79C3C34C52B45572883A05D425EB0F82
Research Involving Human Embryos Act 2002
https://www.legislation.gov.au/Details/C2016C00968
http://leaux.net/URLS/ConvertAPI Text Files/C72A2C877B2A74C50A8061F74DE955E4.en.txt
Examining the file media/Synopses/C72A2C877B2A74C50A8061F74DE955E4.html:
This file was generated: 2021-02-23 03:55:58
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Prosecuted
Searching for indicator prosecuted:
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p.000009: about scientific developments in relation to human reproduction and the
p.000009: utilisation of human embryos by regulating activities that involve the use of
p.000009: certain human embryos created by assisted reproductive technology or by
p.000009: other means.
p.000009:
p.000009: 4 Operation of Act
p.000009:
p.000009: (1) This Act applies as follows:
p.000009: (a) to things done, or omitted to be done, by constitutional corporations;
p.000009: (b) to things done, or omitted to be done, in the course of constitutional
p.000009: trade or commerce;
p.000009: (c) to matters within the legislative power of the Commonwealth under
p.000009: paragraph 51(xxix) of the Constitution;
p.000009: (d) to the Commonwealth and Commonwealth authorities;
p.000009: (e) for purposes relating to the collection, compilation, analysis and
p.000009: dissemination of statistics;
p.000009: (f) to matters within the legislative power of the Commonwealth under
p.000009: paragraph 51(xxxix) of the Constitution, so far as it relates to the matters
p.000009: mentioned in paragraphs (a) to (e) of this subsection.
p.000009:
p.000009: (2) In this section:
p.000009:
p.000009: constitutional corporation means a trading, foreign or financial corporation
p.000009: within the meaning of paragraph 51(xx) of the Constitution.
p.000009:
p.000009: constitutional trade or commerce means trade or commerce:
p.000009: (a) between Australia and places outside Australia; or
p.000009: (b) among the States; or
p.000009: (c) by way of the supply of services to the Commonwealth or to a
p.000009: Commonwealth authority.
p.000009:
p.000009: 5 Act to bind the Crown
p.000009:
p.000009: (1) This Act binds the Crown in each of its capacities.
p.000009:
p.000009: (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
p.000009:
p.000009: 6 External Territories
p.000009:
p.000009: This Act extends to every external Territory.
p.000009:
p.000009: 7 Definitions
p.000009:
p.000009: (1) In this Act:
p.000009:
p.000009: Commonwealth authority means the following:
p.000009: (a) a body corporate established for a public purpose by or under an Act;
p.000009: (b) a company in which a controlling interest is held by any one of the
p.000009: following persons, or by 2 or more of the following persons together:
p.000009: (i) the Commonwealth;
p.000009: (ii) a body covered by paragraph (a);
p.000009: (iii) a body covered by either of the above subparagraphs.
p.000009:
p.000009: corresponding State law, in relation to a State, means a law of that State
p.000009: declared by the Minister, by notice in the Gazette, to be a corresponding State
p.000009: law for the purposes of this Act.
p.000009:
p.000009: human embryo means a discrete entity that has arisen from either:
p.000009: (a) the first mitotic division when fertilisation of a human oocyte by a human
p.000009: sperm is complete; or
p.000009: (b) any other process that initiates organised development of a biological
p.000009: entity with a human nuclear genome or altered human nuclear genome
p.000009: that has the potential to develop up to, or beyond, the stage at which the
p.000009: primitive streak appears;
p.000009: and has not yet reached 8 weeks of development since the first mitotic
p.000009: division.
p.000009:
p.000009: hybrid embryo means:
p.000009: (a) an embryo created by the fertilisation of a human egg by animal sperm;
p.000009: or
...
Political / criminal
Searching for indicator criminal:
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p.000009: purposes of subsection (1) if:
p.000009: (a) the use consists only of:
p.000009: (i) storage of the excess ART embryo; or
p.000009: (ii) removal of the excess ART embryo from storage; or
p.000009: (iii) transport of the excess ART embryo; or
p.000009: (b) the use consists only of observation of the excess ART embryo; or
p.000009: (c) the use consists only of allowing the excess ART embryo to succumb; or
p.000009: (d) the use is carried out by an accredited ART centre, and:
p.000009: (i) the excess ART embryo is not suitable to be placed in the body of
p.000009: the woman for whom it was created where the suitability of the
p.000009: embryo is determined only on the basis of its biological fitness for
p.000009: implantation; and
p.000009: (ii) the use forms part of diagnostic investigations conducted in
p.000009: connection with the assisted reproductive technology treatment of
p.000009: the woman for whom the excess ART embryo was created; or
p.000009: (e) the use is carried out by an accredited ART centre and is for the
p.000009: purposes of achieving pregnancy in a woman other than the woman for
p.000009: whom the excess ART embryo was created; or
p.000009: (f) the use is of a kind prescribed by the regulations for the purposes of this
p.000009: paragraph.
p.000009:
p.000009: (3) Despite subsection 13.3(3) of the Criminal Code, a defendant does not bear
p.000009: an evidential burden in relation to any matter in subsection (1) or (2) of this
p.000009: section.
p.000009: (4) In subsection (2):
p.000009:
p.000009: diagnostic investigation, in relation to an excess ART embryo, means any
p.000009: procedure undertaken on embryos for the sole purpose of diagnostic
p.000009: investigations for the direct benefit of the woman for whom it was created.
p.000009:
p.000009: observation, in relation to an excess ART embryo, includes taking a
p.000009: photograph of the embryo, or taking a recording of the embryo from which a
p.000009: visual image can be produced.
p.000009:
p.000009: 10A Offence—use of other embryos
p.000009:
p.000009: A person commits an offence if:
p.000009: (a) the person intentionally uses an embryo; and
p.000009: (b) the embryo is:
p.000009: (i) a human embryo created by a process other than the fertilisation of
p.000009: a human egg by a human sperm; or
p.000009: (ii) a human embryo created by a process other than the fertilisation of
p.000009: a human egg by a human sperm that contains genetic material
p.000009: provided by more than 2 persons; or
p.000009: (iii) a human embryo created using precursor cells taken from a human
p.000009: embryo or a human fetus; or
...
Health / Mentally Disabled
Searching for indicator disability:
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p.000009: members’ interests in matters being considered by the NHMRC Licensing
p.000009: Committee.
p.000009:
p.000009: (5) The following provisions do not have effect in relation to the NHMRC
p.000009: Licensing Committee at any time when regulations under subsection (4) are in
p.000009: force:
p.000009: (a) section 42A of the National Health and Medical Research Council Act
p.000009: 1992;
p.000009: (b) section 29 of the Public Governance, Performance and Accountability
p.000009: Act 2013 (which deals with the duty to disclose interests) and any rules
p.000009: made for the purposes of that section.
p.000009:
p.000009: 14 Functions of Committee
p.000009:
p.000009: The functions of the NHMRC Licensing Committee are:
p.000009: (a) to perform functions in relation to licences under Division 4; and
p.000009: (b) to perform functions in relation to databases under Division 5; and
p.000009: (c) to perform such other functions as are conferred on it by this Act or any
p.000009: other law.
p.000009: 15 Powers of Committee
p.000009:
p.000009: The NHMRC Licensing Committee has power to do all things necessary or
p.000009: convenient to be done for or in connection with the performance of its
p.000009: functions.
p.000009:
p.000009: 16 Membership of Committee
p.000009:
p.000009: (1) The NHMRC Licensing Committee consists of the following members:
p.000009: (a) a member of AHEC;
p.000009: (b) a person with expertise in research ethics;
p.000009: (c) a person with expertise in a relevant area of research;
p.000009: (d) a person with expertise in assisted reproductive technology;
p.000009: (e) a person with expertise in a relevant area of law;
p.000009: (f) a person with expertise in consumer health issues relating to disability
p.000009: and disease;
p.000009: (g) a person with expertise in consumer issues relating to assisted
p.000009: reproductive technology;
p.000009: (h) a person with expertise in the regulation of assisted reproductive
p.000009: technology;
p.000009: (i) a person with expertise in embryology.
p.000009:
p.000009: (2) The Minister must appoint the members of the NHMRC Licensing
p.000009: Committee.
p.000009:
p.000009: (3) Before appointing a member, the Minister must:
p.000009: (a) seek nominations from the States and from such bodies as are
p.000009: prescribed by the regulations for the purpose;
p.000009: (b) consult, and have regard to the views expressed by, the States on the
p.000009: proposed appointment; and
p.000009: (c) be satisfied upon receipt of a written declaration by the member
p.000009: proposed to be appointed that the member proposed does not have a
p.000009: direct or indirect pecuniary interest in a body that undertakes uses of
p.000009: excess ART embryos or human eggs, or creation or uses of other
p.000009: embryos, being an interest of a kind that could conflict with the proper
p.000009: performance of the member’s functions.
p.000009:
p.000009: (4) The Minister must appoint one of the members, other than the member
p.000009: mentioned in paragraph (1)(a), as the Chairperson of the NHMRC Licensing
p.000009: Committee.
p.000009:
p.000009: (5) The Minister must not appoint a person:
p.000009: (a) as the Chairperson under subsection (4); or
p.000009: (b) as the member mentioned in paragraph (1)(h);
p.000009: unless a majority of the States agree with that appointment.
p.000009:
p.000009: (6) In appointing the members of the NHMRC Licensing Committee, the Minister
p.000009: must have regard to the desirability of ensuring that the Committee as a whole
p.000009: comprises members from different States.
p.000009:
...
Social / Access to Social Goods
Searching for indicator access:
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p.000009: equipment, or that a tape, disk or other storage device at the premises,
p.000009: contains information mentioned in subsection (2), the inspector may:
p.000009: (a) operate equipment or facilities at the premises to put the information in
p.000009: documentary form and copy the document so produced; or
p.000009: (b) if the information can be transferred to a tape, disk or other storage
p.000009: device that:
p.000009: (i) is brought to the premises; or
p.000009: (ii) is at the premises and the use of which has been agreed to in
p.000009: writing by the occupier of the premises;
p.000009: operate the equipment or other facilities to copy the information to the
p.000009: storage device, and remove the storage device from the premises.
p.000009:
p.000009: 37 Power to secure
p.000009:
p.000009: If an inspector, during a search of premises, believes on reasonable grounds
p.000009: that there is at the premises a human embryo, another embryo, a human egg
p.000009: or a thing that may afford evidence of the commission of an offence against
p.000009: this Act, the monitoring powers include securing the embryo, the egg or the
p.000009: thing pending the obtaining of a warrant (whether by the inspector or by
p.000009: another person) to seize it.
p.000009:
p.000009: 37A Monitoring warrants
p.000009:
p.000009: (1) An inspector may apply to a magistrate for a warrant under this section in
p.000009: relation to premises.
p.000009:
p.000009: (2) Subject to subsection (3), the magistrate may issue the warrant if the
p.000009: magistrate is satisfied by information on oath or affirmation that it is reasonably
p.000009: necessary that one or more inspectors should have access to the premises for
p.000009: the purposes of finding out whether this Act or the regulations have been
p.000009: complied with.
p.000009:
p.000009: (3) The magistrate must not issue the warrant unless the inspector or some other
p.000009: person has given to the magistrate, either orally or by affidavit, such further
p.000009: information (if any) as the magistrate requires concerning the grounds on
p.000009: which the issue of the warrant is being sought.
p.000009:
p.000009: (4) The warrant must:
p.000009: (a) authorise one or more inspectors (whether or not named in the warrant)
p.000009: with such assistance and by such force as is necessary and reasonable:
p.000009: (i) to enter the premises; and
p.000009: (ii) to exercise the powers set out in section 36 in relation to the
p.000009: premises; and
p.000009: (b) state whether the entry is authorised to be made at any time of the day
p.000009: or night or during specified hours of the day or night; and
p.000009: (c) specify the day (not more than 15 days after the issue of the warrant) on
p.000009: which the warrant ceases to have effect; and
p.000009: (d) state the purpose for which the warrant is issued.
p.000009:
p.000009: 37B Details of warrant to be given to occupier etc.
p.000009:
p.000009: (1) If a warrant under section 37A is being executed and the occupier of the
p.000009: premises or another person who apparently represents the occupier is present
p.000009: at the premises, the inspector must make available to that person a copy of
p.000009: the warrant.
p.000009:
p.000009: (2) The inspector must identify himself or herself to that person.
p.000009:
p.000009: (3) The copy of the warrant referred to in subsection (1) need not include the
p.000009: signature of the magistrate who issued the warrant.
p.000009:
p.000009: 37C Announcement before entry
p.000009:
p.000009: An inspector must, before entering premises under a warrant:
...
