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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Research Involving Human
Embryos and Prohibition of
Human Cloning Amendment
Bill 2007
Queensland
Research Involving Human Embryos and
Prohibition of Human Cloning
Amendment Bill 2007
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 3 (Object of Act) . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Replacement of pt 2 (Prohibited practices) . . . . . . . . . . . . . . . . . 7
Part 2 Prohibited practices
Division 1 Practices that are completely prohibited
7 Offence--placing a human embryo clone in the
human body or the body of an animal . . . . . . . . . . . . 7
8 Offence--creating a human embryo for a purpose
other than achieving pregnancy in a woman . . . . . . . 8
9 Offence--creating or developing a human embryo by
fertilisation that contains genetic material provided
by more than 2 persons . . . . . . . . . . . . . . . . . . . . . . . 8
10 Offence--developing a human embryo outside the
body of a woman for more than 14 days . . . . . . . . . . 8
11 Offence--heritable alterations to genome . . . . . . . . . 8
12 Offence--collecting a viable human embryo from the
body of a woman . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Offence--creating a chimeric embryo . . . . . . . . . . . . 9
14 Offence--developing a hybrid embryo . . . . . . . . . . . . 9
15 Offence--placing of an embryo . . . . . . . . . . . . . . . . . 9
16 Offence--placing a prohibited embryo . . . . . . . . . . . . 10
17 Offence--commercial trading in human eggs, human
sperm or human embryos . . . . . . . . . . . . . . . . . . . . . 11
2
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
Division 2 Practices that are prohibited unless authorised
by a licence
18 Offence--creating a human embryo other than by
fertilisation, or developing such an embryo . . . . . . . . 12
19 Offence--creating or developing a human embryo
containing genetic material provided by more than 2
persons .............................. 12
20 Offence--using precursor cells from a human
embryo or a human fetus to create a human embryo,
or developing such an embryo . . . . . . . . . . . . . . . . . . 13
20A Offence--creating a hybrid embryo . . . . . . . . . . . . . . 13
8 Replacement of pt 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 3 Regulation of the use of excess ART embryos,
other embryos and human eggs'.
9 Amendment of s 21 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 14
10 Amendment of s 23 (Offence--use of excess ART embryo) . . . . 15
11 Insertion of new ss 23A and 23B . . . . . . . . . . . . . . . . . . . . . . . . . 15
23A Offence--use of other embryos . . . . . . . . . . . . . . . . . 15
23B Offence--certain activities involving use of human
eggs .................................. 16
12 Amendment of s 24 (Offence--use of embryo that is not an
excess ART embryo) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25A Person not liable for conduct purportedly authorised . 16
14 Amendment of s 28 (Person may apply for licence) . . . . . . . . . . . 17
15 Amendment of s 29 (Determination of application by committee) 18
16 Amendment of s 32 (Licence is subject to conditions) . . . . . . . . . 18
17 Amendment of s 37 (NHMRC Licensing Committee to make
certain information publicly available). . . . . . . . . . . . . . . . . . . . . . 20
18 Amendment of s 39 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . 20
19 Amendment of s 40 (Review of decisions) . . . . . . . . . . . . . . . . . . 21
20 Amendment of s 43 (Powers available to inspectors for
monitoring compliance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Amendment of s 44 (Monitoring powers) . . . . . . . . . . . . . . . . . . . 21
22 Amendment of s 45 (Power to secure) . . . . . . . . . . . . . . . . . . . . . 21
23 Insertion of new ss 45A to 45D . . . . . . . . . . . . . . . . . . . . . . . . . . 22
45A Monitoring warrants . . . . . . . . . . . . . . . . . . . . . . . . . . 22
45B Details of warrant to be given to occupier etc. . . . . . . 23
45C Announcement before entry . . . . . . . . . . . . . . . . . . . . 23
45D Occupier entitled to be present during search . . . . . . 23
3
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
24 Replacement of s 49 (Review of operation of Act) . . . . . . . . . . . . 24
