Prevention of Cruelty to Animals Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Prevention of Cruelty to Animals Amendment Regulations 2014 S.R. No. 135/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Conditions on scientific procedures premises licences 3 7 Conditions on scientific procedures field work licences 4 8 Amendments to Schedules 2, 3 and 4 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 135/2014 Prevention of Cruelty to Animals Act 1986 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 1 Objective The objective of these Regulations is— (a) to incorporate certain documents that apply to a licence issued under Part 3 of the Prevention of Cruelty to Animals Act 1986; and (b) to provide in certain circumstances for the carrying out of scientific procedures on non-human hominids; and (c) to make miscellaneous and consequential amendments. 2 Authorising provision These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986. -- 2 of 7 -- S.R. No. 135/2014 Prevention of Cruelty to Animals Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 October 2014. 4 Principal Regulations In these Regulations, the Prevention of Cruelty to Animals Regulations 20081 are called the Principal Regulations. 5 Definitions 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, 8 th edition published by the National Health and Medical Research Council, Canberra;"; (b) insert the following definition— "non-human hominid means 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 r. 3 -- 3 of 7 -- S.R. No. 135/2014 Prevention of Cruelty to Animals Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (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;". 6 Conditions on scientific procedures premises licences 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) it is in the best interests of the genus to which the non-human hominid belongs, and that the benefits to be derived from the use of the non-human hominid are not outweighed by the likely harm to the 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.". r. 6 -- 4 of 7 -- S.R. No. 135/2014 Prevention of Cruelty to Animals Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel 7 Conditions 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— (a) the Minister determines— (i) it is in the best interests of that non-human hominid; or (ii) it is in the best interests of the genus to which the non-human hominid belongs, and that the benefits to be derived from the use of the non-human hominid are not outweighed by the likely harm to the 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.". 8 Amendments to Schedules 2, 3 and 4 (1) In Schedule 2 to the Principal Regulations, for "[insert organisation]" substitute "[insert organisation if applicable]". (2) In Schedule 3 to the Principal Regulations, for "[insert organisation]" substitute "[insert organisation if applicable]". r. 7 -- 5 of 7 -- S.R. No. 135/2014 Prevention of Cruelty to Animals Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel (3) In Schedule 4 to the Principal Regulations, for "[insert organisation]" substitute "[insert organisation if applicable]". ═══════════════ r. 8 -- 6 of 7 -- S.R. No. 135/2014 Prevention of Cruelty to Animals Amendment Regulations 2014 6 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 162/2008 as amended by S.R. Nos 157/2011 and 37/2013. —— 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 regulation 5 of the Principal Regulations National Health and Medical Research Council (2013) Australian code for the care and use of animals for scientific purposes, 8 th edition published by the National Health and Medical Research Council (2013), Canberra, 26 June 2013 The whole Endnotes -- 7 of 7 --