in charge of a scientific establishment must, by 31 January in each year, forward to the

Secretary, a return in the form of Schedule 8 for each project in the course of which animals were used by the scientific establishment during the

12 months ending on 31 December in the previous year.


(2) The person in charge of the scientific establishment must, in respect of the return or returns forwarded to the Secretary under subregulation (1)—

(a) ensure that all scientific procedures approved by the Animal Experimentation Ethics

Committee for the establishment have been accounted for in the return or returns; and

(b) ensure that all animal usage in all scientific procedures conducted by the scientific establishment has been accurately reported in the return or returns; and

(c) make a declaration verifying the facts contained in the return or returns.


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(3) If a return for a project has been submitted in the previous year with a particular Animal

Experimentation Ethics Committee Approval number, the person in charge of the scientific establishment must ensure that all subsequent returns for that project refer to that number.

17. Transfer of scientific establishment licences

(1) A person in charge of a scientific establishment to whom a licence has been issued for that establishment and who wishes to obtain the consent of the Secretary to transfer the licence to another person may apply to the Secretary for consent in the form in Schedule 9.

(2) If the members of the Animal Experimentation

Ethics Committee have changed since the application for or any transfer of the licence, an application under sub-regulation (1) must be accompanied by the names of any new members of the Committee and their qualifications for membership of the Committee.

Division 3—Breeding Establishments

18. Breeding establishment licences

For the purposes of section 29(1) of the Act—

(a) an application for the issue or renewal of a breeding establishment licence must be in the form in Schedule 10; and

(b) a breeding establishment licence must be in the form in Schedule 11.

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19. Standards at breeding establishments

For the purposes of section 29(2)(a) of the Act, the prescribed standards with which the facilities and equipment at the breeding establishment must comply are that the facilities for housing and handling specified animals at the establishment are clean and kept in good order and repair.

20. Prescribed conditions for breeding establishments

For the purposes of section 29(2)(b) of the Act, the prescribed conditions are set out in Part A of the form of licence in Schedule 11.

21. Transfer of breeding establishment licences

A person in charge of a breeding establishment to whom a licence has been issued for that establishment and who wishes to obtain the consent of the Secretary to transfer the licence to another person may apply to the Secretary in the form in Schedule 12.

_______________

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Part 4—Miscellaneous

PART 4—MISCELLANEOUS

22. Identification certificates

(1) For the purposes of section 19(1) of the Act, an identification certificate issued—

(a) to an inspector must be in the form in

Schedule 13;

(b) to a specialist inspector must be in the form in Schedule 14.

(2) For the purposes of section 35(4) of the Act, an identification certificate issued to an authorised officer must be in the form in Schedule 15.

23. Orders for the destruction or treatment of animals

For the purposes of section 35(7)(b) of the Act, an order must be in the form in Schedule 16.

24. Fees

The prescribed fees for the purposes of the Act are as follows—

Section of Act Provision Fee

Section 16(1) For the issue of a rodeo permit—

 for the first day of the rodeo

 for each subsequent day

Section 16(1) For the issue of a rodeo school permit

Section 26(1) For the issue or renewal of a scientific establishment licence— for each year or part of a year

$51.00

$25.00

$26.00

$276.00

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S.R. No. 159/1997

Part 4—Miscellaneous

Section of Act Provision

Section 26(4) For the transfer of a scientific establishment licence to a new person in charge

Section 29(1) For the issue or renewal of a breeding establishment licence— for each year or part of a year

Section 29(4) For the transfer of a breeding establishment licence to a new person in charge

Fee

$60.00

$384.00

$22.00

__________________

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S.R. No. 159/1997

SCHEDULES

SCHEDULE 1

Regulation 4

REGULATIONS REVOKED

S.R. No. Title

360/1986 Prevention of Cruelty to Animals Regulations 1986

79/1988 Prevention of Cruelty to Animals (Fees) Regulations 1988

439/1988 Prevention of Cruelty to Animals (Amendment) Regulations

1988





1994


1995


52/1996

73/1997

Prevention of Cruelty to Animals (Amendment) Regulations

1996

Prevention of Cruelty to Animals (Amendment) Regulations

1997

__________________

Sch. 1

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Sch. 2

Sch. 2 amended by

S.R. No.

65/2001 reg. 4(1)(b).

