Explanatory note

This Supplementary Order Paper amends the Animal Welfare Act 1999. New clause 31AB inserts new section 85A and new clause 35A amends section 119. These amendments provide for a prohibition on killing of non-human hominids and a penalty for the offence. Section 85 of the Animal Welfare Act 1999 prohibits experimentation on non-human hominids. But, by itself, this leaves non-human hominids that can no longer be used for that purpose at greater risk of being killed and more vulnerable to other abuse and to exploitation. A prohibition on killing will also protect non-human hominids in captivity who cease to have a commercial value. The killing ban safeguards the lives of non-human hominids and affirms that it is fundamentally wrong to kill beings who are mentally on a par with young children. As with the experimentation ban, the Director-General has the power to allow the deprivation of life, if it is “in the best interests of the individual” non-human hominid. This allows for mercy killing.