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Prevention of Cruelty to Animals (Further Amendment) Regulations 2004

Legislation · Victoria · 2020
Victorian Legislation Parliamentary Documents i Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 S.R. No. 64/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Definitions 2 6. Consequential amendment 2 7. New Divisions 2, 3, 4 and 5 of Part 3 substituted 3 Division 2—Scientific Premises 3 13. Application for the issue or renewal of a scientific procedures premises licence 3 14. Conditions on scientific procedures premises licences 4 15. Approvals by Animal Ethics Committees 7 16. Minimum standards for scientific premises 8 Division 3—Scientific Procedures Field Work Licence 8 17. Application for the issue or renewal of a scientific procedures field work licence 8 18. Conditions on scientific procedures field work licences 10 19. Approvals by Animal Ethics Committees 12 Division 4—Specified Animals Breeding Licence 13 20. Application for the issue or renewal of a specified animals breeding licence 13 21. Conditions on specified animals breeding licences 14 22. Approvals by Animal Ethics Committees 17 23. Minimum standards for premises specified in a specified animals breeding licence 17 Division 5—Records, returns and other requirements 18 24. Completion of annual returns 18 25. Return of records 20 26. Variation to a licence or licence condition 20 27. Notification of change of nominated person 21 -- 1 of 39 -- Victorian Legislation Parliamentary Documents Regulation Page ii 8. New Part 4 substituted 22 PART 4—MISCELLANEOUS 22 28. Identification certificates 22 29. Orders for the destruction or treatment of animals 22 30. Fees 23 31. Service of infringement notice 24 32. Infringement penalties 24 33. Transitional provision 24 9. Substitution of Schedules 6, 7, 8, 9 and 10 25 SCHEDULE 6—Codes for Annual Returns 25 SCHEDULE 7—Certificate of Identification as an Inspector 31 SCHEDULE 8—Certificate of Identification as a Specialist Inspector 32 SCHEDULE 9—Certificate of Identification as an Authorised Officer 33 SCHEDULE 10 34 10. Revocation of Schedules 11, 12, 13, 14 and 15 34 11. Amendment to Schedule 16 34 ═══════════════ ENDNOTES 35 -- 2 of 39 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 64/2004 Prevention of Cruelty to Animals Act 1986 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 22 June 2004 Responsible Minister: BOB CAMERON Minister for Agriculture DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Prevention of Cruelty to Animals Regulations 1997 to prescribe— (a) conditions for licences and standards for scientific procedures and the breeding of specified animals carried out for the purposes of scientific procedures; (b) offences for which penalty infringement notices may be issued and the penalties for those offences; (c) the form of identification certificates for inspectors, specialist inspectors and authorised officers. -- 3 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 2 2. Authorising provision These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986. 3. Commencement These Regulations come into operation on 24 June 2004. 4. Principal Regulations In these Regulations, the Prevention of Cruelty to Animals Regulations 19971 are called the Principal Regulations. 5. Definitions In regulation 5 of the Principal Regulations insert the following definitions— ' "Australian code of practice" means the Australian code of practice for the care and use of animals for scientific purposes, 6th edition 1997 published by the Australian Government Publishing Service, Canberra September 1997; "Pound Animals code of practice" means the Code of Practice for the use of animals from municipal pounds in scientific procedures approved by the Governor in Council on 19 April 1988 and published in the Victorian Government Gazette G47 on 7 December 1988 at pages 3659–60;'. 6. Consequential amendment In regulation 11 of the Principal Regulations, for "section 25" substitute "section 3(1)". r. 2 -- 4 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 3 7. New Divisions 2, 3, 4 and 5 of Part 3 substituted For Divisions 2 and 3 of Part 3 of the Principal Regulations substitute— 'Division 2—Scientific Premises 13. Application for the issue or renewal of a scientific procedures premises licence For the purposes of sections 30(2) and 32J(2) of the Act, the prescribed particulars for an application for the issue or renewal of a scientific procedures premises licence are— (a) the name of the applicant; and (b) the name, title, address, phone, fax and email contact details of the person nominated under section 26(2) of the Act; and (c) the names, qualifications and experience of the members of each Animal Ethics Committee responsible for approving scientific procedures under the licence; and (d) the name and location of the scientific premises at which it is intended to carry out scientific procedures; and (e) a declaration from the applicant that— (i) there is a person nominated under section 26(2) of the Act; and (ii) one or more Animal Ethics Committees have been established by the applicant in accordance with the Australian code of practice; and r. 7 -- 5 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 4 (iii) the names of the members of each Animal Ethics Committee and their qualifications and experience are included with the application; and (iv) all scientific procedures will be carried out in accordance with the Act, these Regulations, the Australian code of practice and the Pound Animals code of practice; and (f) a declaration from the person nominated under section 26(2) of the Act that they consent to that nomination and that they agree to comply with all the relevant requirements of the Act, these Regulations, the licence, the Australian code of practice and the Pound Animals code of practice. 