Social / Fetus/Neonate
Searching for indicator fetus:
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p.000009: an evidential burden in relation to any matter in subsection (1) or (2) of this
p.000009: section.
p.000009: (4) In subsection (2):
p.000009:
p.000009: diagnostic investigation, in relation to an excess ART embryo, means any
p.000009: procedure undertaken on embryos for the sole purpose of diagnostic
p.000009: investigations for the direct benefit of the woman for whom it was created.
p.000009:
p.000009: observation, in relation to an excess ART embryo, includes taking a
p.000009: photograph of the embryo, or taking a recording of the embryo from which a
p.000009: visual image can be produced.
p.000009:
p.000009: 10A Offence—use of other embryos
p.000009:
p.000009: A person commits an offence if:
p.000009: (a) the person intentionally uses an embryo; and
p.000009: (b) the embryo is:
p.000009: (i) a human embryo created by a process other than the fertilisation of
p.000009: a human egg by a human sperm; or
p.000009: (ii) a human embryo created by a process other than the fertilisation of
p.000009: a human egg by a human sperm that contains genetic material
p.000009: provided by more than 2 persons; or
p.000009: (iii) a human embryo created using precursor cells taken from a human
p.000009: embryo or a human fetus; or
p.000009: (iv) a hybrid embryo; and
p.000009: (c) the use by the person is not authorised by a licence.
p.000009:
p.000009: Penalty: Imprisonment for 5 years.
p.000009:
p.000009: Note: The creation or development of embryos mentioned in this section is prohibited under
p.000009: Part 2 of the Prohibition of Human Cloning for Reproduction Act 2002, unless
p.000009: authorised by a licence under this Act.
p.000009:
p.000009:
p.000009: 10B Offence—certain activities involving use of human eggs
p.000009:
p.000009: A person commits an offence if:
p.000009: (a) the person undertakes research or training involving the fertilisation of a
p.000009: human egg by a human sperm up to, but not including, the first mitotic
p.000009: division, outside the body of a woman for the purposes of research or
p.000009: training in ART; and
p.000009: (b) the person is not authorised by a licence to undertake the research or
p.000009: training.
p.000009:
p.000009: Penalty: Imprisonment for 5 years.
p.000009:
p.000009: 11 Offence—use of embryo that is not an excess ART embryo
p.000009:
p.000009: A person commits an offence if:
p.000009: (a) the person intentionally uses, outside the body of a woman, a human
p.000009: embryo:
p.000009: (i) that was created by fertilisation of a human egg by a human sperm;
p.000009: and
p.000009: (ii) that is not an excess ART embryo; and
p.000009: (b) the use is not for a purpose relating to the assisted reproductive
p.000009: technology treatment of a woman carried out by an accredited ART
p.000009: centre, and the person knows or is reckless as to that fact.
p.000009:
...
p.000009: NHMRC Licensing Committee.
p.000009:
p.000009: (2) The NHMRC Licensing Committee must give written details relating to its
p.000009: operations to the CEO of the NHMRC for the purposes of subsection (1).
p.000009:
p.000009: 19 Reports to Parliament
p.000009:
p.000009: (1) The NHMRC Licensing Committee may at any time cause a report about
p.000009: matters relating to the Committee’s functions to be tabled in either House of
p.000009: the Parliament.
p.000009:
p.000009: (2) The NHMRC Licensing Committee must give a copy of the report to the
p.000009: Minister and to each State.
p.000009:
p.000009: (3) The NHMRC Licensing Committee must cause a report to be tabled in either
p.000009: House of Parliament on or before:
p.000009: (a) 30 June of each year; and
p.000009: (b) 31 December of each year; and
p.000009: (c) any other time required by either House of Parliament;
p.000009: that must include information about:
p.000009: (d) the operation of this Act; and
p.000009: (e) the licences issued under this Act.
p.000009:
p.000009: Division 4—Licensing system
p.000009:
p.000009: 20 Person may apply for licence
p.000009:
p.000009: (1) A person may apply to the NHMRC Licensing Committee for a licence
p.000009: authorising one or more of the following:
p.000009: (a) use of excess ART embryos;
p.000009: (b) creation of human embryos other than by fertilisation of a human egg by
p.000009: a human sperm, and use of such embryos;
p.000009: (c) creation of human embryos other than by fertilisation of a human egg by
p.000009: a human sperm that contain genetic material provided by more than 2
p.000009: persons, and use of such embryos;
p.000009: (d) creation of human embryos using precursor cells from a human embryo
p.000009: or a human fetus, and use of such embryos;
p.000009: (e) research and training involving the fertilisation of a human egg by a
p.000009: human sperm up to, but not including, the first mitotic division, outside the
p.000009: body of a woman for the purposes of research or training in ART;
p.000009: (f) creation of hybrid embryos by the fertilisation of an animal egg by a
p.000009: human sperm, and use of such embryos up to, but not including, the first
p.000009: mitotic division, if:
p.000009: (i) the creation or use is for the purposes of testing sperm quality; and
p.000009: (ii) the creation or use will occur in an accredited ART centre.
p.000009:
p.000009: (1A) To avoid doubt, paragraphs (1)(a), (b), (c) and (d) do not permit the NHMRC
p.000009: Licensing Committee to authorise any use of an excess ART embryo or other
p.000009: embryo that would result in the development of the embryo for a period of
p.000009: more than 14 days, excluding any period when development is suspended.
p.000009:
p.000009: (2) An application under subsection (1):
p.000009: (a) must be made in accordance with the requirements (if any) specified in
p.000009: writing by the NHMRC Licensing Committee; and
p.000009: (b) must be accompanied by the fee (if any) prescribed by the regulations.
p.000009:
p.000009: 21 Determination of application by Committee
p.000009:
p.000009: (1) This section applies if a person has made an application under section 20 for
p.000009: a licence.
p.000009:
p.000009: (2) The NHMRC Licensing Committee must decide, in accordance with this
p.000009: section, whether or not to issue the licence.
p.000009:
p.000009: (3) The NHMRC Licensing Committee must not issue the licence unless it is
p.000009: satisfied of the following:
...
Social / Police Officer
Searching for indicator officer:
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p.000009: (a) the damage was caused to the equipment or other facilities as a result of
p.000009: it being operated by an inspector as mentioned in this Part; and
p.000009: (b) the damage was caused as a result of insufficient care being exercised
p.000009: by the inspector operating the equipment or other facilities.
p.000009:
p.000009: (2) Compensation is payable out of money appropriated by the Parliament.
p.000009:
p.000009: (3) In determining the amount of compensation payable, regard is to be had to
p.000009: whether the occupier of the premises and his or her employees and agents, if
p.000009: they were available at the time, had provided any warning or guidance as to
p.000009: the operation of the equipment or other facilities that was appropriate in the
p.000009: circumstances.
p.000009:
p.000009: 41 Extended operation of Part
p.000009:
p.000009: A reference in this Part to this Act includes a reference to theProhibition of
p.000009: Human Cloning Act 2002, and a reference in this Part to the regulations
p.000009: includes a reference to regulations made under the Prohibition of Human
p.000009: Cloning Act 2002.
p.000009:
p.000009: Part 4—Commonwealth/State arrangements
p.000009:
p.000009: 42 Operation of State laws
p.000009:
p.000009: This Act is not intended to exclude the operation of any law of a State, to the
p.000009: extent that the law of the State is capable of operating concurrently with this
p.000009: Act.
p.000009:
p.000009: 43 Conferral of functions on Commonwealth officers and bodies
p.000009:
p.000009: (1) A corresponding State law may confer functions, powers and duties on the
p.000009: following:
p.000009: (a) the NHMRC Licensing Committee;
p.000009: (b) a Commonwealth authority;
p.000009: (c) an officer of the Commonwealth or a Commonwealth authority.
p.000009:
p.000009: (2) If a function, power or duty is conferred on a person or body under
p.000009: subsection (1), the person or body may perform the function or duty or
p.000009: exercise the power, as the case requires.
p.000009:
p.000009: (3) Subsection (1) does not authorise the conferral of a function or power, or the
p.000009: imposition of a duty, by a corresponding State law to the extent to which:
p.000009: (a) the conferral or imposition, or the authorisation, would contravene any
p.000009: constitutional doctrines restricting the duties that may be imposed on a
p.000009: Commonwealth body, officer or authority; or
p.000009: (b) the authorisation would otherwise exceed the legislative power of the
p.000009: Commonwealth.
p.000009:
p.000009: (4) This Act is not intended to exclude or limit the operation of a corresponding
p.000009: State law that confers any functions or powers, or imposes any duties, on the
p.000009: NHMRC Licensing Committee, a Commonwealth officer or a Commonwealth
p.000009: authority to the extent to which that law:
p.000009: (a) is consistent with subsections (1) and (2); and
p.000009: (b) is capable of operating concurrently with this Act.
p.000009:
p.000009: 44 When duty imposed
p.000009:
p.000009: (1) This section applies if a corresponding State law purports to impose a duty on
p.000009: the following:
p.000009: (a) the NHMRC Licensing Committee;
p.000009: (b) a Commonwealth authority;
p.000009: (c) an officer of the Commonwealth or a Commonwealth authority.
p.000009:
p.000009: (2) The duty is taken not to be imposed by this Act (or any other law of the
p.000009: Commonwealth) to the extent to which:
p.000009: (a) imposing the duty is within the legislative powers of the State concerned;
p.000009: and
p.000009: (b) imposing the duty by the corresponding State law is consistent with the
p.000009: constitutional doctrines restricting the duties that may be imposed on a
p.000009: Commonwealth body, officer or authority.
p.000009:
p.000009: Note: If this subsection applies, the duty will be taken to be imposed by force of the
p.000009: corresponding State law (the Commonwealth having consented under section 43 to the
p.000009:
p.000009: imposition of the duty by the corresponding State law).
p.000009:
p.000009:
p.000009: (3) If, to ensure the validity of the purported imposition of the duty, it is
p.000009: necessary that the duty be imposed by a law of the Commonwealth (rather
p.000009: than by force of the corresponding State law), the duty is taken to be imposed
p.000009: by this Act to the extent necessary to ensure that validity.
p.000009:
p.000009: (4) If, because of subsection (3), this Act is taken to impose the duty, it is the
p.000009: intention of the Parliament to rely on all powers available to it under the
p.000009: Constitution to support the imposition of the duty by this Act.
p.000009:
p.000009: (5) The duty is taken to be imposed by this Act in accordance with subsection (3)
p.000009: only to the extent to which imposing the duty:
p.000009: (a) is within the legislative power of the Commonwealth; and
p.000009: (b) is consistent with the constitutional doctrines restricting the duties that
p.000009: may be imposed on a Commonwealth body, officer or authority.
p.000009:
p.000009: (6) To avoid doubt, neither this Act (nor any other law of the Commonwealth)
p.000009: imposes a duty on the NHMRC Licensing Committee, a Commonwealth officer
p.000009: or a Commonwealth authority to the extent to which imposing such a duty
p.000009: would:
p.000009: (a) contravene any constitutional doctrine restricting the duties that may be
p.000009: imposed on a Commonwealth body, officer or authority; or
p.000009: (b) otherwise exceed the legislative power of the Commonwealth.
p.000009:
p.000009: (7) Subsections (1) to (6) do not limit section 43.
p.000009:
p.000009: 45 Review of certain decisions
p.000009:
p.000009: (1) Application may be made to the Administrative Appeals Tribunal for review of
p.000009: a reviewable State decision.
p.000009:
p.000009: (2) A decision made by the NHMRC Licensing Committee in the performance of
p.000009: a function or the exercise of a power conferred by a corresponding State law is
p.000009: a reviewable State decision for the purposes of this section if:
p.000009: (a) the law under which the decision was made provides for review by the
p.000009: Administrative Appeals Tribunal; and
p.000009: (b) the decision is declared by the regulations to be a reviewable State
p.000009: decision for the purposes of this section.
p.000009:
p.000009: (3) For the purposes of this section, the Administrative Appeals Tribunal Act
p.000009: 1975 has effect as if a corresponding State law were an enactment.
p.000009:
p.000009: Part 5—Sunset clause, review provision and regulations
p.000009: Division 1—Repeal
p.000009:
p.000009: 46 Repeal of paragraphs 21(3)(b) and 24(1)(c) and subsection 24(3)
p.000009:
p.000009: Paragraphs 21(3)(b) and 24(1)(c) and subsection 24(3) are repealed on
p.000009: whichever of the following days applies:
p.000009: (a) 5 April 2005;
p.000009: (b) if the Council of Australian Governments declares an earlier day by
p.000009: notice in the Gazette—that earlier day.
p.000009:
p.000009: Division 2—Review of Act
p.000009:
p.000009: 47 Review of operation of Act
p.000009:
p.000009: (1) The CEO of the NHMRC must cause an independent review of the operation
p.000009: of this Act to be undertaken as soon as possible after the second anniversary
...
