WA Bill Proposes Animal Resources Authority Repeal
Friday 18 March 2022 @ 10.32 a.m. | Crime | Legal Research
The Animal Resources Authority Amendment and Repeal Bill 2021 (WA) ('the Bill') was introduced to the Western Australian Legislative Assembly on 25 November 2021 by then Minister for Health Roger Cook ('the Minister'). The main purpose of the Bill is described by the Minister as being to:
"... implement the government’s considered decision to transition the assets and operations of the Animal Resources Centre to a third-party provider."
The Bill proposes to amend the following legislation:
- Animal Resources Authority Act 1981 (WA) ('the ARA Act')
- Constitution Acts Amendment Act 1899 (WA)
- Financial Management Act 2006 (WA).
The Bill has passed the lower house with no amendments, and is yet to pass the upper house.
Background
The Animal Resources Authority ('the Authority') was established in 1981 with the purpose of supplying high-quality and disease-free laboratory animals for the purposes of teaching, research and diagnostics. The Authority runs the Animal Resources Centre ('the ARC'), which, according to the Minister's second reading speech:
"has become a major supplier of laboratory animals, providing crucial resources for researchers across Australia and now supports a national research capability, with the majority of its animal stock sold being supplied to interstate and overseas clients for medical research."
The Bill proposes to repeal the ARA Act. The Minister comments that these amendments are needed to continue and strengthen the Animal Resources Centre’s capability so it can:
"... better serve the needs of the Western Australian scientific and medical research community and, increasingly, the needs of researchers across Australia."
The Bill proposes to wind up the statutory authority currently under the Animal Resources Centre ('the ARC') through a transfer of its assets to a new independent operator. According to the Minister's second reading speech:
"... it is the state government’s intention that this nationally important capability be retained in Western Australia, and that through this process, a new sustainable future be secured."
The Minister notes in his second reading speech that a key reason for repeal is due to the Authority's inability to be self-funded. He comments that:
"[the Authority] has not been able to maintain a financially sustainable model, with the state government having to contribute in recent years to cover costs. In this context, the state government undertook a review of the Animal Resource Centre. The review identified that the existing model could not operate and manage infrastructure and maintenance costs, and found that change was needed for this important capability to be continued in Western Australia. To transition this capability, the state government has undertaken a market sounding process to understand the interest of third parties with the appropriate capabilities and expertise to acquire the Animal Resources Centre assets and continue production in Western Australia."
Proposed Operation of Changes
If passed, the Bill is proposed to come into operation over three distinct stages. Firstly, Parts 1 and 2 (other than sections 6 and 12) would commence upon assent. Part 1 deals with preliminary matters and should not impact upon current operations. And Part 2 would wind up the Authority's affairs as soon as practicable, but no later than 30 June 2023. This process can include the Authority maintaining full production until its assets are transferred, to enable the establishment of a new business model. The Authority’s board will also be disbanded on that day and the Minister for Health installed in its place.
Secondly, on 30 June 2023, sections 6 and 12 of Part 2 will commence. At this date, the Authority will cease to operate. Existing employees will be transferred to other agencies, and accounts will be closed.
Finally, on a day to be fixed by proclamation, the ARA Act itself will be repealed and consequential amendments made to other acts.
According to the Minister's second reading speech:
"The state government recognises that the Animal Resources Centre’s capability is nationally significant and provides crucial resources for medical researchers across Australia. We are confident that through this process Western Australia can retain this capability and secure a sustainable future with a new independent operator."
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Sources:
Animal Resources Authority Amendment and Repeal Bill 2021 (WA) and explanatory materials available from TimeBase's LawOne Service