49 Further review of operation of Act . . . . . . . . . . . . . . . 24
25 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 6 Saving provisions
54 Saving provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 25
2007
A Bill
for
An Act to amend the Research Involving Human Embryos and
Prohibition of Human Cloning Act 2003
s1 6 s6
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Research Involving Human 3
Embryos and Prohibition of Human Cloning Amendment Act 4
2007. 5
Clause 2 Act amended 6
This Act amends the Research Involving Human Embryos and 7
Prohibition of Human Cloning Act 2003. 8
Clause 3 Amendment of long title 9
Long title, after `human cloning'-- 10
insert-- 11
`for reproduction'. 12
Clause 4 Amendment of s 1 (Short title) 13
Section 1, after `Cloning'-- 14
insert-- 15
`for Reproduction'. 16
Clause 5 Amendment of s 3 (Object of Act) 17
Section 3(b), after `technology'-- 18
insert-- 19
`or by other means'. 20
Clause 6 Amendment of s 5 (Definitions) 21
(1) Section 5-- 22
insert-- 23
s7 7 s7
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
`(4A) A reference in this Act to an embryo (including a human 1
embryo) is a reference to a living embryo. 2
(4B) A reference in this Act to a human egg is a reference to a 3
human oocyte. 4
(4C) A reference in this Act to a human embryo does not include a 5
reference to-- 6
(a) a hybrid embryo; or 7
(b) a human embryonic stem cell line.'. 8
(2) Section 5(4A) to (5)-- 9
renumber as section 5(5) to (8). 10
Clause 7 Replacement of pt 2 (Prohibited practices) 11
Part 2-- 12
omit, insert-- 13
`Part 2 Prohibited practices 14
`Division 1 Practices that are completely 15
prohibited 16
`7 Offence--placing a human embryo clone in the 17
human body or the body of an animal 18
`(1) A person commits an offence if the person intentionally 19
places a human embryo clone in the body of a human or the 20
body of an animal. 21
Maximum penalty--15 years imprisonment. 22
`(2) It is not a defence to an offence under subsection (1) that the 23
human embryo clone did not survive or could not have 24
survived. 25
Note-- 26
The development of a human embryo (including a human embryo clone) 27
outside the body of a woman for more than 14 days is prohibited by 28
section 10. 29
s7 8 s7
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
`8 Offence--creating a human embryo for a purpose 1
other than achieving pregnancy in a woman 2
`(1) A person commits an offence if the person intentionally 3
creates a human embryo by a process of the fertilisation of a 4
human egg by a human sperm outside the body of a woman, 5
unless the person's intention in creating the embryo is to 6
attempt to achieve pregnancy in a particular woman. 7
Maximum penalty--15 years imprisonment. 8
`(2) A defendant does not bear the burden of proving any matter in 9
subsection (1). 10
`9 Offence--creating or developing a human embryo by 11
fertilisation that contains genetic material provided 12
by more than 2 persons 13
`A person commits an offence if-- 14
(a) the person intentionally creates or develops a human 15
embryo by a process of the fertilisation of a human egg 16
by a human sperm outside the body of a woman; and 17
(b) the human embryo contains genetic material provided 18
by more than 2 persons. 19
Maximum penalty--15 years imprisonment. 20
`10 Offence--developing a human embryo outside the 21
body of a woman for more than 14 days 22
`A person commits an offence if the person intentionally 23
develops a human embryo outside the body of a woman for a 24
period of more than 14 days, excluding any period when 25
development is suspended. 26
Maximum penalty--15 years imprisonment. 27
`11 Offence--heritable alterations to genome 28
`(1) A person commits an offence if-- 29
s7 9 s7
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
(a) the person alters the genome of a human cell in such a 1
way that the alteration is heritable by descendants of the 2
human whose cell was altered; and 3
(b) in altering the genome, the person intended the 4
alteration to be heritable by descendants of the human 5
whose cell was altered. 6
Maximum penalty--15 years imprisonment. 7
`(2) In this section-- 8
human cell includes a human embryonal cell, a human fetal 9
cell, human sperm and a human egg. 10