SCHEDULE 2

Regulation 8(1)

APPLICATION FOR A PERMIT TO CONDUCT A RODEO

I,

(Name in full) of

(Residential address) apply for a permit to conduct a rodeo to be held at

(Location)

Program events:

Commencing Date:

(List all events. If insufficient space, attach list.)

Time: am/pm.

Finishing Date: Time: am/pm.

I nominate:

(Name of veterinary surgeon) of

(Address) as the veterinary surgeon to be in attendance at all times when the rodeo is being conducted.

I nominate

(Name of stock contractor) of

(Address) as the stock contractor for the supply of stock for the rodeo.

I declare that if a permit is issued in respect of this application I undertake to exercise due care in the management and control of all aspects of the rodeo and, in particular, to—

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(a) conduct the rodeo in accordance with the conditions contained in the permit; and

(b) provide conditions and facilities for animals at the rodeo which conform to the conditions contained in the permit.

Date: Signature of applicant:

__________________

Sch. 2

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Sch. 3


S.R. No.

65/2001 reg. 4(1)(c)

(i)(ii).

SCHEDULE 3

Regulation 8(2)

PERMIT TO CONDUCT A RODEO

Subject to the conditions set out below in Part A of this permit, permission is granted to:

(Name in full) to conduct a rodeo at:

(Location) on: between the hours of

Veterinary surgeon in attendance:

(Dates) and

Stock contractor for the supply of stock:

Date:

1.

2.

3.

4.

5.

6.

PART A—CONDITIONS OF PERMIT

This permit must be produced on demand to an inspector under section 18 of the Prevention of Cruelty to Animals Act 1986 .

The rodeo must not commence or continue unless the veterinary surgeon and the stock contractor nominated on this permit are in attendance at the rodeo during any event that includes buck jumping, rough-riding, animal dogging, roping or tying.

Animals other than cattle and horses are not permitted to take part in the rodeo.

Cattle and horses must be penned separately in the yards and aggressive or injured animals must be isolated from other animals.

Mares with foals at foot or cows with calves at foot must not to be yarded or used in connection with a rodeo.

An animal that weighs less than 200 kilograms must not be permitted to take part in the rodeo.

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S.R. No. 159/1997

7.

8.

An animal that is lame, sick, injured or has defective eyesight must not be permitted to take part in the rodeo.

The permit holder must ensure that the stock contractor nominated to supply animals for the rodeo—

(a) provides adequate food, water and shelter for all stock involved in the rodeo; and

(b) takes responsibility for all stock; and

(c) accepts and implements the instructions of the nominated veterinary surgeon in attendance in relation to the fitness or otherwise of any animal taking part and the decision of that veterinary surgeon in relation to the need for the treatment or destruction of any sick or injured animal.

9. An electric charge must not be used in connection with the movement or herding of an animal other than by means of a battery-loaded device known as a "Cattle Prodder". The "Cattle Prodder" must be used only on the hip or shoulder areas of the animal.

10. A stimulant or hypnotic substance must not be used on, or provided to, an animal that is to take part in the rodeo.

11. A flank strap must incorporate a quick-release device that is lined to effectively prevent injury or undue discomfort to the animal. Sharp or cutting objects must not be used in a cinch, saddle, girth or flank strap.

12. Paddles, fully-locked rowels or rowels that are capable of being fullylocked on spurs must not be used on a horse. Loose ropes must not be used on any animal in bareback riding events.

13. The arena must be free of rocks, holes and obstacles.

14. Small animals or pets are not permitted in the arena.

15. An animal must be immediately removed from the arena after completing an event.

16. An animal that is injured in the arena must be removed by a conveyance if the animal is unable to walk. A suitable conveyance must be available for this purpose at all times during the rodeo.

17. Mobile screens must be available at all times during the rodeo and, if it is necessary to destroy an injured animal, the screens must be placed around the animal to effectively screen the incident from public view before the animal is destroyed, unless this would unduly prolong the suffering of the animal.

18. Chutes must be constructed in a manner that will prevent injury to an animal.

Sch. 3

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Sch. 3


S.R. No. 159/1997

19. A sufficient number of persons must be stationed at the chute to remove or release any animal that becomes caught.

20. An animal in the chute that becomes excessively excited or in any way appears to be in danger of injury must be immediately released.