Social / Property Ownership
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p.000009: Text Download Buy print copy
p.000009:
p.000009: Home Acts In force Details: C2016C00968 ACCOUNT
p.000009:
p.000009:
p.000009: Research Involving Human Embryos Act 2002
p.000009:
p.000009: - C2016C00968
p.000009: In force - Latest Version
p.000009: View Series
p.000009:
p.000009:
p.000009: DETAILS EXPAND
p.000009:
p.000009:
p.000009:
p.000009: TABLE OF CONTENTS. Expand All Collapse All
p.000009:
p.000009:
p.000009:
p.000009:
p.000009: TOC SHOW
p.000009:
p.000009:
p.000009:
p.000009:
p.000009: Research Involving Human Embryos Act 2002
p.000009: No. 145, 2002
p.000009:
p.000009:
p.000009:
p.000009:
p.000009: Compilation No. 6
p.000009:
p.000009: Compilation date: 21 October 2016
p.000009:
p.000009: Includes amendments up to: Act No. 61, 2016
p.000009:
p.000009: Registered: 24 October 2016
p.000009:
p.000009: About this compilation
p.000009: This compilation
p.000009: This is a compilation of the Research Involving Human Embryos Act 2002 that shows the
p.000009: text of the law as amended and in force on 21 October 2016 (the compilation date).
p.000009: The notes at the end of this compilation (the endnotes) include information about
p.000009: amending laws and the amendment history of provisions of the compiled law.
p.000009: Uncommenced amendments
p.000009: The effect of uncommenced amendments is not shown in the text of the compiled law.
...
Social / education
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p.000009: before the fourth anniversary of the day on which the amending Act received
p.000009: the Royal Assent.
p.000009:
p.000009: (4) The persons undertaking the review must consider and report on the scope
p.000009: and operation of this Act as amended by the amending Act, taking into
p.000009: account the following:
p.000009: (a) developments in assisted reproductive technology, including
p.000009: technological, medical and scientific developments, and the actual or
p.000009: potential clinical and therapeutic applications of such research;
p.000009: (b) developments in embryonic stem cell research, including technological,
p.000009: medical and scientific developments, and the actual or potential clinical
p.000009: and therapeutic applications of such research;
p.000009: (c) community standards;
p.000009: (d) a brief analysis of international developments and legislation relating to
p.000009: the use of human embryos and related research;
p.000009: (e) an analysis of research resulting from the licenses granted;
p.000009: (f) any National Stem Cell Centre and any national register of donated
p.000009: excess ART embryos;
p.000009: (g) an evaluation of the effectiveness of legislative provisions and NHMRC
p.000009: guidelines relating to proper consent;
p.000009: (h) an evaluation of the range of matters for which the NHMRC Licensing
p.000009: Committee may issue a licence and any recommendations to increase,
p.000009: decrease or alter these arising from the evaluation;
p.000009: (i) an analysis of any research or clinical practice which has been
p.000009: prevented as a result of legislative restrictions;
p.000009: (j) the extent to which the NHMRC Licensing Committee has effectively
p.000009: used information and education tools to assist researchers working in the
p.000009: field, and any ongoing need for legally binding rulings;
p.000009: (k) the extent of Commonwealth/State cooperation in the area of human
p.000009: embryo research and the requirement for further Commonwealth or State
p.000009: legislation on the matter.
p.000009:
p.000009: (5) The report must contain recommendations about amendments that should be
p.000009: made to this Act, having regard to the matters mentioned in subsection (4).
p.000009:
p.000009: (6) The persons undertaking the review must consult:
p.000009: (a) the Commonwealth and the States; and
p.000009: (b) a broad range of persons with expertise in or experience of relevant
p.000009: disciplines;
p.000009: and the views of the Commonwealth, the States and the persons mentioned in
p.000009: paragraph (b) must be set out in the report to the extent that it is reasonably
p.000009: practicable to do so.
p.000009: (7) In this section:
p.000009:
p.000009: Prohibition of Human Cloning for Reproduction Act further review means
p.000009: the review mentioned in section 25A of the Prohibition of Human Cloning for
p.000009: Reproduction Act 2002.
p.000009:
p.000009: 47B Minister to report to Parliament
p.000009:
p.000009: (1) The Minister must prepare a report on the following matters:
p.000009: (a) the establishment of a National Stem Cell Centre and a national register
p.000009: of donated excess ART embryos; and
p.000009: (b) the making of guidelines referred to in this Act, to the extent that those
p.000009: guidelines were not in force on the day on which this Act commenced.
p.000009:
p.000009: (2) The report must be completed not later than 6 months after the day on which
p.000009: Prohibition of Human Cloning for Reproduction and the Regulation of Human
...
Social / embryo
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p.000009: Self‑repealing provisions
p.000009: If a provision of the compiled law has been repealed in accordance with a provision of the
p.000009: law, details are included in the endnotes.
p.000009:
p.000009:
p.000009:
p.000009:
p.000009: Contents
p.000009: Part 1—Preliminary 1
p.000009:
p.000009: 1............ Short title............................................................................................. 1
p.000009:
p.000009: 2............ Commencement................................................................................... 1
p.000009:
p.000009: 3............ Object of Act....................................................................................... 2
p.000009:
p.000009: 4............ Operation of Act................................................................................. 2
p.000009:
p.000009: 5............ Act to bind the Crown......................................................................... 3
p.000009:
p.000009: 6............ External Territories.............................................................................. 3
p.000009:
p.000009: 7............ Definitions.......................................................................................... 3
p.000009:
p.000009: Part 2—Regulation of the use of excess ART embryos, other embryos
p.000009: and human eggs 6
p.000009:
p.000009: Division 1—Interpretation 6
p.000009:
p.000009: 8............ Definitions.......................................................................................... 6
p.000009:
p.000009: 9............ Meaning of excess ART embryo.......................................................... 7
p.000009:
p.000009: Division 2—Offences 9
p.000009:
p.000009: 10.......... Offence—use of excess ART embryo................................................ 9
p.000009:
p.000009: 10A....... Offence—use of other embryos........................................................ 10
p.000009:
p.000009: 10B....... Offence—certain activities involving use of human eggs.................. 11
p.000009:
p.000009: 11.......... Offence—use of embryo that is not an excess ART embryo............11
p.000009:
p.000009: 12.......... Offence—breaching a licence condition............................................ 11
p.000009:
p.000009: 12A....... Person not liable for conduct purportedly authorised........................ 12
p.000009:
p.000009: Division 3—Embryo Research Licensing Committee of the NHMRC 13
p.000009: 13.......... Establishment of Committee.............................................................. 13
p.000009:
p.000009: 14.......... Functions of Committee.................................................................... 14
p.000009:
p.000009: 15.......... Powers of Committee........................................................................ 14
p.000009:
p.000009: 16.......... Membership of Committee................................................................ 14
p.000009:
p.000009: 17.......... Terms of appointment....................................................................... 16
p.000009:
p.000009: 18.......... Annual report.................................................................................... 16
p.000009:
p.000009: 19.......... Reports to Parliament........................................................................ 16
p.000009:
p.000009: Division 4—Licensing system 18
p.000009:
p.000009: 20.......... Person may apply for licence............................................................ 18
p.000009:
p.000009: 21.......... Determination of application by Committee...................................... 19
p.000009:
p.000009: 22.......... Notification of decision..................................................................... 20
p.000009:
p.000009: 23.......... Period of licence................................................................................ 20
p.000009:
p.000009: 24.......... Licence is subject to conditions......................................................... 21
p.000009:
p.000009: 25.......... Variation of licence........................................................................... 22
p.000009:
...
p.000009: mentioned in paragraphs (a) to (e) of this subsection.
p.000009:
p.000009: (2) In this section:
p.000009:
p.000009: constitutional corporation means a trading, foreign or financial corporation
p.000009: within the meaning of paragraph 51(xx) of the Constitution.
p.000009:
p.000009: constitutional trade or commerce means trade or commerce:
p.000009: (a) between Australia and places outside Australia; or
p.000009: (b) among the States; or
p.000009: (c) by way of the supply of services to the Commonwealth or to a
p.000009: Commonwealth authority.
p.000009:
p.000009: 5 Act to bind the Crown
p.000009:
p.000009: (1) This Act binds the Crown in each of its capacities.
p.000009:
p.000009: (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
p.000009:
p.000009: 6 External Territories
p.000009:
p.000009: This Act extends to every external Territory.
p.000009:
p.000009: 7 Definitions
p.000009:
p.000009: (1) In this Act:
p.000009:
p.000009: Commonwealth authority means the following:
p.000009: (a) a body corporate established for a public purpose by or under an Act;
p.000009: (b) a company in which a controlling interest is held by any one of the
p.000009: following persons, or by 2 or more of the following persons together:
p.000009: (i) the Commonwealth;
p.000009: (ii) a body covered by paragraph (a);
p.000009: (iii) a body covered by either of the above subparagraphs.
p.000009:
p.000009: corresponding State law, in relation to a State, means a law of that State
p.000009: declared by the Minister, by notice in the Gazette, to be a corresponding State
p.000009: law for the purposes of this Act.
p.000009:
p.000009: human embryo means a discrete entity that has arisen from either:
p.000009: (a) the first mitotic division when fertilisation of a human oocyte by a human
p.000009: sperm is complete; or
p.000009: (b) any other process that initiates organised development of a biological
p.000009: entity with a human nuclear genome or altered human nuclear genome
p.000009: that has the potential to develop up to, or beyond, the stage at which the
p.000009: primitive streak appears;
p.000009: and has not yet reached 8 weeks of development since the first mitotic
p.000009: division.
p.000009:
p.000009: hybrid embryo means:
p.000009: (a) an embryo created by the fertilisation of a human egg by animal sperm;
p.000009: or
p.000009: (b) an embryo created by the fertilisation of an animal egg by human sperm;
p.000009: or
p.000009: (c) a human egg into which the nucleus of an animal cell has been
p.000009: introduced; or
p.000009: (d) an animal egg into which the nucleus of a human cell has been
p.000009: introduced; or
p.000009: (e) a thing declared by the regulations to be a hybrid embryo.
p.000009:
p.000009: inspector means a person appointed as an inspector under subsection 33(1).
p.000009:
p.000009: NHMRC Licensing Committee means the Committee established by
p.000009: section 13.
p.000009:
p.000009: spouse, in relation to a person, includes a de facto partner of the person
p.000009: within the meaning of the Acts Interpretation Act 1901.
p.000009:
p.000009: State includes the Australian Capital Territory and the Northern Territory.
p.000009:
p.000009: the NHMRC means the National Health and Medical Research Council
p.000009: established by the National Health and Medical Research Council Act 1992.
p.000009:
p.000009: unsuitable for implantation, in relation to a human embryo, means a human
p.000009: embryo that:
p.000009: (a) is diagnosed by preimplantation genetic diagnosis as unsuitable for
p.000009: implantation, in accordance with the Ethical Guidelines on the Use of
p.000009: Assisted Reproductive Technology in Clinical Practice and Research
p.000009: (2004), issued by the CEO of the NHMRC; or
p.000009: (b) is determined to be unsuitable for implantation in the body of a woman,
p.000009: in accordance with objective criteria specified in guidelines issued by the
p.000009: CEO of the NHMRC under the National Health and Medical Research
p.000009: Council Act 1992 and prescribed by the regulations for the purposes of
p.000009: this paragraph.
p.000009:
p.000009: use includes develop, or development, as the case requires.
p.000009:
p.000009: woman means a female human.
p.000009:
p.000009: (2) For the purposes of the definition of human embryo in subsection (1), in
p.000009: working out the length of the period of development of a human embryo, any
p.000009: period when the development of the embryo is suspended is to be
p.000009: disregarded.
p.000009: (3) A reference in this Act to an embryo (including a human embryo) is a
p.000009: reference to a living embryo.
p.000009:
p.000009: (4) A reference in this Act to a human egg is a reference to a human oocyte.
p.000009:
p.000009: (5) A reference in this Act to a human embryo does not include a reference to:
p.000009: (a) a hybrid embryo; or
p.000009: (b) a human embryonic stem cell line.
p.000009:
p.000009: Part 2—Regulation of the use of excess ART embryos,
p.000009: other embryos and human eggs
p.000009: Division 1—Interpretation
p.000009:
p.000009: 8 Definitions
p.000009:
p.000009: In this Part:
p.000009:
p.000009: accredited ART centre means a person or body accredited to carry out
p.000009: assisted reproductive technology by:
p.000009: (a) the Reproductive Technology Accreditation Committee of the Fertility
p.000009: Society of Australia; or
p.000009: (b) if the regulations prescribe another body or other bodies in addition to,
p.000009: or instead of, the body mentioned in paragraph (a)—that other body or
p.000009: any of those other bodies, as the case requires.
p.000009:
p.000009: AHEC means the Australian Health Ethics Committee established by the
p.000009: National Health and Medical Research Council Act 1992.
p.000009:
p.000009: confidential commercial information means information that has a
p.000009: commercial or other value that would be, or could reasonably be expected to
p.000009: be, destroyed or diminished if the information were disclosed.
p.000009:
p.000009: disclose, in relation to information, means give or communicate in any way.
p.000009:
p.000009: excess ART embryo has the meaning given by section 9.
p.000009:
p.000009: HREC means a Human Research Ethics Committee.
p.000009:
p.000009: licence means a licence issued under section 21.