`12 Offence--collecting a viable human embryo from the 11
body of a woman 12
`A person commits an offence if the person removes a human 13
embryo from the body of a woman, intending to collect a 14
viable human embryo. 15
Maximum penalty--15 years imprisonment. 16
`13 Offence--creating a chimeric embryo 17
`A person commits an offence if the person intentionally 18
creates a chimeric embryo. 19
Maximum penalty--15 years imprisonment. 20
`14 Offence--developing a hybrid embryo 21
`A person commits an offence if the person intentionally 22
develops a hybrid embryo for a period of more than 14 days, 23
excluding any period when development is suspended. 24
Maximum penalty--15 years imprisonment. 25
`15 Offence--placing of an embryo 26
`(1) A person commits an offence if the person intentionally 27
places a human embryo in an animal. 28
Maximum penalty--15 years imprisonment. 29
s7 10 s7
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
`(2) A person commits an offence if the person intentionally 1
places a human embryo in the body of a human, other than in 2
a woman's reproductive tract. 3
Maximum penalty--15 years imprisonment. 4
`(3) A person commits an offence if the person intentionally 5
places an animal embryo in the body of a human for any 6
period of gestation. 7
Maximum penalty--15 years imprisonment. 8
`16 Offence--placing a prohibited embryo 9
`(1) A person commits an offence if the person intentionally 10
places an embryo in the body of a woman knowing that, or 11
reckless as to whether, the embryo is a prohibited embryo. 12
Maximum penalty--15 years imprisonment. 13
`(2) In this section-- 14
prohibited embryo means-- 15
(a) a human embryo created by a process other than the 16
fertilisation of a human egg by human sperm; or 17
(b) a human embryo created outside the body of a woman, 18
unless the intention of the person who created the 19
embryo was to attempt to achieve pregnancy in a 20
particular woman; or 21
(c) a human embryo that contains genetic material provided 22
by more than 2 persons; or 23
(d) a human embryo that has been developing outside the 24
body of a woman for a period of more than 14 days, 25
excluding any period when development is suspended; 26
or 27
(e) a human embryo created using precursor cells taken 28
from a human embryo or a human fetus; or 29
(f) a human embryo that contains a human cell (within the 30
meaning of section 11) whose genome has been altered 31
in such a way that the alteration is heritable by human 32
descendants of the human whose cell was altered; or 33
s7 11 s7
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
(g) a human embryo that was removed from the body of a 1
woman by a person intending to collect a viable human 2
embryo; or 3
(h) a chimeric embryo or a hybrid embryo. 4
`17 Offence--commercial trading in human eggs, human 5
sperm or human embryos 6
`(1) A person commits an offence if the person intentionally gives 7
or offers valuable consideration to another person for the 8
supply of a human egg, human sperm or a human embryo. 9
Maximum penalty--15 years imprisonment. 10
`(2) A person commits an offence if the person intentionally 11
receives, or offers to receive, valuable consideration from 12
another person for the supply of a human egg, human sperm 13
or a human embryo. 14
Maximum penalty--15 years imprisonment. 15
`(3) In this section: 16
reasonable expenses-- 17
(a) in relation to the supply of a human egg or human 18
sperm--includes, but is not limited to, expenses relating 19
to the collection, storage or transport of the egg or 20
sperm; and 21
(b) in relation to the supply of a human embryo-- 22
(i) does not include any expenses incurred by a person 23
before the time when the embryo became an excess 24
ART embryo within the meaning of section 22; and 25
(ii) includes, but is not limited to, expenses relating to 26
the storage or transport of the embryo. 27
valuable consideration, in relation to the supply of a human 28
egg, human sperm or a human embryo by a person, includes 29
any inducement, discount or priority in the provision of a 30
service to the person, but does not include the payment of 31
reasonable expenses incurred by the person in connection 32
with the supply. 33
s7 12 s7
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