21. The use of fireworks is prohibited at the rodeo while any stock are in the arena.

22. Entertainers, such as clowns, must not be permitted to abuse, tease or torment in any manner whatsoever, any animal taking part in the rodeo.

23. A person under the influence of liquor or drugs must not be permitted to take part in any rodeo event or to handle animals in the holding yards, chute or arena.

PART B—INFORMATION

Your attention is drawn to the fact that the Minister is authorised by the

Prevention of Cruelty to Animals Act 1986 to vary or cancel this permit.

This permit may be cancelled if the holder contravenes the Act or the regulations or any conditions set out in Part A.

__________________

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Sch. 4

SCHEDULE 4

Regulation 9(1)

APPLICATION FOR A PERMIT TO OPERATE A RODEO SCHOOL


S.R. No.

65/2001 reg. 4(1)(d)

(i) –(iii).

I,

(Name in full) of

(Residential address) apply for a permit to operate a rodeo school to be held at

(Location)

Rodeo events in which classes will be conducted:

(List all events. If insufficient space, attach list.)

Dates on which the rodeo school will be held:

Date:

Date:

Time from: to:

Time from: to:

(If insufficient space, attach list.)

I nominate:

(Name of veterinary surgeon) of:

(Address) as the veterinary surgeon to inspect stock prior to the conduct of the rodeo school, to be available on request during the conduct of the school and to inspect stock at the conclusion of the school.

I nominate

(Name of stock contractor) of

(Address) as the stock contractor for the supply of stock for the rodeo school.

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S.R. No. 159/1997

I nominate the following Instructor/s for each class:

Event Instructor

I nominate the following Instructor as the Instructor-in-charge:

(Name of Instructor)

I declare that if a permit is issued in respect of this application I undertake to exercise due care in the management and control of all aspects of the rodeo school and, in particular, to—

(a) conduct the rodeo school in accordance with the conditions contained in the permit; and

(b) provide conditions and facilities for animals at the rodeo school which conform to the conditions contained in the permit.


__________________

20


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Sch. 5

SCHEDULE 5

Regulation 9(2)

PERMIT TO OPERATE A RODEO SCHOOL


S.R. No.

65/2001 reg. 4(1)(e)

(i) –(iv).

Subject to the conditions set out below in Part A of this permit, permission is granted to:

(Name in full) to operate a rodeo school at:

(Location) at the following times and dates:

Veterinary surgeon nominated to be on stand-by during the rodeo school:

Stock contractor nominated for the supply of stock:

Instructors:

Instructor-in-charge:

Date:

1.

2.

3.

4.

5.

6.

7.

PART A—CONDITIONS OF PERMIT

This permit must be produced on demand to an inspector under section 18 of the Prevention of Cruelty to Animals Act 1986 .

The rodeo school must not commence unless the veterinary surgeon and the stock contractor nominated on this permit are in attendance at the commencement of the school.

The nominated veterinary surgeon must attend the rodeo school before the commencement of the school and be available during the conduct of the school.

Animals other than cattle and horses are not permitted to be used for instruction at the rodeo school.

Cattle and horses must be penned separately in the yards and aggressive or injured animals must be isolated from other animals.

Mares with foals at foot or cows with calves at foot must not to be yarded or used in connection with a rodeo school.

An animal that weighs less than 200 kilograms must not be permitted to be used for instruction at the rodeo school.

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S.R. No. 159/1997

8.

9.

An animal that is lame, sick, injured or has defective eyesight must not be permitted to take part in the rodeo school.

The permit holder must ensure that the stock contractor nominated to supply animals for the rodeo school—

(a) provides adequate food, water and shelter for all stock involved in the rodeo school; and

(b) takes responsibility for all stock; and

(c) accepts and implements the instructions of the nominated veterinary surgeon in attendance in relation to the fitness or otherwise of any animal taking part and the decision of that veterinary surgeon in relation to the need for the treatment or destruction of any sick or injured animal.

10. An electric charge must not be used in connection with the movement or herding of an animal other than by means of a battery-loaded device known as a "Cattle Prodder". The "Cattle Prodder" must be used only on the hip or shoulder areas of the animal.

11. A stimulant or hypnotic substance must not be used on, or provided to, an animal that is to take part in the rodeo school.

12. A flank strap must incorporate a quick-release device that is lined to effectively prevent injury or undue discomfort to the animal. Sharp or cutting objects must not be used in a cinch, saddle, girth or flank strap.