p.000009:
p.000009: proper consent, in relation to the use of an excess ART embryo or a human
p.000009: egg, or the creation or use of any other embryo, means consent obtained in
p.000009: accordance with guidelines issued by the CEO of the NHMRC under the
p.000009: National Health and Medical Research Council Act 1992 and prescribed by the
p.000009: regulations for the purposes of this definition.
p.000009:
p.000009: relevant State body means a person or body notified by a State to the
p.000009: Chairperson of the NHMRC Licensing Committee for the purposes of this
p.000009: Part.
p.000009:
p.000009: responsible person means:
p.000009: (a) in relation to an excess ART embryo:
p.000009: (i) each person who provided the egg or sperm from which the
p.000009: embryo was created; and
p.000009: (ii) the woman for whom the embryo was created, for the purpose of
p.000009: achieving her pregnancy; and
p.000009: (iii) any person who was the spouse of a person mentioned in
p.000009: subparagraph (i) at the time the egg or sperm mentioned in that
p.000009: subparagraph was provided; and
p.000009: (iv) any person who was the spouse of the woman mentioned in
p.000009: subparagraph (ii) at the time the embryo was created; or
p.000009: (b) in relation to an embryo other than an excess ART embryo—each
p.000009: person whose reproductive material, genetic material or cell was used, or
p.000009: is proposed to be used, in the creation or use of the embryo; or
p.000009: (c) in relation to a human egg—the woman who was the biological donor of
p.000009: the egg.
p.000009:
p.000009: 9 Meaning of excess ART embryo
p.000009:
p.000009: (1) In this Part:
p.000009:
p.000009: excess ART embryo means a human embryo that:
p.000009: (a) was created, by assisted reproductive technology, for use in the
p.000009: assisted reproductive technology treatment of a woman; and
p.000009: (b) is excess to the needs of:
p.000009: (i) the woman for whom it was created; and
p.000009: (ii) her spouse (if any) at the time the embryo was created.
p.000009:
p.000009: (2) For the purposes of paragraph (b) of the definition of excess ART embryo, a
p.000009: human embryo is excess to the needs of the persons mentioned in that
p.000009: paragraph at a particular time if:
p.000009: (a) each such person has given written authority for use of the embryo for a
p.000009: purpose other than a purpose relating to the assisted reproductive
p.000009: technology treatment of the woman concerned, and the authority is in
p.000009: force at that time; or
p.000009: (b) each such person has determined in writing that the embryo is excess to
p.000009: their needs, and the determination is in force at that time.
p.000009:
p.000009: Division 2—Offences
p.000009:
p.000009: 10 Offence—use of excess ART embryo
p.000009:
p.000009: (1) A person commits an offence if the person intentionally uses an excess ART
p.000009: embryo, unless:
p.000009: (a) the use by the person is authorised by a licence; or
p.000009: (b) the use by the person is an exempt use within the meaning of
p.000009: subsection (2).
p.000009:
p.000009: Penalty: Imprisonment for 5 years.
p.000009:
p.000009: (2) A use of an excess ART embryo by a person is an exempt use for the
p.000009: purposes of subsection (1) if:
p.000009: (a) the use consists only of:
p.000009: (i) storage of the excess ART embryo; or
p.000009: (ii) removal of the excess ART embryo from storage; or
p.000009: (iii) transport of the excess ART embryo; or
p.000009: (b) the use consists only of observation of the excess ART embryo; or
p.000009: (c) the use consists only of allowing the excess ART embryo to succumb; or
p.000009: (d) the use is carried out by an accredited ART centre, and:
p.000009: (i) the excess ART embryo is not suitable to be placed in the body of
p.000009: the woman for whom it was created where the suitability of the
p.000009: embryo is determined only on the basis of its biological fitness for
p.000009: implantation; and
p.000009: (ii) the use forms part of diagnostic investigations conducted in
p.000009: connection with the assisted reproductive technology treatment of
p.000009: the woman for whom the excess ART embryo was created; or
p.000009: (e) the use is carried out by an accredited ART centre and is for the
p.000009: purposes of achieving pregnancy in a woman other than the woman for
p.000009: whom the excess ART embryo was created; or
p.000009: (f) the use is of a kind prescribed by the regulations for the purposes of this
p.000009: paragraph.
p.000009:
p.000009: (3) Despite subsection 13.3(3) of the Criminal Code, a defendant does not bear
p.000009: an evidential burden in relation to any matter in subsection (1) or (2) of this
p.000009: section.
p.000009: (4) In subsection (2):
p.000009:
p.000009: diagnostic investigation, in relation to an excess ART embryo, means any
p.000009: procedure undertaken on embryos for the sole purpose of diagnostic
p.000009: investigations for the direct benefit of the woman for whom it was created.
p.000009:
p.000009: observation, in relation to an excess ART embryo, includes taking a
p.000009: photograph of the embryo, or taking a recording of the embryo from which a
p.000009: visual image can be produced.
p.000009:
p.000009: 10A Offence—use of other embryos
p.000009:
p.000009: A person commits an offence if:
p.000009: (a) the person intentionally uses an embryo; and
p.000009: (b) the embryo is:
p.000009: (i) a human embryo created by a process other than the fertilisation of
p.000009: a human egg by a human sperm; or
p.000009: (ii) a human embryo created by a process other than the fertilisation of
p.000009: a human egg by a human sperm that contains genetic material
p.000009: provided by more than 2 persons; or
p.000009: (iii) a human embryo created using precursor cells taken from a human
p.000009: embryo or a human fetus; or
p.000009: (iv) a hybrid embryo; and
p.000009: (c) the use by the person is not authorised by a licence.
p.000009:
p.000009: Penalty: Imprisonment for 5 years.
p.000009:
p.000009: Note: The creation or development of embryos mentioned in this section is prohibited under
p.000009: Part 2 of the Prohibition of Human Cloning for Reproduction Act 2002, unless
p.000009: authorised by a licence under this Act.
p.000009:
p.000009:
p.000009: 10B Offence—certain activities involving use of human eggs
p.000009:
p.000009: A person commits an offence if:
p.000009: (a) the person undertakes research or training involving the fertilisation of a
p.000009: human egg by a human sperm up to, but not including, the first mitotic
p.000009: division, outside the body of a woman for the purposes of research or
p.000009: training in ART; and
p.000009: (b) the person is not authorised by a licence to undertake the research or
p.000009: training.
p.000009:
p.000009: Penalty: Imprisonment for 5 years.
p.000009:
p.000009: 11 Offence—use of embryo that is not an excess ART embryo
p.000009:
p.000009: A person commits an offence if:
p.000009: (a) the person intentionally uses, outside the body of a woman, a human
p.000009: embryo:
p.000009: (i) that was created by fertilisation of a human egg by a human sperm;
p.000009: and
p.000009: (ii) that is not an excess ART embryo; and
p.000009: (b) the use is not for a purpose relating to the assisted reproductive
p.000009: technology treatment of a woman carried out by an accredited ART
p.000009: centre, and the person knows or is reckless as to that fact.
p.000009:
p.000009: Penalty: Imprisonment for 5 years.
p.000009:
p.000009: 12 Offence—breaching a licence condition
p.000009:
p.000009: (1) A person commits an offence if the person intentionally engages in conduct,
p.000009: knowing that the conduct contravenes a condition of a licence that applies to
p.000009: the person, or reckless as to whether the conduct contravenes a condition of
p.000009: such a licence.
p.000009: Penalty: Imprisonment for 5 years.
p.000009:
p.000009: (2) In this section:
p.000009:
p.000009: engage in conduct means:
p.000009: (a) do an act; or
p.000009: (b) omit to perform an act.
p.000009:
p.000009: 12A Person not liable for conduct purportedly authorised
p.000009:
p.000009: (1) To avoid doubt, a person is not criminally responsible for an offence against
p.000009: this Act in respect of particular conduct if:
p.000009: (a) the conduct by the person is purportedly authorised by a provision of a
p.000009: licence; and
p.000009: (b) the licence or the provision is invalid, whether because of a technical
p.000009: defect or irregularity or for any other reason; and
p.000009: (c) the person did not know, and could not reasonably be expected to have
p.000009: known, of the invalidity of the licence or the provision.
p.000009:
p.000009: (2) In this section:
p.000009:
p.000009: licence includes a purported licence.
p.000009:
p.000009: Division 3—Embryo Research Licensing Committee of the
p.000009: NHMRC
p.000009:
p.000009: 13 Establishment of Committee
p.000009:
p.000009: (1) The Embryo Research Licensing Committee of the NHMRC (the NHMRC
p.000009: Licensing Committee) is established by this section.
p.000009:
p.000009: (2) The NHMRC Licensing Committee is taken to be a Principal Committee
p.000009: within the meaning of the National Health and Medical Research Council Act
p.000009: 1992, other than for the purposes of the following provisions of that Act:
p.000009: (a) sections 5D and 5E;
p.000009: (b) section 35;
p.000009: (c) section 41;
p.000009: (d) section 80;
p.000009: (e) subsections 82(1C) and (2).
p.000009:
p.000009: (3) This section has effect despite the definition of Principal Committee in
p.000009: section 4 of the National Health and Medical Research Council Act 1992.
p.000009:
p.000009: (4) The regulations may make provision for and in relation to the disclosure of
p.000009: members’ interests in matters being considered by the NHMRC Licensing
p.000009: Committee.
p.000009:
p.000009: (5) The following provisions do not have effect in relation to the NHMRC
p.000009: Licensing Committee at any time when regulations under subsection (4) are in
p.000009: force:
p.000009: (a) section 42A of the National Health and Medical Research Council Act
p.000009: 1992;
p.000009: (b) section 29 of the Public Governance, Performance and Accountability
p.000009: Act 2013 (which deals with the duty to disclose interests) and any rules
p.000009: made for the purposes of that section.
p.000009:
p.000009: 14 Functions of Committee
p.000009:
p.000009: The functions of the NHMRC Licensing Committee are:
p.000009: (a) to perform functions in relation to licences under Division 4; and
p.000009: (b) to perform functions in relation to databases under Division 5; and
p.000009: (c) to perform such other functions as are conferred on it by this Act or any
p.000009: other law.
p.000009: 15 Powers of Committee
p.000009:
...
p.000009: Research Council Act 1992, include details relating to the operations of the
p.000009: NHMRC Licensing Committee.
p.000009:
p.000009: (2) The NHMRC Licensing Committee must give written details relating to its
p.000009: operations to the CEO of the NHMRC for the purposes of subsection (1).
p.000009:
p.000009: 19 Reports to Parliament
p.000009:
p.000009: (1) The NHMRC Licensing Committee may at any time cause a report about
p.000009: matters relating to the Committee’s functions to be tabled in either House of
p.000009: the Parliament.
p.000009:
p.000009: (2) The NHMRC Licensing Committee must give a copy of the report to the
p.000009: Minister and to each State.
p.000009:
p.000009: (3) The NHMRC Licensing Committee must cause a report to be tabled in either
p.000009: House of Parliament on or before:
p.000009: (a) 30 June of each year; and
p.000009: (b) 31 December of each year; and
p.000009: (c) any other time required by either House of Parliament;
p.000009: that must include information about:
p.000009: (d) the operation of this Act; and
p.000009: (e) the licences issued under this Act.
p.000009:
p.000009: Division 4—Licensing system
p.000009:
p.000009: 20 Person may apply for licence
p.000009:
p.000009: (1) A person may apply to the NHMRC Licensing Committee for a licence
p.000009: authorising one or more of the following:
p.000009: (a) use of excess ART embryos;
p.000009: (b) creation of human embryos other than by fertilisation of a human egg by
p.000009: a human sperm, and use of such embryos;
p.000009: (c) creation of human embryos other than by fertilisation of a human egg by
p.000009: a human sperm that contain genetic material provided by more than 2
p.000009: persons, and use of such embryos;
p.000009: (d) creation of human embryos using precursor cells from a human embryo
p.000009: or a human fetus, and use of such embryos;
p.000009: (e) research and training involving the fertilisation of a human egg by a
p.000009: human sperm up to, but not including, the first mitotic division, outside the
p.000009: body of a woman for the purposes of research or training in ART;
p.000009: (f) creation of hybrid embryos by the fertilisation of an animal egg by a
p.000009: human sperm, and use of such embryos up to, but not including, the first
p.000009: mitotic division, if:
p.000009: (i) the creation or use is for the purposes of testing sperm quality; and
p.000009: (ii) the creation or use will occur in an accredited ART centre.
p.000009:
p.000009: (1A) To avoid doubt, paragraphs (1)(a), (b), (c) and (d) do not permit the NHMRC
p.000009: Licensing Committee to authorise any use of an excess ART embryo or other
p.000009: embryo that would result in the development of the embryo for a period of
p.000009: more than 14 days, excluding any period when development is suspended.
p.000009:
p.000009: (2) An application under subsection (1):
p.000009: (a) must be made in accordance with the requirements (if any) specified in
p.000009: writing by the NHMRC Licensing Committee; and
p.000009: (b) must be accompanied by the fee (if any) prescribed by the regulations.
