An animal is used for scientific purposes if it is used in activity to acquire, demonstrate or develop knowledge or a technique in any field of science. Examples of an activity include:

• diagnosis
• environmental studies
• field trials
• producing biological products
• product testing
• research, including for example, creating or
• breeding a new line of animal
• teaching

Scientific purposes also include using any animal, or the remains of an animal that was killed, for any of the above purposes. Anyone using animals for scientific purposes must be registered with Biosecurity Queensland and obtain approval from an animal ethics committee (AEC).

In this situation, 'use' generally means to cause or permit to be used.

This includes to:

• acquire or purchase an animal
• accommodate, provide for, or care for an animal
• breed with an animal
• identify the animal (e.g. microchip, ear tag, brand)
• dispose of an animal
• drive, load ride, transport or work an animal.

In Queensland, an animal should be considered to be 'used' if the animal might reasonably be assumed to have perceived the use and be aware of a change from what might otherwise have occurred.

For example, whale watching from the coast line is not considered 'use' of the whale, as the whale is not reasonably assumed to be aware of the observer. However, whale watching from a boat is considered 'use' of the whale, as the whale might reasonably be assumed to be aware of the presence of the boat that would not otherwise have been there.

If you intend to use animals for scientific purposes there are things you must do to ensure and demonstrate support for the wellbeing of the animals and comply with the Animal Care and Protection Act 2001 (ACPA).

The use of animals for scientific purposes is governed by the principles and ethical framework outlined in the Australian code for the care and use of animals for scientific purposes, known as the scientific use code (refer to section 1 of the scientific use code).

Activities not regarded as scientific purposes

The following activities are not regarded as being for scientific purposes:

• fish tagging
• bird banding
• diagnosis by a veterinarian within routine veterinary practice, or biosecurity inspectors undertaking a disease response.

AEC approval is not required for the routine production of food or fibre, for routine husbandry procedures (e.g. clipping coats and nails, vaccinations) and for inspectorial staff undertaking routine regulatory activities. AEC approval is also not required for the training and application of agricultural extension work practices and students in veterinary science, veterinary nursing and veterinary technology, provided all conditions outlined in clause 4.17 of the Australian code for the care and use of animals for scientific purposes apply (known as the scientific use code).

If you are unsure whether a certain animal use requires ethics approval then you should contact Biosecurity Queensland or the chairperson of an AEC for advice.

Before you use an animal in Queensland

You (or the institution where you are employed or study) must register as a person using animals for scientific purposes with Biosecurity Queensland. Registration is valid for up to 4 years.

You must also submit a written application for your proposed animal use to an AEC, and have written AEC approval before acquiring the animals or beginning the activity. You will need a separate approval for each different activity or project.

Find out more about how to apply for approval with an AEC to use animals for scientific purposes.

While you are using an animal for an AEC approved use

You must comply with any requirements made by the AEC that approved your animal use and the requirements of the code.

You must also report on your animal use to your AEC and Biosecurity Queensland. Your AEC will provide details of the information they require. Biosecurity Queensland requires registrants provide an annual report called the Annual Animal Use Statistics Report. Your AEC can either submit this report on your behalf, or registrants can submit it directly to Biosecurity Queensland. Contact your AEC to find out the correct procedure.

After you have completed your animal use

You must submit a completion report to your AEC. Contact your AEC about the completion report.

Tests that are unlawful in Queensland

Under the Animal Care and Protection Act 2001 (ACPA), certain tests are unlawful. These include:

• skin and eye irritancy tests (e.g. the Draize test)
• Lethal Dose 50 (LD50) or similar test
• testing cosmetic or sunscreen products using animals

However, a registered person must apply to the Director-General of the Queensland Department of Primary Industries to conduct one of the above tests.

Find out more about how to apply and your legal obligations related to animal testing in Queensland.

Requirements for animal use in other Australian states and territories

If you wish to carry out scientific animal use in another Australian state or territory, you will need to comply with the relevant legislation in the other jurisdiction. The New South Wales Department of Primary Industries Animal Ethics Infolink provides details of requirements in Australia's other states and territories.

