Australian Capital Territory Consolidated Acts

HUMAN CLONING AND EMBRYO RESEARCH ACT 2004 - SECT 33

    (1)     A licence is subject to the condition that before an excess ART embryo or human egg is used, or any other embryo is created or used, as authorised by the licence—

        (a)     each responsible person in relation to the excess ART embryo, human egg or other embryo must have given proper consent to that creation or use; and

        (b)     the licence holder must have reported in writing to the NHMRC licensing committee that the consent has been obtained, and any restrictions to which the consent is subject.

    (2)     A licence is subject to the condition that the use of an excess ART embryo or human egg, or the creation or use of any other embryo, must be in accordance with any restrictions to which the proper consent under subsection (1) is subject.

    (3)     A licence is subject to the other conditions (if any) stated in the licence.

    (4)     The conditions stated in the licence may include, for example, conditions relating to the following:

        (a)     the people authorised by the licence to use excess ART embryos or human eggs, or create or use other embryos;

        (b)     the number of excess ART embryos or human eggs authorised to be used under the licence, or the number of other embryos authorised to be created or used under the licence;

        (c)     reporting;

        (d)     monitoring;

        (e)     information to be given by the licence holder to people authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (5)     The licence conditions mentioned in subsections (1) and (2) apply to all people who are authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos.

    (6)     Licence conditions stated in the licence apply to—

        (a)     the licence holder; and

        (b)     such other people authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos as are stated in the licence.

    (7)     For the purposes of applying the condition mentioned in subsection (1) (a)—

        (a)     a licence may provide that the guidelines mentioned in the definition of proper consent apply in a modified form in relation to the use, under the licence, of excess ART embryos that are unsuitable for implantation; and

        (b)     if a licence so provides, the guidelines as modified by the licence have effect in relation to the giving of consent for such creation or use.

Example

The guidelines could apply to a particular licence in a modified form, to alter the cooling-off period required in relation to the use of excess ART embryos that are unsuitable for implantation.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).