Prevention of Cruelty to Animals Amendment Regulations 2014 (Vic)
Prevention of Cruelty to Animals Amendment Regulations 2014
S.R. No. 135/2014
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Conditions on scientific procedures premises licences
7Conditions on scientific procedures field work licences
8Amendments to Schedules 2, 3 and 4
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ENDNOTES
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
1Objective
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.
2Authorising provision
These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986.
3Commencement
These Regulations come into operation on 1 October 2014.
4Principal Regulations
In these Regulations, the Prevention of Cruelty to Animals Regulations 2008[1] are called the Principal Regulations.
5Definitions
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, 8th 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
(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;".
6Conditions 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.".
7Conditions 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.".
8Amendments 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]".
(3)In Schedule 4 to the Principal Regulations, for "[insert organisation]" substitute "[insert organisation if applicable]".
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ENDNOTES
[1] Reg. 4: S.R. No. 162/2008 as amended by S.R. Nos 157/2011 and 37/2013.
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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, 8th edition published by the National Health and Medical Research Council (2013), Canberra, 26 June 2013 | The whole |
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