Requirements of other agencies and organisations

Depending on the details of your scientific or educational activity, you may be subject to other requirements. Any additional requirements will be determined by the other agency or organisation, including but not limited to:

• funding bodies - use of their dollars (e.g. National Health and Medical Research Council)
• environment departments - use of wildlife
• occupational health and safety
• Genetic Modification Advisory Committee - use of gene technology
• Australian Government - use of imported or controlled biologicals
• Queensland Health - use of scheduled drugs, chemicals and poisons.

If you are intending to use an animal for scientific purposes in Queensland you must be registered with Biosecurity Queensland as a person using animals for scientific purposes and have each activity or project approved by an animal ethics committee (AEC).

You are legally required to register if you wish to use an animal for scientific purposes. Any person who fails to register could be liable for a $50,070.00 fine or 1 year of imprisonment. Registration, AEC approval and reporting are also required to use the remains of an animal that was killed expressly for the purpose of any activities regarded as scientific purposes for the use of animals.

Who needs to register

If you use animals (or cause animals to be used) in an activity performed for scientific or teaching purposes then you must register with Biosecurity Queensland. This includes:

• corporations or public authorities, such as
• • research institutions
  • federal, state or local government departments or bodies
  • theme parks
  • zoos
  • pharmaceutical companies
  • individuals.
• learning institutions, such as schools, colleges, TAFEs or universities.

Corporations or public authorities

In the case of a corporation, public authority or other institution, the relevant legal entity is the appropriate applicant for registration. That is, the body that may:

• sue
• be sued
• hold property.

Learning institution

In the case of a school or educational institution, the governing body may register if it is a legal entity incorporating separate schools, districts or campuses. In this case, the legal entity pays a single school fee that covers all the individual schools it represents.

Individuals

Any person who uses, or causes animals to be used, for scientific purposes and does not work for or study at a registered entity, must register individually. In the case of a partnership of individuals, each individual must register separately as a scientific user.

If you are employed or engaged (whether or not for remuneration), or studying at a registered entity, you do not have to register as an individual. The following also do not need to register separately as individuals:

• an individual working for a registered corporation, public authority or other institution who uses animals in the course of that work
• a student at a registered college, institute, school or university who uses animals as part of their studies.

Overseas or interstate collaborators

An overseas or interstate collaborator does not have to register separately if an existing registrant is prepared to take legal responsibility for their actions and ensures they comply with the Animal Care and Protection Act 2001 (the Act) and Australian code for the care and use of animals for scientific purposes (known as the scientific use code).

For example, an overseas student collaborating on a university activity in Queensland, does not need to register separately if the university is registered in Queensland and takes legal responsibility for ensuring the student complies with the Act and the scientific use code. However, the overseas student must register if the university is not prepared to take legal responsibility for the student.

Suppliers of animals

Individuals or institutions do not need to register in Queensland to breed and supply animals to other institutions.

However, entities that breed and supply animals do need to register if they also house or otherwise participate in animals being used for scientific purposes in Queensland.

How to register

Complete the online registration form.

Biosecurity Queensland may ask you to provide further information to make a decision about your application.

The period of registration (up to 4 years) and any conditions will be stated on your certificate of registration.

Also consider...

• Learn more about animal ethics committees.

The register lists details of each entity registered to use animals for scientific purposes in Queensland in accordance with the Animal Care and Protection Act 2001.

The register contains:

• the registered entity's name, address and registration number
• animal ethics committee/s that assess the registered entity’s proposed projects
• if the entity is not an individual, the office holder to whom the chairperson of the animal ethics committee must report
• date of expiry of current registration
• other information considered appropriate.

A registered entity or applicant for registration may apply to be exempted from disclosure of their registration details in the register, on the basis that they are likely to be disadvantaged by this disclosure.

Exemption from disclosing an entity's name can only be given if the person is an individual and not a corporation or learning institution.

Public access

Members of the public can view and take extracts from the register without charge. The register is available by appointment during office hours at:

Biosecurity Queensland
275 George Street
BRISBANE  QLD  4000

Contact us on 13 25 23 to make an appointment to inspect the register.

Alternatively, a copy of the register in part or full can be made available on application and payment of a fee. Complete the application form for issuing the public register to apply.

Privacy and confidentiality of personal details

Details provided to the department about the use of animals for scientific purposes are covered by the Information Privacy Act 2009 and the Right to Information Act 2009, which regulate how information is held and released by the government.