14. Conditions on scientific procedures premises licences For the purposes of section 30 of the Act, the following conditions are prescribed for a scientific procedures premises licence— (a) all scientific procedures must be carried out in accordance with the Act, these Regulations, the Australian code of practice and the Pound Animals code of practice; (b) the licence holder must establish and maintain one or more Animal Ethics Committees in accordance with the Australian code of practice for the period of the licence; r. 7 -- 6 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 5 (c) the licence holder must notify the Department Head of any change in membership of an Animal Ethics Committee within 14 days of the change taking effect; (d) no scientific procedure or program of scientific procedures may commence unless and until an Animal Ethics Committee has approved the— (i) scientific procedures; and (ii) premises at which the scientific procedures are to be carried out; and (iii) person or persons who will carry out the scientific procedures; (e) any person carrying out a scientific procedure under the scientific procedures premises licence must conduct the scientific procedure or program of scientific procedures, in accordance with the approval given by an Animal Ethics Committee; (f) the licence holder must keep a record, on a monthly basis, of— (i) any program of scientific procedures approved by an Animal Ethics Committee; and (ii) the number and species of specified animals at the scientific premises on the first working day of each month; and r. 7 -- 7 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 6 (iii) the source of the specified animals (which, in the case of animals bred outside Australia, must include the name and address of the supplier); and (iv) the number and species of specified animals destroyed without being used in scientific procedures and the date of their destruction; and (v) the number and species of live specified animals removed from the licensed scientific premises, the date of their removal and destination; (g) all scientific procedures must be carried out at the licensed scientific premises or at any other place or premises approved by an Animal Ethics Committee; (h) animal housing, facilities and equipment at the scientific premises must comply with the minimum standards specified in the Australian code of practice and regulation 16; (i) specified animals used in scientific procedures, must be bred at— (i) scientific premises for which a scientific procedures premises licence has been issued; or (ii) premises for which a specified animals breeding licence has been issued under the Act; or r. 7 -- 8 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 7 (iii) premises within Australia but outside Victoria which comply with all relevant requirements of the State or Territory in which the premises are located for the breeding of specified animals; or (iv) premises outside Australia; (j) the licence holder must notify the Department Head, in accordance with regulation 27, of any change to the person nominated under section 26(2) of the Act. 15. Approvals by Animal Ethics Committees (1) An Animal Ethics Committee established in accordance with the Australian code of practice may approve— (a) a scientific procedure or any program of scientific procedures that is to be carried out at the licensed scientific premises; (b) a scientific procedure or any program of scientific procedures that is to be carried out at a place or premises other than the scientific premises; (c) any other place or premises in or at which scientific procedures approved by the Animal Ethics Committee may be carried out; (d) the person or persons who will carry out the scientific procedures. (2) As soon as is practicable after approving any scientific procedure or program of scientific procedures to be carried out at a place or premises other than the licensed scientific premises, the Animal Ethics Committee r. 7 -- 9 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 8 responsible for approving the scientific procedure or program of scientific procedures must notify the Department Head in writing of the— (a) place or premises at which the scientific procedures are to be carried out; (b) nature of whole or part of the scientific procedures to be carried out at the other place or premises; (c) number and species of animals proposed to be used in the scientific procedure or program of scientific procedures. 