85 Restrictions on use of non-human hominids

(1)

No person may carry out any research, testing, or teaching involving the use of a non-human hominid unless such use has first been approved by the Director-General and the research, testing, or teaching is carried out in accordance with any conditions imposed by the Director-General.

(2)

The Director-General may, in giving approval under subsection (1), impose, as conditions of that approval, such conditions as the Director-General thinks fit.

(3)

The Director-General may from time to time, by notice in writing to any person holding an approval under subsection (1),—

(a)

revoke any condition of that approval:

(b)

revoke any condition of that approval, and impose another condition in its place:

(c)

amend any condition of that approval.

(4)

The Director-General must consult with the National Animal Ethics Advisory Committee before exercising the powers conferred by subsection (1) or subsection (2) or subsection (3).

(5)

The Director-General must not give approval under subsection (1) unless he or she is satisfied—

(a)

that the use of the non-human hominid in the research, testing, or teaching is in the best interests of the non-human hominid; or

(b)

that the use of the non-human hominid in the research, testing, or teaching is in the interests of the species to which the non-human hominid belongs and that the benefits to be derived from the use of the non-human hominid in the research, testing, or teaching are not outweighed by the likely harm to the non-human hominid.

(6)

The Director-General must monitor the carrying out of any research, testing, or teaching to which an approval given under subsection (1) relates.

(7)

A person commits an offence who contravenes subsection (1).

(8)

Nothing in sections 82 to 84 applies in relation to research, testing, or teaching that involves the use of a non-human hominid.