• Full details on the privacy and confidentiality of records and reports collected as part of using animals in science.
• More information and links to the legislation regarding the collection, storage, use and disclosure of information held by the government may be obtained from the Queensland Government's right to information website.

Surrendering registration

A registration to use animals for scientific purposes in Queensland may be voluntarily surrendered if animals are no longer used and registration is no longer required. A registered person may surrender their registration by giving notice to the Director-General of the Department of Agriculture and Fisheries (DAF). The surrender takes effect on whichever day is the later - either the day the notice is given, or the day stated in the notice of surrender.

To provide notice of surrender, email Biosecurity Queensland at animalethics@daf.qld.gov.au.

Suspension or cancellation of registration

Under certain circumstances a registration may be suspended or cancelled. A registration may be cancelled or suspended by the DAF Director-General if any of the following circumstances occur:

• registration was granted based on information provided to Biosecurity Queensland (orally or in writing) that was materially false or misleading
• a registration condition has not been complied with
• the prescribed fee has not been paid
• for an individual: if a disqualifying event happens, if an individual becomes an undischarged bankrupt, or if an individual, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors
• for a corporation: if a disqualifying event happens to any of a corporation's executive officers or another corporation of which any of its executive officers is, or has been, an executive officer, or the corporation becomes insolvent under the Corporations Act, Section 95A
• a disqualifying event happens to an animal ethics committee (AEC) member of the registrant's AEC
• an AEC does not perform any of its functions under the Australian code for the care and use of animals for scientific purposes (known as the scientific use code), or comply with the scientific use code to the extent that it is relevant to that committee.

A 'disqualifying event' is any of the following:

• a conviction for an animal welfare offence under the Animal Care and Protection Act 2001.
• one of the events listed above occurs
• a similar authority, instrument, licence permit or registration has been cancelled or suspended under the law of another state or the Commonwealth.

Appeals against decisions

Appeals can be made to the Director-General of DAF for a review of a decision. Appeals must be submitted on the approved form within 14 days of having received the decision. Further appeals can be made through the Magistrates Court.

The '3Rs' is a basic philosophy of animal ethics and refers to the principles of replacement, reduction, and refinement.

In accordance with the Australian code for the care and use of animals for scientific purposes, when assessing proposals to use animals for scientific purposes, animal ethics committees will require evidence that the investigator or teacher has considered the replacement, reduction and refinement of animal use in their proposal and will continue this process throughout the life of the project.

Replacement

Replacement involves using methods that permit a given purpose of an activity or project to be achieved without the use of animals.

Investigators and teachers must replace the use of animals with non-animal alternatives wherever possible. For example using in-vitro culture to produce antibodies or a plastic model to illustrate anatomy.

Reduction

Investigators and teachers must consider whether it is possible to reduce the number of animals being used without compromising the scientific or statistical validity of the outcomes of the project. When implementing reduction, they must ensure that reduction is not at the expense of greater suffering of individual animals.

The use of animals must not be repeated within a project or between projects unless such repetition is essential for the purposes of the project. Teaching activities must use no more animals than the number required to meet the educational objective.

Animals bred for scientific purposes must be managed to avoid or minimise the production of excess animals.

An example of reduction would be using abattoir organs to practise artificial insemination before training on live animals.

Refinement

Refinement involves using methods that alleviate or minimise potential pain and distress and enhance animal wellbeing.

There are many options for refinement specific to each type of animal use. Within the justified limitations of the activity's purpose and requirements in the use of animals, refinement includes:

• selecting animals that are suitable for the activity
• designing and managing animal facilities to meet species-specific and project requirements
• transporting and handling animals under conditions that meet their behavioural and biological needs
• not taking wild animals from natural habitats if captive-bred animals are available and suitable
• ensuring the best available scientific, statistical and educational techniques are used by competent people or under the direct supervision of competent people
• avoiding or minimising pain and distress, and promptly relieving pain and distress not predicted (in the proposal if not approved by the animal ethics committee) in preference to completing the project
• management of pain and distress appropriate to the species. Tranquilisation analgesia and anaesthesia must be used for procedures that would normally involve tranquilisation analgesia and anaesthesia in current medical or veterinary practice
• ensuring the planned end point of projects is as early as possible and minimise the duration of animal use. Death as an endpoint must be avoided whenever possible.

