Information on the Animal Care and Protection Act 2001 and the Scientific Use Code

On this page:

• Animals used for scientific purposes
  • Registration of persons using animals for scientific purposes, including teaching
  • Registration requirements
  • Exemptions from registration
  • Definition of 'animal'
  • Approval of animal use by an AEC
  • Animal use needing approval
  • Registration process
  • Registration costs
  • Information available to the public
  • Exemptions from disclosure of registration details
  • Monitoring of compliance by DPI&F
  • Suspension or cancellation of registration
• Animal ethics committee approval
  • Animal ethics and the role of animal ethics committees
  • Animal ethics committees
  • Accessing an animal ethics committee
  • Fees and charges
  • Reporting
  • Failure to register or obtain ethics approval

Animals used for scientific purposes

The Department of Primary Industries and Fisheries (DPI&F) is the government department responsible for overseeing animal welfare in Queensland. This responsibility includes safeguarding the welfare of animals used for scientific purposes, i.e. animals used in science, testing and teaching.

If you use animals for scientific purposes anywhere in Queensland, you must do the following:

1. Register with the DPI&F (individuals are covered by registration of their institution or company), and nominate the Animal Ethics Committee (AEC) that will assess your animal use.
2. Ensure all animal use is approved by the AEC.
3. Provide an annual report to the DPI&F.

The information contained on this page will help you fulfil your obligations both under the Animal Care and Protection Act 2001  and under the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes [the Code].

Registration of persons using animals for scientific purposes, including teaching

Registration requirements

Any 'person' who intends to either use or allow use of an animal for a scientific purpose in Queensland must register with DPI&F. This applies regardless of whether the person lives in Queensland.

For the purposes of registration, a 'person' is defined as any of the following:

• a corporation (e.g. research institution, Commonwealth, State, or Local Government Department or body, theme park, zoo, pharmaceutical company)
• a learning institution (e.g. school, college, TAFE, University)
• an individual.

For a partnership of individuals, each individual must register separately as a scientific user.

Exemptions from registration include:

• an individual working for a registered corporation or institution, who uses animals in the course of his/her work
• a student at a registered college, institute, school or university, who uses animals as part of his/her study.

Definition of 'animal'

Under the Queensland Animal Care and Protection Act 2001, an animal is any live vertebrate including amphibians, birds, fish, mammals and reptiles.  Animals also include live pre-natal or pre-hatched creatures in the last half of gestation, e.g. a mammalian or reptilian foetus, pre-hatched avian, mammalian or reptilian young and live marsupial young.  Cephalopod invertebrates such as octopus, squid, cuttlefish and nautilus are also included as animals.  However a human being or human foetus is not an animal, nor are the eggs, spat or spawn of fish. 

This includes:   

• livestock
• companion animals
• laboratory animals
• wildlife
• pests
• feral animals
• zoo animals.

Approval of animal use by an AEC

In addition to being registered to use an animal for scientific purposes, you must gain approval for the use through a written application to an AEC.

Animal use needing approval

Animal ethics approval is required for all use of animals for scientific purposes,
which include:

• research
• teaching
• field trials
• product testing
• diagnosis (other than routine diagnosis)
• production of biological products
• environmental studies.

 

Registration process

You must apply to DPI&F using the approved registration form , accompanied by the prescribed fee. Also see 'Guidelines for completing the application for registration as scientific user form' .

Upon approval, a certificate of registration is issued by DPI&F. This is current for three years from the date of issue and is not transferable.

Registration costs

• individual:  $583.35
• corporation with less than 10 employees:  $583.35
• corporation with 10-50 employees:  $875.60
• corporation with 51 or more employees:  $1166.75
• corporation or corporation sole, that carries on, or is the governing body of, primary or secondary schools:  $284.55

Information available to the public

Details of the registered person will be entered into a scientific use register (unless an exemption is given - see below). For each registered person, the register must state the following:

• the person's name, address and registration number
• the Animal Ethics Committee (AEC) to be used, and its terms of reference
• if the person is not an individual, the person or office holder of the nominated AEC's governing body, to whom the chairperson of the ethics committee must report.

Exemptions from disclosure of registration details

An individual or a corporation may apply for an exemption from disclosure of certain registration details. However, only an individual may apply for an exemption to disclose their name on the basis that it could damage either their own interests or those of the ethics committee used.

Monitoring of compliance by DPI&F

To prevent animal suffering, and ensure all use of animals for scientific purposes is open and accountable, the DPI&F maintains a monitoring program ( PDF 162 kB) to monitor compliance with the compulsory Code requirements.

Suspension or cancellation of registration

Under certain circumstances, a registered person may have their registration suspended or cancelled. The person has a right of appeal.

Animal ethics committee approval

All use of animals for scientific purposes must be approved through a written application to an AEC.

Animal ethics and the role of animal ethics committees

Animal ethics is the ethical use of animals for scientific purposes (i.e. animals used in science, testing and teaching). All proposed use of animals for scientific purposes and teaching must be assessed by an AEC before an ethical decision can be made regarding whether the use is justified, and whether the welfare of the animals has been considered.

For animal use to be justified, the AEC must be convinced that benefits of the use outweigh the potential costs to the animal. The committee must also be assured that the 3Rs of animal use are complied with:

• Replacement of animals with alternatives where possible
• Reduction in the numbers of animals used (without compromising statistical validity)
• Refinement of techniques to reduce the impact on the animals.

Also, AECs must ensure that all use of animals for scientific purposes complies with the Code, which sets out the responsibilities of investigators, teachers, institutions and AECs regarding the use of animals.

Animal ethics committees

All AECs must have a membership as stipulated in the Code and MUST include the following categories of members:

Category A: a veterinarian with relevant experience

Category B: a person with substantial recent scientific or teaching experience in the use of animals

Category C: an independent person with an active membership of an animal welfare organisation, or with a demonstrated commitment to animal welfare/ethics

Category D: an independent person who has not been involved in the scientific use of animals and who is independent of the institution

Meetings are not quorate unless category A, B, C & D persons are present to discuss applications. The Code should be consulted for further details on these membership categories and additional members such as Chairperson, Secretary and invited experts, e.g. biometricians or scientists.

Accessing an animal ethics committee

Most institutions that use animals for scientific use will be aligned with an AEC. External applicants or private companies can use any AEC, provided that the members agree to assess external applications. The AEC must be legally constituted under the Act and registered with DPI&F.

To obtain a list of AECs that will assess external applications, please contact the DPI&F Business Information Centre.

Fees and charges

An AEC may determine its own fees and charges and some AECs operate on a fee-for-service basis for assessment of applications, reviews and site inspections. Applicants will need to check fee structures with their nominated AEC.

Reporting

The Act requires that all registered persons provide an annual report to DPI&F. The report must provide details on use of animals, complaints and grievances received by the registered person, and assessment of their proposals by their AEC.

Failure to register or obtain ethics approval

Under the Act, there is a range of offences relating to use of animals for scientific purposes. An individual who uses an animal for a scientific purpose and fails to register and obtain ethics approval for that use, is liable for a fine of $22 500 or one year's imprisonment. A corporation is liable for a fine of up to $112 500.

Need more information? Visit the DPI&F's Scientific Use Home Page.

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Last updated 5 November 2008