13. Paddles, fully-locked rowels or rowels that are capable of being fullylocked on spurs must not be used on a horse. Loose ropes must not be used on any animal in bareback riding instruction at the rodeo school.

14. The training area must be free of rocks, holes and obstacles.

15. Small animals or pets are not permitted in the training area.

16. An animal that is injured in the training area must be removed by a conveyance if the animal is unable to walk. A suitable conveyance must be available for this purpose at all times during the rodeo school.

17. Chutes must be constructed in a manner that will prevent injury to an animal.

18. A sufficient number of persons must be stationed at the chute to remove or release any animal that becomes caught.

19. An animal in the chute that becomes excessively excited or in any way appears to be in danger of injury must be immediately released.

20. The use of fireworks is prohibited at the rodeo school.

21. A person under the influence of liquor or drugs must not be permitted to take part in any rodeo school or to handle animals in the holding yards, chute or training area.

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PART B—OTHER INFORMATION

Your attention is drawn to the fact that the Minister is authorised by the

Prevention of Cruelty to Animals Act 1986 to vary or cancel this permit.

This permit may be cancelled if the holder contravenes the Act or the regulations or any of the conditions set out in Part A.

__________________

Sch. 5

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S.R. No. 159/1997

SCHEDULE 6

Regulation 13(a)

APPLICATION FOR THE ISSUE OR RENEWAL OF A SCIENTIFIC

ESTABLISHMENT LICENCE

I,

(Name in full) being the person in charge of the division, branch or other organisational unit of: known as:

(Name of scientific establishment) located at:

(Address of premises) apply for *a licence or *renewal of a licence for that scientific establishment.

I declare that—

(a) I am the person who will be responsible for ensuring that the above establishment complies with all of the relevant requirements of the

Prevention of Cruelty to Animals Act 1986 , the Prevention of

Cruelty to Animals Regulations 1997 and any relevant Code of

Practice made under the Act; and

(b) an Animal Experimentation Ethics Committee, which includes a representative of the public with appropriate experience in animal welfare, has been established for this scientific establishment; and

(c) the names of the members of the Animal Experimentation Ethics

Committee and their qualifications for membership of the Committee are listed on the reverse side of this application; and

(d) scientific procedures other than those carried out in respect of approved field work will be carried out only in the following premises:

; and

(Name of premises)

(e) all scientific procedures will be carried out in accordance with the Act, the regulations and any relevant Code of Practice.


*Strike out the words that do not apply.

__________________

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S.R. No. 159/1997

SCHEDULE 7

2.

Regulation 13(b)

SCIENTIFIC ESTABLISHMENT LICENCE

(Name of scientific establishment) at

(Address of scientific establishment) is licensed under section 26 of the Prevention of Cruelty to Animals Act

1986 as a scientific establishment until 30 June .

This licence authorises the carrying out of scientific procedures on or in connection with animals in the following premises:

(Address of premises) and the carrying out of approved field work by the establishment.

The person in charge, who is to be responsible for ensuring that all of the conditions attached to this licence are complied with, is:

(Name in full)

This licence is issued subject to the following conditions—

PART A—PRESCRIBED CONDITIONS

1. The licensee must keep a record on a monthly basis, in respect of the establishment as a whole, of—

(a) any program of scientific procedure or of any series of related scientific procedures approved by the Animal Experimentation

Ethics Committee; and

(b) the number and species of specified animals at the establishment on the first working day of each month; and

(c) the number and species of specified animals sold or delivered to other scientific establishments; and

(d) the number and species of specified animals destroyed without being used in scientific procedures and the date of their destruction.

All records required to be kept by the licensee under this licence and the Prevention of Cruelty to Animals Regulations 1997 must be retained on the premises for 3 years and be sent to the Secretary if the premises are closed.

25

Sch. 7

Sch. 7


S.R. No. 159/1997

Date:

PART B—ADDITIONAL CONDITIONS IMPOSED BY THE

SECRETARY

__________________

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S.R. No. 159/1997

SCHEDULE 8

Regulation 16

RETURN OF ANIMAL USAGE FOR SCIENTIFIC PROCEDURES

(Please complete one of these returns for each approved project)

Period ending 31 December 19

Scientific Establishment.............................AEEC Approval Number............