Also consider...

• Read the Australian code for the care and use of animals for scientific purposes.

There are alternatives to animal use that can replace or reduce the number of animals used to meet scientific or educational objectives.

Under the Animal Care and Protection Act 2001 (ACPA), an animal is any live vertebrate and cephalopods.

This includes:

• amphibians
• birds
• fish
• mammals (other than humans)
• reptiles
• cephalopods (octopus, squid, cuttlefish and nautilus).

Animals also include live pre-natal or pre-hatched creatures in the second half of gestation, including:

• mammalian or reptilian foetus
• pre-hatched avian, mammalian or reptilian young (eggs)
• live marsupial young.

Animals included under the ACPA:

• livestock
• companion animals (pets)
• laboratory animals
• wildlife
• pests
• feral animals
• zoo animals

Animals not included under the ACPA:

• invertebrates other than cephalopods
• humans including human foetus
• the eggs, spat, or spawn of fish
• immature amphibians and fish prior to final metamorphosis (e.g. fish fry and tadpoles)

Alternatives used must be consistent with the aims of the activity. There is no point using an alternative technique that is not capable of achieving the desired outcome.

Replacement or reduction of animal use through the use of non-animal alternatives can provide ethical, cost and scientific benefits. Outcomes may be cheaper and more repeatable through replacement of the inherent expense and variability associated with purchasing, keeping and using animals.

Some examples of non-animal alternatives are:

• use of chemical and physical techniques based on the physical and chemical properties of molecules
• use of epidemiological data
• mathematical/computer models
• use of organisms with no or limited sentience (sense of awareness, perception and feeling), such as invertebrates, bacteria and plants
• in-vitro techniques such as tissue culture
• virtual reality and inanimate synthetic models and dummies
• videos and photographs
• studies using human volunteers.

One alternative that is often forgotten is the 'literature review' (including systematic reviews). Improved technology for storing and accessing information means that unnecessary repetition of animal-using procedures can be avoided. Scientists and teachers can promote the 3Rs of replacement, reduction and refinement by documenting their animal use work and making it widely and freely available.

The principle of using non-animal alternatives to replace or reduce animal use was promoted by Russell and Burch's publication 'The Principles of Humane Experimental Technique' in 1959. Globally there is an increasing trend to use non-animal alternatives, where possible, for research and teaching. This move has been driven not only by animal rights and animal welfare groups, but also by scientists and teachers themselves. One of the governing principles of the Australian code for the care and use of animals for scientific purposes requires the application of the 3Rs at all stages of animal care and use (clause 1.1).

Also consider...

• Read the Animal Care and Protection Act 2001.
• Read the Australian code for the care and use of animals for scientific purposes.

Investigators and teachers are responsible for continually considering how to apply the 3Rs (replacement, reduction and refinement) during all stages of the project (i.e. planning, conducting and reviewing). This includes ensuring that their work is not an unnecessary repetition of work by conducting a thorough investigation and review of available information.

They must also ensure that there are no other non-animal alternatives available that will achieve, either wholly or partially, the same aims as their proposed animal use.

They must also refine their use of animals through use of the best available techniques and facilities, and ensure that the persons using animals are competent and perform procedures competently.

It is a requirement of the Australian code for the care and use of animals for scientific purposes that the application of the 3Rs has been considered in the application for animal ethics approval and the relevant section on the Animal Ethics Application Form is completed. In completing this form, the person with ultimate responsibility, investigator or teacher must provide a clear description of the steps taken to consider and apply the 3Rs. This could include detailing the non-animal alternatives that are available, list which will be used in the activity and, if none are used, justify why they are not.

A recent amendment of the Veterinary Surgeons Act 1936 has excluded the use of an animal for scientific purposes in accordance with section 91 of the Animal Care and Protection Act 2001 from the meaning of 'veterinary science'.

Non-veterinary researchers can lawfully administer anaesthetics and analgesics and perform surgical procedures on animals provided they meet the relevant requirements of the Animal Care and Protection Act 2001, other relevant legislation and the scientific use code.

