Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a person has made an application under section 29 for a licence.
(2) The NHMRC licensing committee must decide, in accordance with this section, whether or not to issue the licence.
(3) The NHMRC licensing committee must not issue the licence unless it is satisfied of the following:
(a) that appropriate protocols are in place—
(i) to enable proper consent to be obtained before an excess ART embryo or human egg is used, or other embryo is created or used, under the licence (see section 33 (1) (a)); and
(ii) to enable compliance with any restrictions on the consent;
(b) that the activity or project proposed in the application has been assessed and approved by a HREC that is constituted in accordance with, and acting in compliance with, the NHMRC National Statement on Ethical Conduct in Research Involving Humans (1999), as in force from time to time.
(4) In deciding whether to issue the licence, the NHMRC licensing committee must have regard to the following:
(a) restricting the number of excess ART embryos, other embryos or human eggs, to that likely to be necessary to achieve the goals of the activity or project proposed in the application;
(b) the likelihood of significant advance in knowledge or improvement in technologies for treatment as a result of the use of excess ART embryos or human eggs, or the creation or use of other embryos, proposed in the application, that could not reasonably be achieved by other means;
(c) any relevant guidelines, or relevant parts of guidelines, issued by the NHMRC under the National Health and Medical Research Council Act 1992 (Cwlth) and prescribed by the Research Involving Human Embryos Regulations 2003 (Cwlth) for this paragraph;
(d) the HREC assessment of the application mentioned in subsection (3) (b);
(e) the additional matters (if any) prescribed under the regulations.