OFFICE USE ONLY

1. PROJECT MISSION

01 the understanding of human or animal biology

02 the maintenance or improvement of human health and welfare

03 the maintenance or improvement of animal health and welfare

04 the improvement of animal management or production

05 the achievement of educational objectives

06 the maintenance of ecological integrity

2. PROJECT GOAL

01 Animal management: the improvement of the keeping, handling, feeding, breeding, transportation, sale, killing, hunting, catching, trapping, netting, marking, genetic typing, care, use or husbandry or management of farm or laboratory animals.

02 Biological mechanisms: normal structures, mechanisms, functions or responses of organisms, organs, tissues or cells

(including fundamental studies in pharmacology or toxicology).

03 Diseases—intrinsic: arising from disturbances in biological structures mechanisms, functions, responses or endogenous substances.

04 Diseases—extrinsic: arising from the intake of or contact with exogenous substances or physical agents of biological or other origin.

05 Diseases—transmissible: arising from the existence, penetration or attachment of transmissible organisms or subcellular agents capable of replication or colonising in or on the body for the whole or part of their life cycle.

06 Environmental monitoring: the monitoring of environmental toxicants.

07 Genetic engineering: the development of

DNA, gene or embryo manipulative technology intended to alter an animal's development, productivity, quality or reproductive capacity.

08 Pest animal control: research and development of procedures for the control of in/vertebrate pest animals.

09 Physiological alteration: the experimental modification of the physiology of an animal so as to alter its development, productivity, quality or reproductive capacity.

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S.R. No. 159/1997

10 Product harvesting: the extraction or derivation of any organ, tissue, material or substance from the body of an animal for medicinal, surgical or scientific purposes including those made compatible with humans by genetic technology.

11 Techniques—remedial or diagnostic: the acquisition, development, improvement, demonstration or exercising of techniques.

12 Vaccines, chemicals, substances, drugs or other materials: applied research, development or quality control including toxicological evaluation and safety or potency or efficacy testing.

13 Wildlife: the management or conservation of wildlife species.

3. PROJECT FOCUS

01 bacteria

02 behaviour

03 bionic appliance

04 blood or its constituents

05 cardiovascular

06 cell targeting

07 chlamydiae

08 chemotherapy

09 chemical mediation

10 degenerative

11 dental or oral

12 development, growth or ageing

13 diagnosis

14 dermatology

15 dna recombination

16 drug or substance abuse

17 fertility/fecundity

18 fungi

19 gastrointestinal

20 gene regulation or expression

21 gene therapy

22 genetic typing

23 hepatic or biliary

24 hormones or autacoids

25 immunity

26 immunotherapy

27 implantation

28 infection

29 mental health

30 metabolism

31 metazoa

32 musculoskeletal

33 nervous system central

34 nervous system peripheral

35 neoplasia

36 nutrition

37 obesity

38 ophthalmological

39 otolaryngological

40 pancreas

41 pain or stress

42 parasitism

43 pharmacokinetics/dynamics

44 poisoning by animal toxins

45 poisoning by other means

46 product production

47 product registration

48 protozoa

49 physical or chemical injury

50 radiation

51 radioisotopes

52 regeneration

53 respiratory

54 rickettsiae

55 sleep

56 surgery

57 synthetic materials

58 trauma

59 transplantation

60 transmission

61 toxicokinetics/dynamics

62 urinary

63 vaccines

64 virus

65 virulence

66 xenotransplantation

67 other

4. CATEGORY OF PROCEDURE

01 Observational studies: eg feeding trial, observation with minor interference

02 Animal unconscious without recovery: eg animal killed prior to commencement of project, procedures under anaesthesia without recovery

03 Minor conscious intervention, no anaesthesia: eg injections, blood sampling; minor dietary or environmental manipulation

04 Minor surgery under anaesthesia with recovery: eg biopsies or cannulations

05 Surgery under anaesthesia with recovery: eg orthopaedic, abdominal or thoracic surgery

06 Minor physiological challenge: eg minor infection, minor or moderate genetic deformity, early oncogenesis

07 Physiological challenge: eg infection, oncogenesis without pain alleviation; environmental deprivation for extended periods

08 Death as an end point

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5. PARTICULAR PROCEDURES

01 attachment or insertion of devices for long term direct or telemetric monitoring

02 adversive stimuli, electrical or other, for behavioural training, or for inducing a state of stress integral to the experiment