Animal use for scientific purposes is governed by the Australian code for the care and use of animals for scientific purposes (scientific use code). In Queensland, compliance with the scientific use code is mandatory under the Animal Care and Protection Act 2001 (ACPA). This legislation safeguards the welfare of all animals, including those from pounds or shelters, protected wildlife and pest animals.

Unlawful use of animals for scientific purposes

Some uses of animals for scientific purposes are unlawful in Queensland and must not be done without approval from the Director-General of the Department of Primary Industries (DPI).

These activities have such a high welfare impact or low potential benefit that they're considered unethical, as alternatives can be used.

Unlawful activities under the ACPA include:

• skin and eye irritancy tests (e.g. Draize eye test)
• classical LD50 (50% lethal dose) or similar tests
• testing sunscreen products, or ingredients of sunscreen products, using animals.

Other unlawful activities:

• From 1 July 2020, the Industrial Chemicals Act 2019 (Cth) banned new animal test data from being used to support introducing chemicals exclusively for use in cosmetic products.
• On 1 June 2021, the updated scientific use code was published, banning testing on animals of finished cosmetic products and chemical ingredients to be used in cosmetics.

If an animal ethics committee (AEC) receives an application for an unlawful activity, it should:

• encourage the investigator to consider all potential alternatives
• require the investigator to provide compelling evidence that an extensive consideration of all potential alternatives has been done and provide compelling arguments for why each alternative is unsuitable
• require the investigator to provide a thorough justification why the activity must be conducted.

When an AEC receives an application to conduct an unlawful activity, it should:

• review and make a decision on the application, with particular emphasis on the justification for the project and consideration of all potential alternatives
• if approved by the AEC, ensure the investigator understands they cannot begin the activity unless the Director-General of DPI also approves the activity
• contact Biosecurity Queensland on 13 25 23 to discuss making an application to the Director-General of DPI for their approval. The application must include:
• a completed application using the approved form with the relevant prescribed fee
• copies of the AEC application and the AEC approval
• evidence demonstrating how the activity will be monitored to ensure it will comply with the requirements of the AEC and scientific use code.

To date, no approval to conduct unlawful animal use has been given in Queensland.

Legal requirements for death as an endpoint

'Death as an endpoint' is defined as when the death of an animal is the deliberate measure used for evaluating biological or chemical processes, responses or effects. In cases of death as an endpoint, the investigator will not intervene to kill the animal humanely before death occurs in the course of the scientific activity. Procedures using death as the endpoint are severe and raise ethical concerns.

Death as an endpoint does not include:

• the death of an animal by natural causes or accidents
• the humane killing of an animal as planned in a project
• humane euthanasia performed due to the condition of the animal.

You can only conduct procedures that include death as an endpoint in Queensland if approved by an AEC and if the procedures comply with the requirements of the scientific use code, which include:

• avoiding death as an endpoint unless it is essential for the aim(s) of the project. If it is essential, then the means to prevent or minimise harm, including pain and distress, must be considered, implemented and reviewed at all stages of the project (clause 1.13)
• particular justification for activities such as death as an endpoint, that involve severe compromise to animal wellbeing, and for which Replacement, Reduction and Refinement (the 3Rs) cannot fully be applied for the project to proceed (clause 2.7.4 (v) (a))
• replacing death as an endpoint with early experimental and humane endpoints whenever possible. Where death as an endpoint is essential for the aims of the project and can't be avoided:
• you must design the project to minimise the number of animals that will die
• take steps to avoid or minimise pain and distress, including early experimental and humane endpoints. These must be considered, implemented and reviewed at all stages of the project (clause 3.1.28).

The requirements for death as an endpoint activity can be different in other state jurisdictions. We strongly advise registrants and investigators working interstate to seek the advice of the relevant regulatory authority.

Accidental deaths and death as an endpoint

The accidental or unintentional death of an animal is not the same as death as an endpoint. Sometimes it's expected that animals will die as part of the normal population cycle or as a potential but unintended outcome of the activity.

A clear description of any reasonably anticipated accidental or unintentional deaths must be included in the AEC application.

Pest species and death as an endpoint

The governing principles in the scientific use code apply equally to all animal species including those considered to be pests. Being a feral or pest animal doesn't change the animal's ability to experience pain or suffering, so it is not more humane to conduct death as an endpoint activities on a fox rather than dog or a toad rather than a native frog.

