Animals Protection Act Amendment Act 1991 (Qld)

A NIMALS PROTE C TION AC T AMENDMENT ACT ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 3 Interpretation 5. Amendment of s. 7. Exemptions 6. Amendment of s. 22. Offences 7. Repeal of and new s. 23. Regulations Regulations ANNO QUADRAGESIMO EL,IZA ETAE SECUNDAE REGINAE No. 1 of 199 1 An Act to amend the Animals Protection Act 1925-1981 to better provide for the regulation of scientific experiments on animals [ASSENTED TO 28TH FEBRUARY, 1991]

2 Animals Protection Act Amendment Act 1991, No. I BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Animals Protection Act Amendment Act 1991. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1), the provisions of this Act commence on a day appointed by Proclamation. 3. Citation . (1) In this Act, the Animals Protection Act 1925-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Animals Protection Act 1925-1991. 4. Amendment of s. 3 Interpretation . Section 3 of the Principal Act is amended by inserting after the definition "Pound" the following definition:- "Scientific experiment"-Any experiment, procedure, test or study that is conducted on an animal in the course of which- (a) an animal is subjected to- (i) surgical, medical, psychological, biological, chemical or physical treatment; or (ii) abnormal conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding to which an animal of that species or kind is not accustomed; or (iii) abnormal dietary conditions; or (iv) electric shock or radiation treatment; or (b) any material or substance is extracted or derived from the body of the animal; and that is for the purpose of acquiring, developing or demonstrating knowledge or techniques in any field of science, but does not include any experiment, procedure, test or study that is conducted in the course of- (c) the administration of veterinary treatment to an animal for the purpose of protecting the welfare of the animal;

Animals Protection Act Amendment Act 1991, No. 1 3 or (d) the conduct of normal animal husbandry operations;". 5. Amendment of s. 7. Exemptions . Section 7 of the Principal Act is amended- (a) in subsection (1)- (i) by omitting the words "Except as hereinafter provided" and substituting the words "Except in any case of ill-treatment"; (ii) by omitting paragraph (f) and substituting the following paragraph:- "(f) A scientific experiment conducted in accordance with the regulations;"; (b) by omitting subsection (2). 6. Amendment of s. 22. Offences. Section 22 of the Principal Act is amended, in subsection (2)- (a) by, in paragraph (a), omitting the expression "$200" and substituting the expression "40 penalty units"; (b) by inserting after paragraph (a) the following paragraph:- "(aa) a person who, after being convicted of an offence against a provision of this Act, continues in the contravention or failure to comply for which the person has been convicted- (i) commits a continuing offence in respect of each day after the day of conviction during which the contravention or failure continues; and (ii) may be prosecuted from time to time in respect of the contravention or failure; and (iii) is liable to a penalty not exceeding 8 penalty units for each day during which the offence continues.". 7. Repeal of and new s. 23. Regulations . The Principal Act is amended by repealing section 23 and substituting the following section:- "23. Regulations . (1) The Governor in Council may make regulations, not inconsistent with this Act, with respect to all matters that in the opinion of the Governor in Council are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.

4 Animals Protection Act Amendment Act 1991, No. 1 (2) Regulations made under this Act may adopt, in whole or in part, any of the standards, rules, codes or specifications of any body identified in the regulations.". Minister's Second Reading Speech made on 27 November 1990.