03 burning or scalding

04 cell, tissue, organ culture

05 exposure to ionising radiation

06 gene manipulative technology

07 immunomodulatory methods

08 induction of psychological stress other than by the means specified in 02

09 induction of disease states by chemical means

10 induction of neoplasia

11 induction of infection of any description

12 infliction of physical trauma to simulate human injury other than that in 03

13 in vivo production of monoclonal antibody

14 in vivo production of polyclonal antibody

15 interference with the central nervous system or any of the special senses or brain centres controlling them

15–01 for behavioural studies

15–02 for other studies

16 other surgical or mechanical interference to body systems

17 prolonged anaesthesia

18 Other procedure

6. AGENTS TESTED

01 not applicable

02 alcohol

03 anaesthetics and analgesics

04 anthelmintics

05 anti-infectives

06 antineoplastics

07 antiparasiticals

08 antisense drugs

09 antitoxins/antivenenes

10 chemical mediators

11 chemicals used in agriculture

12 chemicals used in industry

13 chemicals used in the household

14 chemicals used in pest animal control

15 cosmetics and toiletries

15–01 ingredients

15–02 finished products

16 drugs of human addiction/abuse

17 environmental pollutants

18 food additives

19 foodstuffs other than additives

20 heavy metals

21 herbicides

22 immunological mediators

23 natural products

24 pesticides

25 pharmaceuticals

26 proteins or peptides

27 tobacco and its substitutes

28 toxins—of animal origin

29 toxins—of plant origin

30 vaccines

31 other

7. TYPE OF TEST

01 not applicable

02 lethality testing

03 other acute toxicity tests

04 chronic toxicity tests

05 carcinogenicity testing

06 mutagenicity testing

07 teratological testing

08 other reproductive toxicity tests

09 efficacy tests

10 potency testing

11 pyrogenicity testing

12 quality control tests

13 biotic systems testing

14 distribution, metabolism, excretion and residue tests

15 other testing

8. APPLICATION OF AGENT

01 Not applicable

02 Oral

03 Parenteral

04 Inhalation

05 Ocular

06 Percutaneous

07 Other

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S.R. No. 159/1997

Animals undergoing procedures according to the requirements of this project

Type of

Animal

Number

Used (*)

Repeat

Count

Duration of use Source Fate Comment

Office use

Enter the appropriate code in the table above—use a separate line for each variant in the project as specified by the column headings.

(*) The number of animals held as stock or used in the production of conventionally bred animals or transgenic lines is not required unless the production process itself was of an experimental nature and the subject of this project. The number of animals born incidentally during the course of this project is not required.

In the case of projects conducted in collaboration with another scientific establishment please ensure that this return is not duplicated.

9. TYPE OF ANIMAL

Laboratory Mammals

01 Mouse

02 Rat

03 Guinea pig

04 Rabbit

05 Other

Stock Animals

06 Sheep

07 Horses

08 Goats

09 Pigs

10 Cattle

11 Domestic Poultry

12 Other

Birds

13 Domestic

14 Native

15 Other

Aquatic Animals

16 Crustaceans

17 Fish

18 Amphibians

19 Cephalopods

20 Other

Reptiles

21 Lizards

22 Snakes

23 Tortoises

24 Other

Domestic Mammals

25 Cats

26 Dogs

27 Other

Primates

28 Marmosets

29 Macaques

30 Baboons

31 Other

Native Animals

32 Macropods

36 Wombats

37 Koalas

38 Other

Other Exotic Mammals

39 Please specify

33 Possums, Gliders

34 Native Rats, Mice

35 Dasyurids

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10. REPEAT COUNT

01 Recorded in a return for another project for this interval

02 Recorded in a return for this project for a previous interval

03 Recorded in a return for another project for a previous interval

04 Not applicable

11. DURATION OF USE

01 Less than one week

02 One week to six months

03 Six to twelve months

04 Over twelve months

12. SOURCE OF ANIMALS

Note: "Specified animals" as referred to below is the term as defined in the Act—it means guinea pig and rat, mouse or rabbit other than a rat, mouse or rabbit bred in its native habitat