16. Minimum standards for scientific premises The minimum standards with which the facilities and equipment at the licensed scientific premises must comply are— (a) the facilities used for housing or handling 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. Division 3—Scientific Procedures Field Work Licence 17. Application for the issue or renewal of a scientific procedures field work licence For the purposes of sections 32B and 32J(2) of the Act, the prescribed particulars for an application for the issue or renewal of a scientific procedures field work licence are— r. 7 -- 10 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 9 (a) the name of the applicant and the applicant's address, phone, fax and email contact details; (b) the name, address, phone, fax and email contact details of the person nominated by the applicant to be responsible for any procedures carried out under the licence; (c) the names, qualifications and experience of the members of each Animal Ethics Committee responsible for approving scientific procedures under the licence; (d) a declaration from the applicant that— (i) one or more Animal Ethics Committees have been established by the applicant in accordance with the Australian code of practice; and (ii) the names of the members of each Animal Ethics Committee and their qualifications and experience are included with the application; and (iii) all scientific procedures will be carried out in accordance with the Act, these Regulations, the Australian code of practice and the Pound Animals code of practice; (e) a declaration from the person nominated by the applicant to be responsible for procedures carried out under the licence that they consent to being named in the licence and that they agree to comply with all the r. 7 -- 11 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 10 relevant requirements of the Act, these Regulations, the licence, the Australian code of practice and the Pound Animals code of practice. 18. Conditions on scientific procedures field work licences For the purposes of section 32D(1) of the Act, the following conditions are prescribed for a scientific procedures field work licence— (a) all scientific procedures must be carried out in accordance with the Act, these Regulations, the Australian code of practice and the Pound Animals code of practice; (b) the licence holder must establish and maintain an Animal Ethics Committee in accordance with the Australian code of practice for the period of the licence; (c) the licence holder must notify the Department Head of any change in membership of an Animal Ethics Committee within 14 days of such change taking effect; (d) no scientific procedure or program of scientific procedures may commence unless and until the Animal Ethics Committee has approved the— (i) scientific procedures; and (ii) place or premises at which the scientific procedures are to be carried out; and (iii) person or persons who will carry out the scientific procedures; r. 7 -- 12 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 11 (e) any person carrying out a scientific procedure under the scientific procedures field work licence must conduct the scientific procedure or program of scientific procedures in accordance with the approval given by an Animal Ethics Committee; (f) the licence holder must keep a record, on a monthly basis, of— (i) any program of scientific procedures or any series of related scientific procedures approved by an Animal Ethics Committee; and (ii) the number and species of animals at any place or premises at which scientific procedures are carried out under the licence on the first working day of each month; and (iii) the source of the animals involved in scientific procedures (which, in the case of animals bred outside Australia, must include the name and address of the supplier); (g) animal housing, facilities and equipment at any premises at which scientific procedures are carried out under the licence must comply with the minimum standards specified in the Australian code of practice and in regulation 16; (h) specified animals used in scientific procedures must be bred at— (i) scientific premises for which a scientific procedures premises licence has been issued; or r. 7 -- 13 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 12 (ii) premises for which a specified animals breeding licence has been issued under the Act; or (iii) premises within Australia but outside Victoria which comply with all relevant requirements of the State or Territory in which the premises are located for the breeding of specified animals; or (iv) premises outside Australia; (i) the licence holder must notify the Department Head, in accordance with regulation 27, of any change to the person nominated by the licence holder to be responsible for any procedures carried out under the licence. 