LD50 and similar tests

The LD50 (50% lethal dose) test involves administering or feeding material or a substance to an animal for the purpose of determining if the concentration will lead to the death of 50% of the animals.

The LD50 test relates to solids and liquids, while the LC50 (50% lethal concentration) test applies to vapours, mists and gases. Similar tests identify the amount of a toxin that achieves a predetermined percentage of deaths in a group of animals (e.g. LD25, LD60).

These tests are no longer the standard for determining the toxicity of substances used by humans. More humane alternatives which don't use animals, such as in vitro tests, are available.

Use of animals from pounds and shelters

The legal requirements for the use of pound or shelter animals for scientific purposes in Queensland are the same as for all other animals from all other sources, i.e. you need to be registered with Biosecurity Queensland and have AEC approval.

Use of animals in schools

Like all other organisations that use animals for scientific purposes, schools must:

• be registered
• have AEC approval to use animals
• comply with the scientific use code
• report all animal use.

For details on how these requirements specifically apply to schools, see sections 1, 2, 3 and 4 of the scientific use code.

In Queensland, the Queensland Schools Animal Ethics Committee (QSAEC) considers, decides on, monitors and reports on all use of animals in public, faith-based and private schools.

To confirm the status of registration and AEC approval at a Queensland school or to apply for QSAEC approval, contact the QSAEC.

Investigators involved in fauna surveys or trapping need to be aware that, as well as complying with the requirements of the Animal Care and Protection Act 2001 (ACPA) and the Australian code for the use of animals for scientific purposes (scientific use code), there are additional requirements for feral and pest animal species, noxious fish and protected wildlife (common and endangered).

Investigators (and the animal ethics committees (AEC) making decisions on their applications) need to be aware of their legal obligations. Investigators and AECs must:

• obtain all the necessary permits and licences from the relevant agencies (see list of responsible agencies below)
• consult these agencies for advice on how to dispose of pests or noxious fish so they pose no threat to the environment, other animals or humans
• and
• ensure the use of the animal complies with all relevant legislation.

The responsible agencies for dealing with pest and protected species are:

• freshwater exotic pest fish – Fisheries Queensland (Department of Primary Industries)
• native species, wildlife, some exotic birds – Department of the Environment Tourism, Science and Innovation
• declared pest animals (i.e. pest mammals, reptiles and amphibians as per regulations) – Biosecurity Queensland (Department of Primary Industries).

Trapping requirements

See clauses 3.3.33–3.3.36 of the scientific use code for a full list of trapping requirements.

Additional legal requirements for declared pest species and noxious fish

If you're likely to be dealing with prohibited or restricted biosecurity matter, including pest species or noxious fish, during your scientific research project or activity, you must apply for a permit.

Under the Biosecurity Act 2014, biosecurity matter includes:

• living things, other than humans or parts of a human
• pathogenic agents that can cause disease in a living thing (other than a human), or a human (by transmission from an animal to the human)
• diseases
• contaminants.

Biosecurity matter is classified as either prohibited matter or restricted matter. Prohibited matter isn't found in Queensland. Restricted matter is found in Queensland.

Find out how to apply for a prohibited matter permit or restricted matter permit.

Requirements for protected wildlife

You may need to apply for additional permits, licences or authorities from the Department of Environment, Science and Innovation when using protected wildlife for scientific purposes.

Requirements for non-target animals (by-catch)

It is crucial to minimise potential disturbance to target and non-target animals (by-catch). Proposals to the AEC must include:

• a plan to manage and minimise the pain and distress of potential non-target animals as part of trapping, handling, release or euthanasia
• detailed trapping techniques for the species and how the traps will be managed to minimise the impact on both target and non-target animals, especially minimising the number of non-target species being trapped
• procedures for the humane killing of non-target animals, including animals that are restricted or prohibited biosecurity matter under the Biosecurity Act
• evidence that staff are competent, authorised and appropriately resourced to euthanase declared pests and noxious fish as required.

AECs or registrants must include the details of non-target animals in their annual animal use statistics report to Biosecurity Queensland. These details must also be included in the project's annual progress report and completion reports to the AEC.