Specified animals

01 Own derivation

02 Imported from interstate

03 Imported from overseas

04 Victoria—from a licensed Breeding

Establishment

05 Victoria—other licensed Scientific

Establishment

06 Victoria—elsewhere

__________________

Livestock and other domestics

07 Own derivation

08 Commercial supplier

09 Private donation

10 Municipal pound

11 Animals on a privately owned farm

Wildlife/ primates

12 Animals in their natural habitat

13 Removed from natural Victorian habitat for the project

14 Removed from other Australian natural habitat for the project

15 Animals in zoos and related facilities

16 Victorian primate supply facility

17 Other Australian primate supply facility

13. FATE OF ANIMALS USED

01 Killed immediately for the purpose of obtaining organs or tissues or fluids

02 Died as result of a procedure during the project

03 Died from some other cause during the project

04 Killed during or at the end of the project

05 Alive at the end of the project which is now completed

06 Alive at the end of the interval and still participating in this ongoing project

Sch. 8

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S.R. No. 159/1997

SCHEDULE 9

Regulation 17

APPLICATION FOR THE TRANSFER OF A SCIENTIFIC


PART A—TO BE COMPLETED BY THE PRESENT PERSON IN

CHARGE

I,

(Name in full) being the person in charge of the division, branch or other organisational unit of: known as:

(Name of scientific establishment) at:

(Address of premises) apply for the consent of the Secretary to have the licence that was issued to the above establishment (and which named me as the person in charge) transferred to:

(Name of new person in charge) who will be the person in charge with effect from:

The current licence (naming me as the person in charge) is attached to this application.

Date: Signature of present person in charge:

PART B—TO BE COMPLETED BY THE NEW PERSON IN CHARGE

I,

(Name in full) declare that—

(a) I am the person who will be responsible for ensuring that the above establishment complies with all of the relevant requirements of the

Prevention of Cruelty to Animals Act 1986 , the Prevention of

Cruelty to Animals Regulations 1997 and any relevant Code of

Practice made under the Act; and

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S.R. No. 159/1997

(b) an Animal Experimentation Ethics Committee which includes a representative of the public with appropriate experience in animal welfare, has been established for this scientific establishment and will continue to operate*; and

(c) scientific procedures other than approved field work will be carried out only in the following premises:

; and

(Name of premises)

(d) all scientific procedures will be carried out in accordance with the Act, the regulations and any relevant Code of Practice.

Date: Signature of new person in charge:

* If the members of the Animal Experimentation Ethics Committee have changed since the application for or any transfer of the licence, list the names of new members of the Committee and their qualifications for membership of the Committee on the reverse side of this application.

__________________

Sch. 9

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S.R. No. 159/1997

SCHEDULE 10

Regulation 18(a)

APPLICATION FOR THE ISSUE OR RENEWAL OF A BREEDING


I,

(Name in full) being the person in charge of:

(Name of breeding establishment) located at:

(Address of premises) apply for * a licence or * renewal of a licence to conduct the above premises as a breeding establishment.

I declare that the breeding of specified animals will be carried out in accordance with the Prevention of Cruelty to Animals Act 1986 , the

Prevention of Cruelty to Animals Regulations 1997 and any relevant Code of

Practice made under the Act.


* Strike out the words that do not apply.

__________________

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S.R. No. 159/1997

SCHEDULE 11

Regulation 18(b)

BREEDING ESTABLISHMENT LICENCE

(Name of breeding establishment) at

(Address of breeding establishment) is licensed under section 29 of the Prevention of Cruelty to Animals Act

1986 as a breeding establishment until 30 June .

This licence authorises the breeding of specified animals for sale or delivery to scientific establishments, such specified animals being guinea pigs, and rats, mice and rabbits that have not been bred in their native habitat.

The person in charge, who is to be responsible for ensuring that all of the conditions attached to this licence are complied with, is:

(Name in full)

This licence is issued subject to the following conditions—

1.

2.

3.

PART A—PRESCRIBED CONDITIONS

The breeding of the animals specified in this licence is to be carried out in accordance with any relevant Code of Practice.

The licensee must keep a record on a monthly basis of—

(a) the number and species of specified animals at the establishment on the first working day of each month; and

(b) the number and species of specified animals sold or delivered to each scientific establishment; and

(c) the number and species of specified animals destroyed and the date of destruction.

All records required to be kept by the licensee under this licence and the Prevention of Cruelty to Animals Regulations 1997 must be retained on the premises for 3 years and be sent to the Secretary if the premises are closed.