19. Approvals by Animal Ethics Committees (1) An Animal Ethics Committee established in accordance with the Australian code of practice may approve— (a) a scientific procedure or any program of scientific procedures which is to be carried out; (b) any place or premises as a place or premises in or at which a scientific procedure or program of scientific procedures approved by the Animal Ethics Committee may be carried out; (c) the person or persons who will carry out the scientific procedures. (2) As soon as practicable after approving any scientific procedure or program of scientific procedures, the Animal Ethics Committee responsible for approving the scientific procedure or program of scientific r. 7 -- 14 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 13 procedures must notify the Department Head in writing of the— (a) place or premises at which the scientific procedure or scientific procedures will be carried out; and (b) nature of whole or part of the scientific procedures; and (c) number and species of animals proposed to be used in the scientific procedure or scientific procedures. Division 4—Specified Animals Breeding Licence 20. Application for the issue or renewal of a specified animals breeding licence For the purposes of sections 32F(2) and 32J(2) of the Act, the prescribed particulars for an application for the issue or renewal of a specified animals breeding licence are— (a) the name of the applicant and the applicant's address, phone, fax and email contact details; (b) the name, address, phone, fax and email contact details of the person nominated by the applicant to be responsible for the breeding of specified animals under the licence; (c) a list of the premises at which the breeding of specified animals will be carried out; (d) the names, qualifications and experience of the members of each Animal Ethics Committee who are responsible for activities carried out under the licence; r. 7 -- 15 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 14 (e) a declaration from the applicant that— (i) one or more Animal Ethics Committees have been established by the applicant in accordance with the Australian code of practice; and (ii) the names of the members of each Animal Ethics Committee and their qualifications and experience are included with the application; and (iii) the breeding of specified animals will be carried out only in the premises listed by the applicant in the application and only in accordance with the Act, these Regulations, the licence and the Australian code of practice; (f) a declaration from the person nominated by the applicant to be responsible for breeding carried out under the licence that they consent to being named in the licence and that they agree to comply with all the relevant requirements of the Act, these Regulations and the Australian code of practice. 21. Conditions on specified animals breeding licences The following conditions apply to a specified animals breeding licence— (a) the breeding of specified animals must be carried out in accordance with the Act, these Regulations and the Australian code of practice; r. 7 -- 16 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 15 (b) a practice or procedure involving the— (i) surgical, medical or physical treatment of specified animals; or (ii) extraction or derivation of any tissue, material or substance from the bodies of specified animals— may only be conducted if the practice or procedure is necessary for the breeding, care or delivery of specified animals under the licence and is carried out in accordance with the Act and the Australian code of practice; (c) only specified animals that have not been bred in their native habitat may be used for breeding under a specified animals breeding licence; (d) breeding of specified animals by the licence holder may only take place at those premises described in the specified animals breeding licence issued to the licence holder; (e) the licence holder must establish and maintain an Animal Ethics Committee in accordance with the Australian code of practice for the period of the licence; (f) the licence holder must notify the Department Head of any change in membership of the Animal Ethics Committee within 14 days of the change taking effect; r. 7 -- 17 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 16 (g) practices or procedures to be conducted on specified animals which involve the— (i) surgical, medical or physical treatment of specified animals; or (ii) the extraction or derivation of any tissue, material or substance from the body of a specified animal— must be approved and monitored by the Animal Ethics Committee; (h) animal housing, facilities and equipment at the premises must comply with the minimum standards specified in the Australian code of practice and regulation 23; (i) the licence holder must keep a record on a monthly basis, of— (i) the number and species of specified animals at the premises on the first working day of each month; and (ii) the number and species of specified animals sold or delivered to each scientific premises; and (iii) the number and species of specified animals destroyed and the date of their destruction; (j) the licence holder must notify the Department Head in accordance with regulation 27 of any change to the person nominated by the licence holder to be responsible for any breeding of specified animals carried out under the licence. r. 7 -- 18 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 17 22. Approvals by Animal Ethics Committees An Animal Ethics Committee established in accordance with the Australian code of practice may approve— (a) a practice or procedure to be conducted on specified animals involving— (i) surgical, medical or physical treatment; or (ii) the extraction or derivation of any tissue, material or substance from the body of an animal— which is necessary to be carried out for the breeding, sale and delivery of specified animals; (b) the premises specified in the specified animals breeding licence as premises in or at which a practice or procedure approved by the Animal Ethics Committee may be carried out; (c) the person or persons who will carry out the scientific procedures. 