p.000009:
p.000009: 21 Determination of application by Committee
p.000009:
p.000009: (1) This section applies if a person has made an application under section 20 for
p.000009: a licence.
p.000009:
p.000009: (2) The NHMRC Licensing Committee must decide, in accordance with this
p.000009: section, whether or not to issue the licence.
p.000009:
p.000009: (3) The NHMRC Licensing Committee must not issue the licence unless it is
p.000009: satisfied of the following:
p.000009: (a) that appropriate protocols are in place:
p.000009: (i) to enable proper consent to be obtained before an excess ART
p.000009: embryo or human egg is used, or other embryo is created or used
p.000009: under the licence (see paragraph 24(1)(a)); and
p.000009: (ii) to enable compliance with any restrictions on such consent;
p.000009: (c) that the activity or project proposed in the application has been assessed
p.000009: and approved by a HREC that is constituted in accordance with, and
p.000009: acting in compliance with, the NHMRC National Statement on Ethical
p.000009: Conduct in Research Involving Humans (1999), as in force from time to
p.000009: time.
p.000009:
p.000009: (4) In deciding whether to issue the licence, the NHMRC Licensing Committee
p.000009: must have regard to the following:
p.000009: (a) restricting the number of excess ART embryos, other embryos or human
p.000009: eggs, to that likely to be necessary to achieve the goals of the activity or
p.000009: project proposed in the application;
p.000009: (b) the likelihood of significant advance in knowledge or improvement in
p.000009: technologies for treatment as a result of the use of excess ART embryos
p.000009: or human eggs, or the creation or use of other embryos, proposed in the
p.000009: application, which could not reasonably be achieved by other means;
p.000009: (c) any relevant guidelines, or relevant parts of guidelines, issued by the
p.000009: CEO of the NHMRC under the National Health and Medical Research
p.000009: Council Act 1992 and prescribed by the regulations for the purposes of
p.000009: this paragraph;
p.000009: (d) the HREC assessment of the application mentioned in paragraph (3)(c);
p.000009: (e) such additional matters (if any) as are prescribed by the regulations.
p.000009:
p.000009: 22 Notification of decision
p.000009:
p.000009: (1) The NHMRC Licensing Committee must notify its decision on an application
p.000009: for a licence under section 20 to the following:
p.000009: (a) the applicant;
p.000009: (b) the HREC that assessed and approved the activity or project proposed
p.000009: in the application as mentioned in paragraph 21(3)(c);
p.000009: (c) the relevant State body in relation to the State in which the use is to
p.000009: occur.
p.000009:
p.000009: (2) If the NHMRC Licensing Committee decides to issue the licence, it must, in
p.000009: addition to issuing the licence to the applicant, give a copy of the licence to
p.000009: the bodies mentioned in paragraphs (1)(b) and (c).
p.000009:
p.000009: 23 Period of licence
p.000009:
p.000009: (1) A licence:
p.000009: (a) comes into force on the day specified in the licence, or if no day is
p.000009: specified, on the day on which it is issued; and
p.000009: (b) remains in force until the day specified in the licence, unless it is
p.000009: suspended, revoked or surrendered before that day.
p.000009: (2) A licence is not in force throughout any period of suspension.
p.000009:
p.000009: 24 Licence is subject to conditions
p.000009:
p.000009: (1) A licence is subject to the condition that before an excess ART embryo or
p.000009: human egg is used, or any other embryo is created or used, as authorised by
p.000009: the licence:
p.000009: (a) each responsible person in relation to the excess ART embryo, human
p.000009: egg or other embryo must have given proper consent to that creation or
p.000009: use; and
p.000009: (b) the licence holder must have reported in writing to the NHMRC
p.000009: Licensing Committee that such consent has been obtained, and any
p.000009: restrictions to which the consent is subject.
p.000009:
p.000009: (2) A licence is subject to the condition that the use of an excess ART embryo or
p.000009: human egg, or the creation or use of any other embryo, must be in accordance
p.000009: with any restrictions to which the proper consent under subsection (1) is
p.000009: subject.
p.000009:
p.000009: (4) A licence is subject to such other conditions as are specified in the licence.
p.000009:
p.000009: (5) The conditions specified in the licence may include, but are not limited to,
p.000009: conditions relating to the following:
p.000009: (a) the persons authorised by the licence to use excess ART embryos or
p.000009: human eggs, or create or use other embryos;
p.000009: (b) the number of excess ART embryos or human eggs authorised to be
p.000009: used under the licence, or the number of other embryos authorised to be
p.000009: created or used under the licence;
p.000009: (c) reporting;
p.000009: (d) monitoring;
p.000009: (e) information to be given by the licence holder to persons authorised by
p.000009: the licence to use excess ART embryos or human eggs, or to create or
p.000009: use other embryos.
p.000009:
p.000009: (6) The licence conditions set out in subsections (1), (2) and (3) apply to all
p.000009: persons who are authorised by the licence to use excess ART embryos or
p.000009: human eggs, or to create or use other embryos.
p.000009:
p.000009: (7) Licence conditions specified in the licence apply to:
p.000009: (a) the licence holder; and
p.000009: (b) such other persons authorised by the licence to use excess ART
p.000009: embryos or human eggs, or to create or use other embryos as are
p.000009: specified in the licence.
p.000009:
p.000009: (8) For the purposes of applying the condition referred to in paragraph (1)(a):
p.000009: (a) a licence may provide that the guidelines referred to in the definition of
p.000009: proper consent apply in a modified form in relation to the use, under the
...
p.000009: card to an inspector.
p.000009:
p.000009: (2) The identity card:
p.000009: (a) must be in the form prescribed by the regulations; and
p.000009: (b) must contain a recent photograph of the inspector.
p.000009:
p.000009: (3) If a person to whom an identity card has been issued ceases to be an
p.000009: inspector, the person must return the identity card to the Chairperson of the
p.000009: NHMRC Licensing Committee as soon as practicable.
p.000009:
p.000009: Penalty: 1 penalty unit.
p.000009:
p.000009: (4) An inspector must carry his or her identity card at all times when exercising
p.000009: powers or performing functions as an inspector.
p.000009: 35 Powers available to inspectors for monitoring compliance
p.000009:
p.000009: (1) For the purpose of finding out whether this Act or the regulations have been
p.000009: complied with, an inspector may:
p.000009: (a) enter any premises; and
p.000009: (b) exercise the monitoring powers set out in section 36.
p.000009:
p.000009: (2) An inspector is not authorised to enter premises under subsection (1) unless:
p.000009: (a) the occupier of the premises has consented to the entry; or
p.000009: (b) the premises are premises at which the occupier of the premises is
p.000009: carrying out activities authorised by a licence issued under section 21,
p.000009: and the entry is at a reasonable time; or
p.000009: (c) the entry is made under a warrant under section 37A.
p.000009:
p.000009: 36 Monitoring powers
p.000009:
p.000009: (1) The monitoring powers that an inspector may exercise under paragraph 35(1)
p.000009: (b) are as follows:
p.000009: (a) to search the premises and any thing on the premises;
p.000009: (b) to inspect, examine, take measurements of, conduct tests on, or take
p.000009: samples of, any human embryo, other embryo, human egg or thing on
p.000009: the premises that relates to this Act;
p.000009: (c) to take photographs, make video or audio recordings or make sketches
p.000009: of the premises or any thing on the premises;
p.000009: (d) to inspect any book, record or document on the premises;
p.000009: (e) to take extracts from or make copies of any such book, record or
p.000009: document;
p.000009: (f) to take onto the premises such equipment and materials as the inspector
p.000009: requires for the purpose of exercising powers in relation to the premises;
p.000009: (g) in addition to the powers mentioned in paragraphs (a) to (f), if the
p.000009: inspector was authorised to enter the premises by a warrant under
p.000009: section 37A—to require any person in or on the premises to:
p.000009: (i) answer any questions put by the inspector; and
p.000009: (ii) produce any book, record or document requested by the inspector.
p.000009:
p.000009: (2) For the purposes of this Part, monitoring powers include the power to operate
p.000009: equipment at premises to see whether:
p.000009: (a) the equipment; or
p.000009: (b) a disk, tape or other storage device that:
p.000009: (i) is at the premises; and
p.000009: (ii) can be used with the equipment or is associated with it;
p.000009: contains information that is relevant to determining whether there has been
p.000009: compliance with the Act or the regulations.
p.000009:
p.000009: (3) If the inspector, after operating equipment at the premises, finds that the
p.000009: equipment, or that a tape, disk or other storage device at the premises,
p.000009: contains information mentioned in subsection (2), the inspector may:
p.000009: (a) operate equipment or facilities at the premises to put the information in
p.000009: documentary form and copy the document so produced; or
p.000009: (b) if the information can be transferred to a tape, disk or other storage
p.000009: device that:
p.000009: (i) is brought to the premises; or
p.000009: (ii) is at the premises and the use of which has been agreed to in
p.000009: writing by the occupier of the premises;
p.000009: operate the equipment or other facilities to copy the information to the
p.000009: storage device, and remove the storage device from the premises.
p.000009:
p.000009: 37 Power to secure
p.000009:
p.000009: If an inspector, during a search of premises, believes on reasonable grounds
p.000009: that there is at the premises a human embryo, another embryo, a human egg
p.000009: or a thing that may afford evidence of the commission of an offence against
p.000009: this Act, the monitoring powers include securing the embryo, the egg or the
p.000009: thing pending the obtaining of a warrant (whether by the inspector or by
p.000009: another person) to seize it.
p.000009:
p.000009: 37A Monitoring warrants
p.000009:
p.000009: (1) An inspector may apply to a magistrate for a warrant under this section in
p.000009: relation to premises.
p.000009:
p.000009: (2) Subject to subsection (3), the magistrate may issue the warrant if the
p.000009: magistrate is satisfied by information on oath or affirmation that it is reasonably
p.000009: necessary that one or more inspectors should have access to the premises for
p.000009: the purposes of finding out whether this Act or the regulations have been
p.000009: complied with.
p.000009:
p.000009: (3) The magistrate must not issue the warrant unless the inspector or some other
p.000009: person has given to the magistrate, either orally or by affidavit, such further
p.000009: information (if any) as the magistrate requires concerning the grounds on
p.000009: which the issue of the warrant is being sought.
p.000009:
p.000009: (4) The warrant must:
p.000009: (a) authorise one or more inspectors (whether or not named in the warrant)
p.000009: with such assistance and by such force as is necessary and reasonable:
p.000009: (i) to enter the premises; and
p.000009: (ii) to exercise the powers set out in section 36 in relation to the
p.000009: premises; and
p.000009: (b) state whether the entry is authorised to be made at any time of the day
p.000009: or night or during specified hours of the day or night; and
p.000009: (c) specify the day (not more than 15 days after the issue of the warrant) on
p.000009: which the warrant ceases to have effect; and
p.000009: (d) state the purpose for which the warrant is issued.
p.000009:
p.000009: 37B Details of warrant to be given to occupier etc.
p.000009:
...
p.000009: Governments and both Houses of the Parliament a written report of the
p.000009: review. The report must accompany the report of the Prohibition of Human
p.000009: Cloning Act review.
p.000009:
p.000009: (4) The persons undertaking the review must consider and report on the scope
p.000009: and operation of this Act taking into account the following:
p.000009: (a) developments in technology in relation to assisted reproductive
p.000009: technology;
p.000009: (b) developments in medical research and scientific research and the
p.000009: potential therapeutic applications of such research;
p.000009: (c) community standards;
p.000009: (d) the applicability of establishing a National Stem Cell Bank.
p.000009:
p.000009: (5) The report must contain recommendations about amendments (if any) that
p.000009: should be made to this Act, having regard to the matters mentioned in
p.000009: subsection (4).
p.000009:
p.000009: (6) The persons undertaking the review must consult:
p.000009: (a) the Commonwealth and the States; and
p.000009: (b) a broad range of persons with expertise in or experience of relevant
p.000009: disciplines;
p.000009: and the views of the Commonwealth, the States and the persons mentioned in
p.000009: paragraph (b) must be set out in the report to the extent that it is reasonably
p.000009: practicable to do so.
p.000009:
p.000009: (7) In this section:
p.000009: Prohibition of Human Cloning Act review means the review mentioned in
p.000009: section 25 of the Prohibition of Human Cloning Act 2002.
p.000009:
p.000009: 47A Further review of operation of Act
p.000009:
p.000009: (1) The Minister must cause an independent review of the operation of this Act
p.000009: as amended by the Prohibition of Human Cloning for Reproduction and the
p.000009: Regulation of Human Embryo Research Amendment Act 2006 (the amending
p.000009: Act) to be undertaken as soon as possible after the third anniversary of the
p.000009: day on which the amending Act received the Royal Assent.