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S.R. No. 159/1997

Date:

PART B—ADDITIONAL CONDITIONS IMPOSED BY THE

SECRETARY

__________________

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S.R. No. 159/1997

SCHEDULE 12

Regulation 21

APPLICATION FOR TRANSFER OF A BREEDING


PART A—TO BE COMPLETED BY THE PRESENT PERSON IN

CHARGE

I,

(Name in full) being the person in charge of

(Name of breeding establishment) at

(Address of premises) apply for the consent of the Secretary to have the licence that was issued to the above establishment (and which named me as the person in charge) transferred to:

(Name of new person in charge) who will be the person in charge with effect from:

The current licence (naming me as the person in charge) is attached to this application.

Date: Signature of present person in charge:

PART B—TO BE COMPLETED BY THE NEW PERSON IN CHARGE

I,

(Name in full) declare that the breeding of specified animals will be carried out in accordance with the Prevention of Cruelty to Animals Act 1986 , the

Prevention of Cruelty to Animals Regulations 1997 and any relevant Code of

Practice made under the Act.

Date: Signature of new person in charge:

__________________

Sch. 12

37

Sch. 13


S.R. No. 159/1997

SCHEDULE 13

Regulation 22(1)(a)

CERTIFICATE OF IDENTIFICATION AS AN INSPECTOR

The bearer whose signature appears in the margin is approved under section 18 of the Prevention of Cruelty to Animals Act 1986 as an inspector and is authorised to exercise any powers provided under section 21 of that Act.

Expiry Date 30/6/

No.

Minister

__________________

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S.R. No. 159/1997

SCHEDULE 14

Regulation 22(1)(b)

CERTIFICATE OF IDENTIFICATION AS A SPECIALIST

INSPECTOR

The bearer whose photograph and signature appear on this card is a specialist inspector appointed under section 18A of the Prevention of

Cruelty to Animals Act 1986 and is authorised to exercise any powers provided under section 22A of that Act.

Expiry Date 30/6/

No.

Minister

__________________

Sch. 14

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S.R. No. 159/1997

SCHEDULE 15

Regulation 22(2)

CERTIFICATE OF IDENTIFICATION AS AN AUTHORISED

OFFICER

The bearer whose photograph and signature appear on this card is appointed as an authorised officer under the Prevention of Cruelty to

Animals Act 1986 for the purpose of Part 3 of that Act generally or for the following specific purposes: and is authorised to exercise the powers under section 35(7) of that Act.

Expiry Date: 30/6/

No.

Minister

__________________

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S.R. No. 159/1997

SCHEDULE 16

Regulation 23

ORDER FOR THE DESTRUCTION, TREATMENT, HOUSING OR

FEEDING OF ANIMALS

To:

I, being an officer authorised under section 35 of the Prevention of Cruelty to Animals Act 1986 , order that—

*(a) the animals referred to below are to be destroyed for the following reasons:

*(b) the animals referred to below are to be treated as follows:

*(c) the animals referred to below are to be housed or fed in accordance with the Prevention of Cruelty to Animals Regulations 1997.

The animals to which this order applies are:

Date: Signature of authorised officer:

* Strike out the provisions that do not apply.

═══════════════

Sch. 16

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S.R. No. 159/1997

Endnotes

ENDNOTES

1.

General Information

The Prevention of Cruelty to Animals Regulations 1997, S.R. No. 159/1997 were made on 16 December 1997 by the Governor in Council under sections

15, 16, 19, 25, 26, 27, 29, 35 and 42 of the Prevention of Cruelty to

Animals Act 1986 , No. 46/1986 and came into operation on 22 December

1997: regulation 3.

The Prevention of Cruelty to Animals Regulations 1997 will sunset 10 years after the day of making on 16 December 2007 (see section 5 of the

Subordinate Legislation Act 1994 ).

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S.R. No. 159/1997

2.

Table of Amendments

This Version incorporates amendments made to the Prevention of Cruelty to

Animals Regulations 1997 by statutory rules, subordinate instruments and

Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Prevention of Cruelty to Animals (Amendment) Regulations 2001, S.R. No. 65/2001

Date of Making: 10.7.01

Date of Commencement: 2.8.01: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes

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S.R. No. 159/1997

Endnotes

3.

Explanatory Details

No entries at date of publication.

44

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1997

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Prevention of Cruelty to Animals Regulations

1997

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Prevention of Cruelty to Animals Regulations

1997

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1997

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