23. Minimum standards for premises specified in a specified animals breeding licence The minimum standards with which the facilities and equipment at the premises specified in a specified animals breeding licence must comply are— (a) the facilities used for housing or handling animals must be clean and kept in good order and repair; and r. 7 -- 19 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 18 (b) the equipment used for animals undergoing scientific procedures must be clean and kept in good order and repair. Division 5—Records, returns and other requirements 24. Completion of annual returns (1) The holder of a scientific procedures premises licence, scientific procedures field work licence or a specified animals breeding licence must, on or before 1 March in each year, forward to the Department Head a return— (a) detailing the animals used in scientific procedures carried out under that licence or specified animals bred under that licence during the 12 months ending on 31 December in the previous year; or (b) if no animals were used in scientific procedures under the licence, a statement to that effect. Penalty: 5 penalty units. (2) A return under sub-regulation (1)(a) must specify the following matters— (a) the name of the licence holder; (b) the project number given to the project by the relevant Animal Ethics Committee; (c) the date the project was approved by the relevant Animals Ethics Committee; r. 7 -- 20 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 19 (d) the type of animal; (e) the source of the animals; (f) the procedure or breeding option; (g) the overall purpose; (h) the impact of the project on animals; (i) particular procedures; (j) the benefit focus of the project; (k) the number of animals that died or were humanely killed during the project or breeding program; (l) the number of animals used. (3) A return under sub-regulation (1)(a) may provide details of the matters in sub- regulation (2)(d) to (k) by reference to the appropriate code for that matter that is set out in Schedule 6. (4) The holder of a scientific procedures premises licence, scientific procedures field work licence or a specified animals breeding licence must not forward a return to the Department Head under sub-regulation (1) that the licence holder knows to contain false or misleading information. Penalty: 5 penalty units. (5) The holder of a scientific procedures premises licence, scientific procedures field work licence or a specified animals breeding licence must forward to the Department Head with the return or returns under sub- regulation (1)— (a) a declaration verifying the facts contained in the return or returns; and r. 7 -- 21 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 20 (b) a statement of the total number of projects approved by an Animal Ethics Committee under that licence. Penalty: 5 penalty units. (6) In this regulation, "animal" means an animal— (a) in the case of a mammal, bird or reptile, at or above the normal mid-point of the gestational cycle for the particular class of animal; or (b) in any other case, capable of independent feeding. 25. Return of records The holder of a scientific procedures premises licence, scientific procedures field work licence or specified animals breeding licence must keep all records required to be kept under the licence for 4 years and must send them to the Department Head if the licence holder ceases to hold that licence. Penalty: 5 penalty units. 26. Variation to a licence or licence condition For the purposes of section 32M of the Act, the prescribed particulars for an application to vary a licence or licence condition, are— (a) the type of licence; (b) the name and address of the licence holder; (c) a description of the proposed variation. r. 7 -- 22 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 21 27. Notification of change of nominated person (1) The holder of a scientific procedures premises licence, scientific procedures field work licence or specified animals breeding licence must notify the Department Head of any change to the nominated person within 14 days after the change in accordance with sub-regulation (2). (2) A notification under sub-regulation (1) must provide— (a) the name and address of the licence holder; and (b) the name of the current nominated person; and (c) the name, address, phone, fax and email contact details of the proposed new nominated person; and (d) the effective date of transfer; and (e) a declaration from the new nominated person that the person agrees to comply with all the relevant requirements of— (i) the Act, these Regulations, the licence and the Australian code of practice; and (ii) the Pound Animals code of practice, in the case of a scientific procedures premises licence or scientific procedures field work licence. r. 7 -- 23 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 22 (3) In this regulation, "nominated person" means a person nominated— (a) under section 26(2) of the Act; or (b) by the holder of a scientific procedures field work licence to be responsible for procedures carried out under that licence; or (c) by the holder of a specified animals breeding licence to be responsible for breeding carried out under that licence.'