p.000009:
p.000009: (2) The review must be:
p.000009: (a) undertaken by the persons who undertake the Prohibition of Human
p.000009: Cloning for Reproduction Act further review; and
p.000009: (b) undertaken concurrently with that Prohibition of Human Cloning for
p.000009: Reproduction Act further review.
p.000009:
p.000009: (3) The persons undertaking the review must give the Council of Australian
p.000009: Governments and both Houses of the Parliament a written report of the review
p.000009: before the fourth anniversary of the day on which the amending Act received
p.000009: the Royal Assent.
p.000009:
p.000009: (4) The persons undertaking the review must consider and report on the scope
p.000009: and operation of this Act as amended by the amending Act, taking into
p.000009: account the following:
p.000009: (a) developments in assisted reproductive technology, including
p.000009: technological, medical and scientific developments, and the actual or
p.000009: potential clinical and therapeutic applications of such research;
p.000009: (b) developments in embryonic stem cell research, including technological,
p.000009: medical and scientific developments, and the actual or potential clinical
p.000009: and therapeutic applications of such research;
p.000009: (c) community standards;
p.000009: (d) a brief analysis of international developments and legislation relating to
p.000009: the use of human embryos and related research;
p.000009: (e) an analysis of research resulting from the licenses granted;
p.000009: (f) any National Stem Cell Centre and any national register of donated
p.000009: excess ART embryos;
p.000009: (g) an evaluation of the effectiveness of legislative provisions and NHMRC
p.000009: guidelines relating to proper consent;
p.000009: (h) an evaluation of the range of matters for which the NHMRC Licensing
p.000009: Committee may issue a licence and any recommendations to increase,
p.000009: decrease or alter these arising from the evaluation;
p.000009: (i) an analysis of any research or clinical practice which has been
p.000009: prevented as a result of legislative restrictions;
p.000009: (j) the extent to which the NHMRC Licensing Committee has effectively
p.000009: used information and education tools to assist researchers working in the
p.000009: field, and any ongoing need for legally binding rulings;
p.000009: (k) the extent of Commonwealth/State cooperation in the area of human
p.000009: embryo research and the requirement for further Commonwealth or State
p.000009: legislation on the matter.
p.000009:
p.000009: (5) The report must contain recommendations about amendments that should be
p.000009: made to this Act, having regard to the matters mentioned in subsection (4).
p.000009:
p.000009: (6) The persons undertaking the review must consult:
p.000009: (a) the Commonwealth and the States; and
p.000009: (b) a broad range of persons with expertise in or experience of relevant
p.000009: disciplines;
p.000009: and the views of the Commonwealth, the States and the persons mentioned in
p.000009: paragraph (b) must be set out in the report to the extent that it is reasonably
p.000009: practicable to do so.
p.000009: (7) In this section:
p.000009:
p.000009: Prohibition of Human Cloning for Reproduction Act further review means
p.000009: the review mentioned in section 25A of the Prohibition of Human Cloning for
p.000009: Reproduction Act 2002.
p.000009:
p.000009: 47B Minister to report to Parliament
p.000009:
p.000009: (1) The Minister must prepare a report on the following matters:
p.000009: (a) the establishment of a National Stem Cell Centre and a national register
p.000009: of donated excess ART embryos; and
p.000009: (b) the making of guidelines referred to in this Act, to the extent that those
p.000009: guidelines were not in force on the day on which this Act commenced.
p.000009:
p.000009: (2) The report must be completed not later than 6 months after the day on which
p.000009: Prohibition of Human Cloning for Reproduction and the Regulation of Human
p.000009: Embryo Research Amendment Act 2006 commenced.
p.000009:
p.000009: (3) The Minister must cause a copy of the report to be tabled in each House of
p.000009: the Parliament within 15 sitting days of that House after the day on which the
p.000009: report was completed.
p.000009:
p.000009: 47C Study of non‑blood human tissue based therapies
p.000009:
p.000009: (1) The Minister must cause to be prepared a report on the feasibility of
p.000009: establishing a national legislative or regulatory approach for effective
p.000009: governance of non‑blood human tissue based therapies.
p.000009:
p.000009: (2) The review must be undertaken by persons chosen by the Minister with the
p.000009: agreement of each State.
p.000009:
p.000009: (3) The report of the review must contain recommendations for a national
p.000009: legislative or regulatory framework.
p.000009:
p.000009: (4) The persons undertaking the review must give to the Council of Australian
p.000009: Governments and both Houses of the Parliament a written report of the
p.000009: review.
p.000009:
p.000009: (5) The report must be completed not later than 18 months after the day on
p.000009: which the Prohibition of Human Cloning for Reproduction and the Regulation
p.000009: of Human Embryo Research Amendment Act 2006 receives the Royal Assent.
p.000009:
p.000009: (6) The Minister must cause a copy of the report to be tabled in each House of
p.000009: the Parliament within 15 sitting days of that House after the day on which the
p.000009: report was completed.
p.000009:
p.000009: Division 3—Regulations
p.000009:
p.000009: 48 Regulations
p.000009:
p.000009: (1) The Governor‑General may make regulations prescribing matters:
p.000009: (a) required or permitted by this Act to be prescribed; or
p.000009: (b) necessary or convenient to be prescribed for carrying out or giving effect
p.000009: to this Act.
p.000009:
p.000009: (2) Before the Governor‑General makes regulations under this Act, the Minister
p.000009: must be satisfied that:
p.000009: (a) the States have been consulted in relation to the proposed regulations;
p.000009: and
p.000009: (b) the proposed regulations have been prepared having regard to views
p.000009: expressed by the States in those consultations.
p.000009:
p.000009:
p.000009: Endnotes
p.000009: Endnote 1—About the endnotes
p.000009: The endnotes provide information about this compilation and the compiled law.
p.000009: The following endnotes are included in every compilation:
p.000009: Endnote 1—About the endnotes
p.000009: Endnote 2—Abbreviation key
p.000009: Endnote 3—Legislation history
p.000009: Endnote 4—Amendment history
p.000009: Abbreviation key—Endnote 2
p.000009: The abbreviation key sets out abbreviations that may be used in the endnotes.
p.000009: Legislation history and amendment history—Endnotes 3 and 4
p.000009: Amending laws are annotated in the legislation history and amendment history.
p.000009: The legislation history in endnote 3 provides information about each law that has
p.000009: amended (or will amend) the compiled law. The information includes commencement
...
p.000009: given
p.000009: effect SR = Statutory Rules
p.000009: (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s)
p.000009: cannot be given effect SubPt = Subpart(s)
p.000009: mod = modified/modification underlining = whole or part not
p.000009: No. = Number(s) commenced or to be commenced
p.000009:
p.000009:
p.000009: Endnote 3—Legislation history
p.000009:
p.000009: Act Number Assent Commencement Application,
p.000009: and saving and
p.000009: year transitional
p.000009: provisions
p.000009: Research Involving 145, 2002 19 Dec s 3–9 and 13–48: 16
p.000009: Act
p.000009: Human Embryos Act Number Assent
p.000009: 2002 Commencement
p.000009: Jan 2003 (s 2(1) Application,
p.000009: 2002 and items 2, 4) saving and
p.000009: year s 10–12: 19 June transitional
p.000009: 2003 (s 2(1) item 3) provisions
p.000009: Remainder: 19 Dec
p.000009: 2002 (s 2(1) item 1)
p.000009: National Health and 50, 2006 9 June Sch 1 (items 116–121: —
p.000009: Medical Research 2006 1 July 2006 (s 2(1)
p.000009: Council Amendment item 2)
p.000009: Act 2006
p.000009: Prohibition of Human 172, 2006 12 Dec Sch 2 and 3: 12 June Sch 3
p.000009: Cloning for 2006 2007 (s 2(1) item 2)
p.000009: Reproduction and the
p.000009: Regulation of Human
p.000009: Embryo Research
p.000009: Amendment Act 2006
p.000009: Same‑Sex 144, 2008 9 Dec Schedule 9 (item 2): —
p.000009: Relationships (Equal 2008 10 Dec 2008 (s 2(1)
p.000009: Treatment in item 24)
p.000009: Commonwealth Laws
p.000009: —General Law
p.000009: Reform) Act 2008
p.000009: Public Governance, 62, 2014 30 June Sch 11 (items 122, Sch 14
p.000009: Performance and 2014 123) and Sch 14:
p.000009: Accountability 1 July 2014 (s 2(1)
p.000009: (Consequential and items 6, 14)
p.000009: Transitional
p.000009: Provisions) Act 2014
p.000009: as amended by
p.000009: Public Governance 36, 2015 13 Apr Sch 2 (items 7–9) and Sch 7
p.000009: and Resources 2015 Sch 7: 14 Apr 2015 (s
p.000009: Legislation 2)
p.000009: Amendment Act
p.000009: (No. 1) 2015
p.000009: as amended by
p.000009: Acts and 126, 2015 10 Sept Sch 1 (item 486): 5 —
p.000009: Instruments 2015 Mar 2016 (s 2(1)
p.000009: (Framework item 2)
p.000009: Reform)
p.000009: (Consequential
p.000009: Provisions) Act
p.002015: 2015
p.002015: Acts and 126, 2015 10 Sept Sch 1 (item 495): 5 —
p.002015: Instruments 2015 Mar 2016 (s 2(1)
p.002015: (Framework item 2)
p.002015: Reform)
p.002015: (Consequential
p.002015: Provisions) Act
p.002015: 2015
...
Social / employees
Searching for indicator employees:
(return to top)
p.000009: searched at the same time.
p.000009:
p.000009: 38 Inspector must produce identity card on request
p.000009:
p.000009: An inspector is not entitled to exercise any powers under this Part in relation
p.000009: to premises if:
p.000009: (a) the occupier of the premises has required the inspector to produce his or
p.000009: her identity card for inspection by the occupier; and
p.000009: (b) the inspector fails to comply with the requirement.
p.000009:
p.000009: 39 Consent
p.000009:
p.000009: (1) Before obtaining the consent of a person for the purposes of paragraph 35(2)
p.000009: (a), the inspector must inform the person that he or she may refuse consent.
p.000009:
p.000009: (2) An entry of an inspector by virtue of the consent of a person is not lawful
p.000009: unless the person voluntarily consented to the entry.
p.000009:
p.000009: 40 Compensation for damage
p.000009:
p.000009: (1) The owner of equipment or other facilities is entitled to compensation for
p.000009: damage to the equipment or other facilities if:
p.000009: (a) the damage was caused to the equipment or other facilities as a result of
p.000009: it being operated by an inspector as mentioned in this Part; and
p.000009: (b) the damage was caused as a result of insufficient care being exercised
p.000009: by the inspector operating the equipment or other facilities.
p.000009:
p.000009: (2) Compensation is payable out of money appropriated by the Parliament.
p.000009:
p.000009: (3) In determining the amount of compensation payable, regard is to be had to
p.000009: whether the occupier of the premises and his or her employees and agents, if
p.000009: they were available at the time, had provided any warning or guidance as to
p.000009: the operation of the equipment or other facilities that was appropriate in the
p.000009: circumstances.
p.000009:
p.000009: 41 Extended operation of Part
p.000009:
p.000009: A reference in this Part to this Act includes a reference to theProhibition of
p.000009: Human Cloning Act 2002, and a reference in this Part to the regulations
p.000009: includes a reference to regulations made under the Prohibition of Human
p.000009: Cloning Act 2002.
p.000009:
p.000009: Part 4—Commonwealth/State arrangements
p.000009:
p.000009: 42 Operation of State laws
p.000009:
p.000009: This Act is not intended to exclude the operation of any law of a State, to the
p.000009: extent that the law of the State is capable of operating concurrently with this
p.000009: Act.
p.000009:
p.000009: 43 Conferral of functions on Commonwealth officers and bodies
p.000009:
p.000009: (1) A corresponding State law may confer functions, powers and duties on the
p.000009: following:
p.000009: (a) the NHMRC Licensing Committee;
p.000009: (b) a Commonwealth authority;
p.000009: (c) an officer of the Commonwealth or a Commonwealth authority.
p.000009:
p.000009: (2) If a function, power or duty is conferred on a person or body under
p.000009: subsection (1), the person or body may perform the function or duty or
p.000009: exercise the power, as the case requires.
p.000009:
p.000009: (3) Subsection (1) does not authorise the conferral of a function or power, or the
p.000009: imposition of a duty, by a corresponding State law to the extent to which:
p.000009: (a) the conferral or imposition, or the authorisation, would contravene any
...
