Commonwealth Consolidated Acts

RESEARCH INVOLVING HUMAN EMBRYOS ACT 2002 - SECT 47A

             (1)  The Minister must cause an independent review of the operation of this Act as amended by the Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Act 2006 (the amending Act ) to be undertaken as soon as possible after the third anniversary of the day on which the amending Act received the Royal Assent.

             (2)  The review must be:

                     (a)  undertaken by the persons who undertake the Prohibition of Human Cloning for Reproduction Act further review; and

                     (b)  undertaken concurrently with that Prohibition of Human Cloning for Reproduction Act further review.

             (3)  The persons undertaking the review must give the Council of Australian Governments and both Houses of the Parliament a written report of the review before the fourth anniversary of the day on which the amending Act received the Royal Assent.

             (4)  The persons undertaking the review must consider and report on the scope and operation of this Act as amended by the amending Act, taking into account the following:

                     (a)  developments in assisted reproductive technology, including technological, medical and scientific developments, and the actual or potential clinical and therapeutic applications of such research;

                     (b)  developments in embryonic stem cell research, including technological, medical and scientific developments, and the actual or potential clinical and therapeutic applications of such research;

                     (c)  community standards;

                     (d)  a brief analysis of international developments and legislation relating to the use of human embryos and related research;

                     (e)  an analysis of research resulting from the licenses granted;

                      (f)  any National Stem Cell Centre and any national register of donated excess ART embryos;

                     (g)  an evaluation of the effectiveness of legislative provisions and NHMRC guidelines relating to proper consent;

                     (h)  an evaluation of the range of matters for which the NHMRC Licensing Committee may issue a licence and any recommendations to increase, decrease or alter these arising from the evaluation;

                      (i)  an analysis of any research or clinical practice which has been prevented as a result of legislative restrictions;

                      (j)  the extent to which the NHMRC Licensing Committee has effectively used information and education tools to assist researchers working in the field, and any ongoing need for legally binding rulings;

                     (k)  the extent of Commonwealth/State cooperation in the area of human embryo research and the requirement for further Commonwealth or State legislation on the matter.

             (5)  The report must contain recommendations about amendments that should be made to this Act, having regard to the matters mentioned in subsection (4).

             (6)  The persons undertaking the review must consult:

                     (a)  the Commonwealth and the States; and

                     (b)  a broad range of persons with expertise in or experience of relevant disciplines;

and the views of the Commonwealth, the States and the persons mentioned in paragraph (b) must be set out in the report to the extent that it is reasonably practicable to do so.

             (7)  In this section:

"Prohibition of Human Cloning for Reproduction Act further review" means the review mentioned in section 25A of the Prohibition of Human Cloning for Reproduction Act 2002 .