. 8. New Part 4 substituted For Part 4 of the Principal Regulations substitute— "PART 4—MISCELLANEOUS 28. 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 7; (b) to a specialist inspector must be in the form in Schedule 8. (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 9. 29. 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. r. 8 -- 24 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 23 30. 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— (a) for the first day of the rodeo; (b) for each subsequent day $51.00 $25.00 Section 16(1) For the issue of a rodeo school permit $26.00 Section 30(2) For the issue or renewal of a scientific procedures premises licence— for each year or part of a year— (a) 10 or more persons conducting scientific procedures; (b) fewer than 10 persons conducting scientific procedures $585.00 $390.00 Section 32B(2) For the issue or renewal of a scientific procedures field work licence—for each year or part of a year— (a) 10 or more persons conducting scientific procedures; $585.00 r. 8 -- 25 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 24 Section of Act Provision Fee (b) fewer than 10 persons conducting scientific procedures $390.00 Section 32F(2) For the issue or renewal of a specified animals breeding licence— for each year or part of a year $585.00 31. Service of infringement notice An offence against either of the following regulations is prescribed for the purposes of section 37A(1)(b) of the Act— (a) regulation 24(1); (b) regulation 24(5). 32. Infringement penalties For the purposes of section 37B of the Act the penalty for an offence for which an infringement may be issued is the penalty listed opposite that offence in Schedule 10. 33. Transitional provision An identification certificate issued before 24 June 2004 to an inspector, specialist inspector or authorised officer in the form prescribed in these Regulations as in force immediately before that date is to be treated as an identification certificate in the prescribed form for the purposes of the Act and these Regulations on and after that date until the date of expiry of the identification certificate.". r. 8 -- 26 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 25 9. Substitution of Schedules 6, 7, 8, 9 and 10 For Schedules 6, 7, 8, 9 and 10 of the Principal Regulations substitute— "SCHEDULE 6 Regulation 24 CODES FOR ANNUAL RETURNS 1. TYPE OF ANIMAL Code Description Laboratory Mammals 01 Ferret 02 Guinea pig* 03 Hamster 04 Mouse* 05 Rabbit* 06 Rat* 07 Other Stock Animals 08 Cattle 09 Deer 10 Domestic Poultry 11 Goats 12 Horses 13 Pigs 14 Sheep 15 Other Birds 16 Exotic captive 17 Exotic wild 18 Native captive r. 9 -- 27 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 26 19 Native Non-endemic 20 Native wild 21 Other Aquatic Animals 22 Amphibians 23 Cephalopods 24 Crustaceans 25 Fish 26 Other Reptiles 27 Lizards 28 Snakes 29 Tortoises 30 Other Domestic Animals 31 Cats 32 Dogs 33 Other Primates 34 Baboons* 35 Macaques* 36 Marmosets* 37 Other* Native Animals 38 Dasyurids 39 Macropods 40 Koalas 41 Native Rats, Mice 42 Possums, Gliders 43 Wombats 44 Other r. 9 -- 28 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 27 Exotic Feral Animals 45 Camels 46 Cats 47 Cattle 48 Goats 49 Hares 50 Horses 51 Mice 52 Pigs 53 Rabbits 54 Rats 55 Other exotic feral animals Zoo Animals 56 Other Zoo animals *Specified animals 2. SOURCE OF THE ANIMALS Code Description Specified animals: 01 Own derivation Interstate-licensed institution Imported from overseas Victoria—under a Specified Animals Breeding Licence 02 Other Livestock and other domestics, native animals, reptiles, aquatic, exotic and feral animals: 03 Own derivation 04 Commercial supplier 05 Private donation 06 Municipal pound 07 Privately owned animals on a farm r. 9 -- 29 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 28 08 Animals in their natural habitat 09 Removed from Australian natural habitat for the project 10 Australian captive colony/zoo 11 Other source 3. PROCEDURE OR BREEDING OPTION 01 Animals undergoing procedures 02 Specified animals for stock maintenance or breed development 4. OVERALL PURPOSE Code Description 01 The understanding of human or animal biology 02 The maintenance and improvement of human or animal health and welfare 03 The improvement of animal management or production 04 The achievement of educational objectives 05 Environmental objectives 06 Breeding (not final progeny) and/or maintenance stock 5. IMPACT OF THE PROJECT ON THE ANIMALS Code Description 01 Observational studies involving minor interference 02 Animal unconscious without recovery 03 Minor conscious intervention, no anaesthesia 04 Minor operative procedures with recovery 05 Surgery with recovery 06 Minor physiological challenge 07 Moderate to major physiological challenge r. 9 -- 30 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 29 08 Death as an end point 09 Conventional breeding only 10 Breeding for production of genetically modified animal or cloning 6. 