General/Other / Diminished Autonomy
Searching for indicator diminished:
(return to top)
p.000009: disregarded.
p.000009: (3) A reference in this Act to an embryo (including a human embryo) is a
p.000009: reference to a living embryo.
p.000009:
p.000009: (4) A reference in this Act to a human egg is a reference to a human oocyte.
p.000009:
p.000009: (5) A reference in this Act to a human embryo does not include a reference to:
p.000009: (a) a hybrid embryo; or
p.000009: (b) a human embryonic stem cell line.
p.000009:
p.000009: Part 2—Regulation of the use of excess ART embryos,
p.000009: other embryos and human eggs
p.000009: Division 1—Interpretation
p.000009:
p.000009: 8 Definitions
p.000009:
p.000009: In this Part:
p.000009:
p.000009: accredited ART centre means a person or body accredited to carry out
p.000009: assisted reproductive technology by:
p.000009: (a) the Reproductive Technology Accreditation Committee of the Fertility
p.000009: Society of Australia; or
p.000009: (b) if the regulations prescribe another body or other bodies in addition to,
p.000009: or instead of, the body mentioned in paragraph (a)—that other body or
p.000009: any of those other bodies, as the case requires.
p.000009:
p.000009: AHEC means the Australian Health Ethics Committee established by the
p.000009: National Health and Medical Research Council Act 1992.
p.000009:
p.000009: confidential commercial information means information that has a
p.000009: commercial or other value that would be, or could reasonably be expected to
p.000009: be, destroyed or diminished if the information were disclosed.
p.000009:
p.000009: disclose, in relation to information, means give or communicate in any way.
p.000009:
p.000009: excess ART embryo has the meaning given by section 9.
p.000009:
p.000009: HREC means a Human Research Ethics Committee.
p.000009:
p.000009: licence means a licence issued under section 21.
p.000009:
p.000009: proper consent, in relation to the use of an excess ART embryo or a human
p.000009: egg, or the creation or use of any other embryo, means consent obtained in
p.000009: accordance with guidelines issued by the CEO of the NHMRC under the
p.000009: National Health and Medical Research Council Act 1992 and prescribed by the
p.000009: regulations for the purposes of this definition.
p.000009:
p.000009: relevant State body means a person or body notified by a State to the
p.000009: Chairperson of the NHMRC Licensing Committee for the purposes of this
p.000009: Part.
p.000009:
p.000009: responsible person means:
p.000009: (a) in relation to an excess ART embryo:
p.000009: (i) each person who provided the egg or sperm from which the
p.000009: embryo was created; and
p.000009: (ii) the woman for whom the embryo was created, for the purpose of
p.000009: achieving her pregnancy; and
p.000009: (iii) any person who was the spouse of a person mentioned in
p.000009: subparagraph (i) at the time the egg or sperm mentioned in that
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.000009: This information may be included in any published version of this Act.
p.000009:
p.000009: 3 Object of Act
p.000009:
p.000009: The object of this Act is to address concerns, including ethical concerns,
p.000009: about scientific developments in relation to human reproduction and the
p.000009: utilisation of human embryos by regulating activities that involve the use of
p.000009: certain human embryos created by assisted reproductive technology or by
p.000009: other means.
p.000009:
p.000009: 4 Operation of Act
p.000009:
p.000009: (1) This Act applies as follows:
p.000009: (a) to things done, or omitted to be done, by constitutional corporations;
p.000009: (b) to things done, or omitted to be done, in the course of constitutional
p.000009: trade or commerce;
p.000009: (c) to matters within the legislative power of the Commonwealth under
p.000009: paragraph 51(xxix) of the Constitution;
p.000009: (d) to the Commonwealth and Commonwealth authorities;
p.000009: (e) for purposes relating to the collection, compilation, analysis and
p.000009: dissemination of statistics;
p.000009: (f) to matters within the legislative power of the Commonwealth under
p.000009: paragraph 51(xxxix) of the Constitution, so far as it relates to the matters
p.000009: mentioned in paragraphs (a) to (e) of this subsection.
p.000009:
p.000009: (2) In this section:
p.000009:
p.000009: constitutional corporation means a trading, foreign or financial corporation
p.000009: within the meaning of paragraph 51(xx) of the Constitution.
p.000009:
p.000009: constitutional trade or commerce means trade or commerce:
p.000009: (a) between Australia and places outside Australia; or
p.000009: (b) among the States; or
p.000009: (c) by way of the supply of services to the Commonwealth or to a
p.000009: Commonwealth authority.
p.000009:
p.000009: 5 Act to bind the Crown
p.000009:
p.000009: (1) This Act binds the Crown in each of its capacities.
p.000009:
p.000009: (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
p.000009:
p.000009: 6 External Territories
p.000009:
p.000009: This Act extends to every external Territory.
p.000009:
p.000009: 7 Definitions
p.000009:
p.000009: (1) In this Act:
p.000009:
p.000009: Commonwealth authority means the following:
p.000009: (a) a body corporate established for a public purpose by or under an Act;
p.000009: (b) a company in which a controlling interest is held by any one of the
p.000009: following persons, or by 2 or more of the following persons together:
p.000009: (i) the Commonwealth;
p.000009: (ii) a body covered by paragraph (a);
p.000009: (iii) a body covered by either of the above subparagraphs.
p.000009:
p.000009: corresponding State law, in relation to a State, means a law of that State
p.000009: declared by the Minister, by notice in the Gazette, to be a corresponding State
p.000009: law for the purposes of this Act.
p.000009:
p.000009: human embryo means a discrete entity that has arisen from either:
p.000009: (a) the first mitotic division when fertilisation of a human oocyte by a human
p.000009: sperm is complete; or
p.000009: (b) any other process that initiates organised development of a biological
p.000009: entity with a human nuclear genome or altered human nuclear genome
p.000009: that has the potential to develop up to, or beyond, the stage at which the
p.000009: primitive streak appears;
p.000009: and has not yet reached 8 weeks of development since the first mitotic
p.000009: division.
p.000009:
p.000009: hybrid embryo means:
p.000009: (a) an embryo created by the fertilisation of a human egg by animal sperm;
p.000009: or
p.000009: (b) an embryo created by the fertilisation of an animal egg by human sperm;
p.000009: or
p.000009: (c) a human egg into which the nucleus of an animal cell has been
p.000009: introduced; or
p.000009: (d) an animal egg into which the nucleus of a human cell has been
p.000009: introduced; or
...
p.000009: subparagraph was provided; and
p.000009: (iv) any person who was the spouse of the woman mentioned in
p.000009: subparagraph (ii) at the time the embryo was created; or
p.000009: (b) in relation to an embryo other than an excess ART embryo—each
p.000009: person whose reproductive material, genetic material or cell was used, or
p.000009: is proposed to be used, in the creation or use of the embryo; or
p.000009: (c) in relation to a human egg—the woman who was the biological donor of
p.000009: the egg.
p.000009:
p.000009: 9 Meaning of excess ART embryo
p.000009:
p.000009: (1) In this Part:
p.000009:
p.000009: excess ART embryo means a human embryo that:
p.000009: (a) was created, by assisted reproductive technology, for use in the
p.000009: assisted reproductive technology treatment of a woman; and
p.000009: (b) is excess to the needs of:
p.000009: (i) the woman for whom it was created; and
p.000009: (ii) her spouse (if any) at the time the embryo was created.
p.000009:
p.000009: (2) For the purposes of paragraph (b) of the definition of excess ART embryo, a
p.000009: human embryo is excess to the needs of the persons mentioned in that
p.000009: paragraph at a particular time if:
p.000009: (a) each such person has given written authority for use of the embryo for a
p.000009: purpose other than a purpose relating to the assisted reproductive
p.000009: technology treatment of the woman concerned, and the authority is in
p.000009: force at that time; or
p.000009: (b) each such person has determined in writing that the embryo is excess to
p.000009: their needs, and the determination is in force at that time.
p.000009:
p.000009: Division 2—Offences
p.000009:
p.000009: 10 Offence—use of excess ART embryo
p.000009:
p.000009: (1) A person commits an offence if the person intentionally uses an excess ART
p.000009: embryo, unless:
p.000009: (a) the use by the person is authorised by a licence; or
p.000009: (b) the use by the person is an exempt use within the meaning of
p.000009: subsection (2).
p.000009:
p.000009: Penalty: Imprisonment for 5 years.
p.000009:
p.000009: (2) A use of an excess ART embryo by a person is an exempt use for the
p.000009: purposes of subsection (1) if:
p.000009: (a) the use consists only of:
p.000009: (i) storage of the excess ART embryo; or
p.000009: (ii) removal of the excess ART embryo from storage; or
p.000009: (iii) transport of the excess ART embryo; or
p.000009: (b) the use consists only of observation of the excess ART embryo; or
p.000009: (c) the use consists only of allowing the excess ART embryo to succumb; or
p.000009: (d) the use is carried out by an accredited ART centre, and:
p.000009: (i) the excess ART embryo is not suitable to be placed in the body of
...
p.000009:
p.000009: 29 NHMRC Licensing Committee to make certain information publicly
p.000009: available
p.000009:
p.000009: (1) The NHMRC Licensing Committee must maintain a database containing the
p.000009: following information in relation to each licence (including a licence as varied):
p.000009: (a) the name of the person to whom the licence was issued;
p.000009: (b) a short statement about the nature of the uses of excess ART embryos
p.000009: or human eggs, and creations or uses of other embryos, that are
p.000009: authorised by the licence;
p.000009: (c) any conditions to which the licence is subject;
p.000009: (d) the number of ART embryos or human eggs authorised to be used
p.000009: under the licence, and the number of other embryos authorised to be
p.000009: created or used under the licence;
p.000009: (e) the date on which the licence was issued;
p.000009: (f) the period throughout which the licence is to remain in force.
p.000009:
p.000009: (2) The database is to be made publicly available.
p.000009:
p.000009: (3) The database may be kept and made publicly available in electronic form.
p.000009:
p.000009: (4) Information mentioned in subsection (1) must not be such as to disclose
p.000009: confidential commercial information.
p.000009:
p.000009: 30 Confidential commercial information may only be disclosed in certain
p.000009: circumstances
p.000009:
p.000009: (1) A person commits an offence if:
p.000009: (a) the person discloses confidential commercial information that the person
p.000009: has only because of performing duties or functions under this Act or
p.000009: under a corresponding State law; and
p.000009: (b) the person knows that the information is confidential commercial
p.000009: information; and
p.000009: (c) the disclosure is not:
p.000009: (i) to the Commonwealth, a Commonwealth authority or a State
p.000009: agency in the course of carrying out duties or functions under this
p.000009: Act or under a corresponding State law; or
p.000009: (ii) by order of a court; or
p.000009: (iii) with the consent of each person to whom the information has a
p.000009: commercial or other value.
p.000009:
p.000009: Penalty: Imprisonment for 2 years.
p.000009:
p.000009: (2) A person commits an offence if:
p.000009: (a) the person discloses confidential commercial information that the person
p.000009: has only because of a disclosure permitted under subsection (1) or this
p.000009: subsection; and
p.000009: (b) the person knows that the information is confidential commercial
p.000009: information; and
p.000009: (c) the disclosure is not:
p.000009: (i) to the Commonwealth, a Commonwealth authority or a State
p.000009: agency in the course of carrying out duties or functions under this
p.000009: Act or under a corresponding State law; or
p.000009: (ii) by order of a court; or
p.000009: (iii) with the consent of each person to whom the information has a
p.000009: commercial or other value.
p.000009:
p.000009: Penalty: Imprisonment for 2 years.
p.000009:
p.000009: (3) In this section:
p.000009:
p.000009: court includes a tribunal, authority or person having power to require the
p.000009: production of documents or the answering of questions.
p.000009:
p.000009: State agency means the following:
p.000009: (a) the Crown in right of a State;
p.000009: (b) a Minister of a State;
p.000009: (c) a State Government department;
p.000009: (d) an instrumentality of a State, including a body corporate established for
p.000009: a public purpose by or under a law of a State;
p.000009: (e) a company in which a controlling interest is held by any one of the
p.000009: following persons, or by 2 or more of the following persons together:
p.000009: (i) the Crown in right of a State;
p.000009: (ii) a person or body covered by paragraph (b) or (d);
p.000009: (iii) a person or body covered by either of the above subparagraphs.
p.000009:
p.000009: Note: For the definition of confidential commercial information, see section 8.
p.000009:
p.000009:
p.000009: Division 6—Review provisions
p.000009:
p.000009: 31 Meaning of terms
p.000009:
p.000009: In this Division:
p.000009:
p.000009: decision has the same meaning as in the Administrative Appeals Tribunal Act
p.000009: 1975.
p.000009:
p.000009: eligible person, in relation to a decision of the NHMRC Licensing Committee,
p.000009: means:
p.000009: (a) in relation to a decision under section 21 not to issue a licence—the
p.000009: applicant for the licence; or
p.000009: (b) in relation to a decision in respect of the period throughout which the
p.000009: licence is to be in force under section 23—the licence holder; or
p.000009: (c) in relation to a decision to specify a licence condition under
p.000009: subsection 24(4)—the licence holder; or
p.000009: (ca) in relation to a decision to modify guidelines under subsection 24(8) in
p.000009: respect of a licence—the licence holder; or
p.000009: (d) in relation to a decision to vary or refuse to vary a licence under
...
p.000009: damage to the equipment or other facilities if:
p.000009: (a) the damage was caused to the equipment or other facilities as a result of
p.000009: it being operated by an inspector as mentioned in this Part; and
p.000009: (b) the damage was caused as a result of insufficient care being exercised
p.000009: by the inspector operating the equipment or other facilities.
