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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Animal Research Amendment (Prohibition of
Forced Swim Tests and Forced Smoke
Inhalation Experiments) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Animal Research Act 1985 No 123 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2024
New South Wales
Animal Research Amendment (Prohibition of
Forced Swim Tests and Forced Smoke
Inhalation Experiments) Bill 2024
Act No , 2024
An Act to amend the Animal Research Act 1985 to prohibit the carrying out of forced swim tests
and animal research in which an animal is forced to inhale smoke; and for related purposes.
Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments)
Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Animal Research Amendment (Prohibition of Forced Swim Tests and
Forced Smoke Inhalation Experiments) Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments)
Bill 2024 [NSW]
Schedule 1 Amendment of Animal Research Act 1985 No 123
Schedule 1 Amendment of Animal Research Act 1985 No 123
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
fish has the same meaning as in the Fisheries Management Act 1994.
forced smoke inhalation experiment means animal research in which an
animal is forced to inhale smoke by--
(a) the placement of the animal in an instrument of restraint, and
(b) the administration of smoke directly to the animal's nose or head.
forced swim test--
(a) means animal research in which an animal, other than a fish, is--
(i) placed in water, and
(ii) forced to swim, as the animal is unable to escape or stand, and
(b) does not include animal research that has the effect, or likely effect, of
protecting or promoting the welfare of the animal on which the research
is carried out.
Example for paragraph (b)-- Animal research involving hydrotherapy.
smoke includes--
(a) aerosol or vapour produced by an e-cigarette, and
(b) smoke produced by a cigarette or cigar.
[2] Section 26 Form of authorities
Insert after section 26(2)--
(2A) An animal research authority must not authorise, or purport to authorise, the
carrying out of--
(a) a forced smoke inhalation experiment, or
(b) a forced swim test.
[3] Section 47 Unlawfully carrying out animal research
Insert after section 47(2)--
(3) Without limiting subsection (2), a person must not carry out either of the
following--
(a) a forced swim test,
(b) a forced smoke inhalation experiment.
Maximum penalty--30 penalty units or imprisonment for 12 months, or both.
[4] Schedule 3 Savings, transitional and other provisions
Insert after Part 3--
Part 4 Provisions consequent on enactment of Animal
Research Amendment (Prohibition of Forced Swim
Tests and Forced Smoke Inhalation Experiments)
Act 2024
5 Definitions
In this part--
Page 3
Animal Research Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation Experiments)
Bill 2024 [NSW]
Schedule 1 Amendment of Animal Research Act 1985 No 123
commencement day means the day on which the Animal Research
Amendment (Prohibition of Forced Swim Tests and Forced Smoke Inhalation
Experiments) Act 2024 commenced.
existing authority means an animal research authority, in force immediately
before the commencement day, that authorises either of the following--
(a) a forced swim test,
(b) a forced smoke inhalation experiment.
6 Reissue of existing animal research authorities--forced swim tests and forced
smoke inhalation experiments
(1) The holder of an existing authority may apply to the Secretary or an accredited
research establishment to have the authority reissued.
(2) The application must be made before the expiry of the applicant's existing
authority.
(3) Despite section 26(2A), the Secretary or an accredited research establishment
may reissue an animal research authority in the same terms as the applicant's
existing authority.
Note-- The holder of an existing authority may have the authority reissued under this
clause once only.
7 Offences involving forced swim tests and forced smoke inhalation
experiments
A person does not commit an offence under section 47(3)(a) or (b) for carrying
out animal research referred to in that paragraph if the animal research is
carried out in accordance with--
(a) an existing authority, or
(b) an animal research authority reissued under clause 6.
Page 4
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