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 Exposure to ionising radiation 05 Gene manipulative technology 06 Immunomodulatory methods 07 Induction of neoplasia 08 Induction of infection 09 Induction of other disease model 10 In vivo production of monoclonal antibody 11 In vivo production of polyclonal antibody 12 Interference with the central nervous system or any of the special senses or brain centres controlling them 13 Use of neuromuscular blocking agents or electro-immobilisation 14 Other procedure and breeding 7. BENEFIT FOCUS OF THE PROJECT Code Description 01 Fundamental biology/physiology 02 Diseases—human 03 Diseases—animal 04 Diseases—zoonotic 05 Environmental monitoring/ecology 06 Domestic animal management/production r. 9 -- 31 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 30 07 Wildlife management/conservation 08 Vertebrate pest management 09 Production of biological products 10 Xenotransplantation 11 Development of techniques—remedial, surgical, diagnostic 12 Educational 13 Training 14 Regulatory product testing (ie. Vaccines, chemical, drug evaluation) 15 Lethality testing 16 Breeding __________________ r. 9 -- 32 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 31 SCHEDULE 7 Regulation 28(1)(a) CERTIFICATE OF IDENTIFICATION AS AN INSPECTOR The bearer , who is an employee of the , and whose photograph and signature appear on this card, 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 __________________ r. 9 -- 33 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 32 SCHEDULE 8 Regulation 28(1)(b) CERTIFICATE OF IDENTIFICATION AS A SPECIALIST INSPECTOR The bearer , who is an employee of the , and 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 __________________ r. 9 -- 34 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 33 SCHEDULE 9 Regulation 28(2) CERTIFICATE OF IDENTIFICATION AS AN AUTHORISED OFFICER The bearer , who is an employee of the , and 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 purposes 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 __________________ r. 9 -- 35 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 34 SCHEDULE 10 Regulation 30 Section of Act Brief description of offence Prescribed penalty Section 15A(2) Failure to secure a dog on the tray of a motor vehicle or a trailer attached to a motor vehicle 1 penalty unit Regulation 24(1) Failure to provide an annual return to the Department Head 1 penalty unit Regulation 24(5) Failure to provide a declaration verifying the facts contained in an annual return and statement of approved projects 1 penalty unit ". 10. Revocation of Schedules 11, 12, 13, 14 and 15 Schedules 11, 12, 13, 14 and 15 of the Principal Regulations are revoked. 11. Amendment to Schedule 16 In Schedule 16 to the Principal Regulations for "Regulation 23" substitute "Regulation 29". ═══════════════ r. 10 -- 36 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 35 ENDNOTES 1 Reg. 4: S.R. No. 159/1997. Reprint No. 1 as at 1 November 2002. Reprinted to S.R. No. 65/2001. Subsequently amended by S.R. No. 23/2004. —— Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 13(e)(iv); Regulation 13(f); Regulation 14(a); Regulation 14(h); Regulation 17(d)(iii); Regulation 17(e); Regulation 18(a); Regulation 18(g); Regulation 20(f); Regulation 27(2)(e)(i) Australian code of practice for the care and use of animals for scientific purposes, 6th edition 1997, and published by the Australian Government Publishing Service, Canberra 1997. Whole document Endnotes -- 37 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 36 Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 13(e)(ii); Regulation 14(b); Regulation 15(1); Regulation 17(d)(i); Regulation 18(b); Regulation 19(1); Regulation 20(e)(i); Regulation 21(e); and Regulation 22 Australian code of practice for the care and use of animals for scientific purposes, 6th edition 1997, and published by the Australian Government Publishing Service, Canberra 1997. Introduction and sections 1, 2 and 3 Regulation 20(e)(iii); Regulation 21(a); Regulation 21(b); Regulation 21(h) Australian code of practice for the care and use of animals for scientific purposes, 6th edition 1997, published by the Australian Government Publishing Service, Canberra 1997. Introduction and sections 1, 2, 3 and 4 -- 38 of 39 -- Victorian Legislation Parliamentary Documents S.R. No. 64/2004 Prevention of Cruelty to Animals (Further Amendment) Regulations 2004 37 Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 13(e)(iv); Regulation 13(f); Regulation 14(a); Regulation 17(d)(iii); Regulation 17(e); Regulation 18(a); Regulation 27(2)(e)(ii). Code of practice for the use of animals from municipal pounds in scientific procedures approved by the Governor in Council on 19 April 1988 and published in the Victorian Government Gazette G47 on 7 December 1988 at pages 3659–60. Whole document -- 39 of 39 --