p.000009:
p.000009: (2) Compensation is payable out of money appropriated by the Parliament.
p.000009:
p.000009: (3) In determining the amount of compensation payable, regard is to be had to
p.000009: whether the occupier of the premises and his or her employees and agents, if
p.000009: they were available at the time, had provided any warning or guidance as to
p.000009: the operation of the equipment or other facilities that was appropriate in the
p.000009: circumstances.
p.000009:
p.000009: 41 Extended operation of Part
p.000009:
p.000009: A reference in this Part to this Act includes a reference to theProhibition of
p.000009: Human Cloning Act 2002, and a reference in this Part to the regulations
p.000009: includes a reference to regulations made under the Prohibition of Human
p.000009: Cloning Act 2002.
p.000009:
p.000009: Part 4—Commonwealth/State arrangements
p.000009:
p.000009: 42 Operation of State laws
p.000009:
p.000009: This Act is not intended to exclude the operation of any law of a State, to the
p.000009: extent that the law of the State is capable of operating concurrently with this
p.000009: Act.
p.000009:
p.000009: 43 Conferral of functions on Commonwealth officers and bodies
p.000009:
p.000009: (1) A corresponding State law may confer functions, powers and duties on the
p.000009: following:
p.000009: (a) the NHMRC Licensing Committee;
p.000009: (b) a Commonwealth authority;
p.000009: (c) an officer of the Commonwealth or a Commonwealth authority.
p.000009:
p.000009: (2) If a function, power or duty is conferred on a person or body under
p.000009: subsection (1), the person or body may perform the function or duty or
p.000009: exercise the power, as the case requires.
p.000009:
p.000009: (3) Subsection (1) does not authorise the conferral of a function or power, or the
p.000009: imposition of a duty, by a corresponding State law to the extent to which:
p.000009: (a) the conferral or imposition, or the authorisation, would contravene any
p.000009: constitutional doctrines restricting the duties that may be imposed on a
p.000009: Commonwealth body, officer or authority; or
p.000009: (b) the authorisation would otherwise exceed the legislative power of the
p.000009: Commonwealth.
p.000009:
p.000009: (4) This Act is not intended to exclude or limit the operation of a corresponding
p.000009: State law that confers any functions or powers, or imposes any duties, on the
p.000009: NHMRC Licensing Committee, a Commonwealth officer or a Commonwealth
p.000009: authority to the extent to which that law:
p.000009: (a) is consistent with subsections (1) and (2); and
p.000009: (b) is capable of operating concurrently with this Act.
p.000009:
p.000009: 44 When duty imposed
p.000009:
p.000009: (1) This section applies if a corresponding State law purports to impose a duty on
p.000009: the following:
p.000009: (a) the NHMRC Licensing Committee;
p.000009: (b) a Commonwealth authority;
p.000009: (c) an officer of the Commonwealth or a Commonwealth authority.
p.000009:
p.000009: (2) The duty is taken not to be imposed by this Act (or any other law of the
p.000009: Commonwealth) to the extent to which:
p.000009: (a) imposing the duty is within the legislative powers of the State concerned;
p.000009: and
p.000009: (b) imposing the duty by the corresponding State law is consistent with the
p.000009: constitutional doctrines restricting the duties that may be imposed on a
p.000009: Commonwealth body, officer or authority.
p.000009:
p.000009: Note: If this subsection applies, the duty will be taken to be imposed by force of the
p.000009: corresponding State law (the Commonwealth having consented under section 43 to the
p.000009:
p.000009: imposition of the duty by the corresponding State law).
p.000009:
p.000009:
p.000009: (3) If, to ensure the validity of the purported imposition of the duty, it is
p.000009: necessary that the duty be imposed by a law of the Commonwealth (rather
p.000009: than by force of the corresponding State law), the duty is taken to be imposed
p.000009: by this Act to the extent necessary to ensure that validity.
p.000009:
p.000009: (4) If, because of subsection (3), this Act is taken to impose the duty, it is the
p.000009: intention of the Parliament to rely on all powers available to it under the
p.000009: Constitution to support the imposition of the duty by this Act.
p.000009:
p.000009: (5) The duty is taken to be imposed by this Act in accordance with subsection (3)
p.000009: only to the extent to which imposing the duty:
p.000009: (a) is within the legislative power of the Commonwealth; and
p.000009: (b) is consistent with the constitutional doctrines restricting the duties that
p.000009: may be imposed on a Commonwealth body, officer or authority.
p.000009:
p.000009: (6) To avoid doubt, neither this Act (nor any other law of the Commonwealth)
p.000009: imposes a duty on the NHMRC Licensing Committee, a Commonwealth officer
p.000009: or a Commonwealth authority to the extent to which imposing such a duty
p.000009: would:
p.000009: (a) contravene any constitutional doctrine restricting the duties that may be
p.000009: imposed on a Commonwealth body, officer or authority; or
p.000009: (b) otherwise exceed the legislative power of the Commonwealth.
p.000009:
p.000009: (7) Subsections (1) to (6) do not limit section 43.
p.000009:
p.000009: 45 Review of certain decisions
p.000009:
p.000009: (1) Application may be made to the Administrative Appeals Tribunal for review of
p.000009: a reviewable State decision.
p.000009:
p.000009: (2) A decision made by the NHMRC Licensing Committee in the performance of
p.000009: a function or the exercise of a power conferred by a corresponding State law is
p.000009: a reviewable State decision for the purposes of this section if:
p.000009: (a) the law under which the decision was made provides for review by the
p.000009: Administrative Appeals Tribunal; and
p.000009: (b) the decision is declared by the regulations to be a reviewable State
p.000009: decision for the purposes of this section.
p.000009:
p.000009: (3) For the purposes of this section, the Administrative Appeals Tribunal Act
p.000009: 1975 has effect as if a corresponding State law were an enactment.
p.000009:
p.000009: Part 5—Sunset clause, review provision and regulations
p.000009: Division 1—Repeal
p.000009:
p.000009: 46 Repeal of paragraphs 21(3)(b) and 24(1)(c) and subsection 24(3)
p.000009:
p.000009: Paragraphs 21(3)(b) and 24(1)(c) and subsection 24(3) are repealed on
p.000009: whichever of the following days applies:
p.000009: (a) 5 April 2005;
p.000009: (b) if the Council of Australian Governments declares an earlier day by
p.000009: notice in the Gazette—that earlier day.
p.000009:
p.000009: Division 2—Review of Act
p.000009:
p.000009: 47 Review of operation of Act
p.000009:
p.000009: (1) The CEO of the NHMRC must cause an independent review of the operation
p.000009: of this Act to be undertaken as soon as possible after the second anniversary
p.000009: of the day on which this Act received the Royal Assent.
p.000009:
...
Orphaned Trigger Words
p.000009: circumstances 24
p.000009:
p.000009: Division 6—Review provisions 27
p.000009:
p.000009: 31.......... Meaning of terms.............................................................................. 27
p.000009:
p.000009: 32.......... Review of decisions.......................................................................... 27
p.000009:
p.000009: Part 3—Monitoring powers 29
p.000009:
p.000009: 33.......... Appointment of inspectors................................................................ 29
p.000009: 34.......... Identity card...................................................................................... 29
p.000009:
p.000009: 35.......... Powers available to inspectors for monitoring compliance................ 30
p.000009:
p.000009: 36.......... Monitoring powers........................................................................... 30
p.000009:
p.000009: 37.......... Power to secure................................................................................. 32
p.000009:
p.000009: 37A....... Monitoring warrants......................................................................... 32
p.000009:
p.000009: 37B....... Details of warrant to be given to occupier etc.................................... 33
p.000009:
p.000009: 37C....... Announcement before entry.............................................................. 33
p.000009:
p.000009: 37D....... Occupier entitled to be present during search....................................33
p.000009:
p.000009: 38.......... Inspector must produce identity card on request...............................34
p.000009:
p.000009: 39.......... Consent............................................................................................. 34
p.000009:
p.000009: 40.......... Compensation for damage................................................................. 34
p.000009:
p.000009: 41.......... Extended operation of Part................................................................ 35
p.000009:
p.000009: Part 4—Commonwealth/State arrangements 36
p.000009:
p.000009: 42.......... Operation of State laws..................................................................... 36
p.000009:
p.000009: 43.......... Conferral of functions on Commonwealth officers and bodies.........36
p.000009:
p.000009: 44.......... When duty imposed.......................................................................... 37
p.000009:
p.000009: 45.......... Review of certain decisions............................................................... 38
p.000009:
p.000009: Part 5—Sunset clause, review provision and regulations 39
p.000009:
p.000009: Division 1—Repeal 39
p.000009:
p.000009: 46.......... Repeal of paragraphs 21(3)(b) and 24(1)(c) and subsection 24(3).... 39
p.000009:
p.000009: Division 2—Review of Act 40
p.000009:
p.000009: 47.......... Review of operation of Act............................................................... 40
p.000009:
p.000009: 47A....... Further review of operation of Act.................................................... 41
p.000009:
p.000009: 47B....... Minister to report to Parliament......................................................... 43
...
p.000009:
p.000009: (4) A licence is subject to such other conditions as are specified in the licence.
p.000009:
p.000009: (5) The conditions specified in the licence may include, but are not limited to,
p.000009: conditions relating to the following:
p.000009: (a) the persons authorised by the licence to use excess ART embryos or
p.000009: human eggs, or create or use other embryos;
p.000009: (b) the number of excess ART embryos or human eggs authorised to be
p.000009: used under the licence, or the number of other embryos authorised to be
p.000009: created or used under the licence;
p.000009: (c) reporting;
p.000009: (d) monitoring;
p.000009: (e) information to be given by the licence holder to persons authorised by
p.000009: the licence to use excess ART embryos or human eggs, or to create or
p.000009: use other embryos.
p.000009:
p.000009: (6) The licence conditions set out in subsections (1), (2) and (3) apply to all
p.000009: persons who are authorised by the licence to use excess ART embryos or
p.000009: human eggs, or to create or use other embryos.
p.000009:
p.000009: (7) Licence conditions specified in the licence apply to:
p.000009: (a) the licence holder; and
p.000009: (b) such other persons authorised by the licence to use excess ART
p.000009: embryos or human eggs, or to create or use other embryos as are
p.000009: specified in the licence.
p.000009:
p.000009: (8) For the purposes of applying the condition referred to in paragraph (1)(a):
p.000009: (a) a licence may provide that the guidelines referred to in the definition of
p.000009: proper consent apply in a modified form in relation to the use, under the
p.000009: licence, of excess ART embryos that are unsuitable for implantation; and
p.000009: (b) if a licence so provides, the guidelines as modified by the licence have
p.000009: effect in relation to the giving of consent for such creation or use.
p.000009:
p.000009: Note: For example, the guidelines could apply to a particular licence in a modified form, to
p.000009:
p.000009: alter the cooling‑off period required in relation to the use of excess ART embryos that
p.000009: are unsuitable for implantation.
p.000009:
p.000009:
p.000009: 25 Variation of licence
p.000009:
p.000009: (1) The NHMRC Licensing Committee may, by notice in writing given to the
p.000009: licence holder, vary a licence if the Committee believes on reasonable
p.000009: grounds that it is necessary or desirable to do so.
p.000009:
p.000009: (2) The NHMRC Licensing Committee may vary a licence under subsection (1)
p.000009: on its own initiative or on application by the licence holder.
p.000009: (3) Without limiting subsection (1), the NHMRC Licensing Committee may vary
p.000009: the licence by specifying additional conditions or varying existing conditions.
p.000009:
p.000009: (4) The NHMRC Licensing Committee must not vary a licence in such a way
p.000009: that, had a person applied under section 20 for the licence as varied, the
p.000009: Committee would not have been permitted by this Part to issue the licence.
p.000009:
p.000009: 26 Suspension or revocation of licence
p.000009:
p.000009: (1) The NHMRC Licensing Committee may, by notice in writing given to the
p.000009: licence holder, suspend or revoke a licence if the Committee believes on
p.000009: reasonable grounds that a condition of the licence has been breached.
p.000009:
p.000009: (2) If a licence holder is convicted of an offence under this Act or the Prohibition
p.000009: of Human Cloning Act 2002, the NHMRC Licensing Committee must, by notice
p.000009: in writing given to the licence holder, revoke each licence held by the licence
p.000009: holder.
p.000009:
p.000009: 27 Surrender of licence
p.000009:
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| authority | Relationship to Authority |
| criminal | criminal |
| diminished | Diminished Autonomy |
| disability | Mentally Disabled |
| education | education |
| embryo | embryo |
| employees | employees |
| fetus | Fetus/Neonate |
| home | Property Ownership |
| officer | Police Officer |
| prosecuted | Prosecuted |
Indicator Peers (Indicators in Same Vulnerability)
Trigger Words
consent
ethics
Applicable Type / Vulnerability / Indicator Overlay for this Input