`Division 2 Practices that are prohibited unless 1
authorised by a licence 2
`18 Offence--creating a human embryo other than by 3
fertilisation, or developing such an embryo 4
`A person commits an offence if-- 5
(a) the person intentionally creates a human embryo by a 6
process other than the fertilisation of a human egg by a 7
human sperm, or develops a human embryo so created; 8
and 9
(b) the creation or development of the human embryo by the 10
person is not authorised by a licence. 11
Maximum penalty--10 years imprisonment. 12
Notes-- 13
1 The development of a human embryo outside the body of a woman 14
for more than 14 days is prohibited by section 10. 15
2 The placement in the body of a woman of a human embryo clone, 16
or any other human embryo created other than by the fertilisation of 17
a human egg by a human sperm, is prohibited by sections 7 and 16. 18
`19 Offence--creating or developing a human embryo 19
containing genetic material provided by more than 2 20
persons 21
`A person commits an offence if-- 22
(a) the person intentionally creates or develops a human 23
embryo by a process other than the fertilisation of a 24
human egg by a human sperm; and 25
(b) the human embryo contains genetic material provided 26
by more than 2 persons; and 27
(c) the creation or development of the human embryo by the 28
person is not authorised by a licence. 29
Maximum penalty--10 years imprisonment. 30
Notes-- 31
1 The development of a human embryo outside the body of a woman 32
for more than 14 days is prohibited by section 10. 33
s8 13 s8
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
2 The placement in the body of a woman of a human embryo created 1
other than by the fertilisation of a human egg by a human sperm, is 2
prohibited by section 16. 3
`20 Offence--using precursor cells from a human 4
embryo or a human fetus to create a human embryo, 5
or developing such an embryo 6
`A person commits an offence if-- 7
(a) the person uses precursor cells taken from a human 8
embryo or a human fetus, intending to create a human 9
embryo, or intentionally develops an embryo so created; 10
and 11
(b) the person engages in activities mentioned in paragraph 12
(a) without being authorised by a licence, and the person 13
knows or is reckless as to that fact. 14
Maximum penalty--10 years imprisonment. 15
`20A Offence--creating a hybrid embryo 16
`(1) A person commits an offence if the person intentionally 17
creates a hybrid embryo. 18
Maximum penalty--10 years imprisonment. 19
`(2) A person commits an offence if the person intentionally 20
develops a hybrid embryo. 21
Maximum penalty--10 years imprisonment. 22
`(3) A person does not commit an offence against subsection (1) or 23
(2) if the creation or development of the hybrid embryo by the 24
person is authorised by a licence. 25
Note-- 26
A licence to create or use a hybrid embryo can only be issued under 27
section 29 for the purposes of testing sperm quality in an accredited 28
ART centre up to, but not including, the first mitotic division.'. 29
Clause 8 Replacement of pt 3 hdg 30
Part 3, heading-- 31
s9 14 s9
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
omit, insert-- 1
`Part 3 Regulation of the use of excess 2
ART embryos, other embryos 3
and human eggs'. 4
Clause 9 Amendment of s 21 (Definitions) 5
(1) Section 21, heading, after `Definitions'-- 6
insert-- 7
`for pt 3'. 8
(2) Section 21, definitions proper consent and responsible 9
person-- 10
omit. 11
(3) Section 21-- 12
insert-- 13
`proper consent, in relation to the use of an excess ART 14
embryo or a human egg, or the creation or use of any other 15
embryo, means consent obtained in accordance with 16
guidelines issued by the CEO of the NHMRC under the 17
National Health and Medical Research Council Act 1992 18
(Cwlth) and prescribed under a regulation for the purposes of 19
this definition. 20
responsible person means-- 21
(a) in relation to an excess ART embryo-- 22
(i) each person who provided the egg or sperm from 23
which the embryo was created; and 24
(ii) the woman for whom the embryo was created, for 25
the purpose of achieving her pregnancy; and 26
(iii) any person who was the spouse of a person 27
mentioned in subparagraph (i) at the time the egg 28
or sperm mentioned in that subparagraph was 29
provided; and 30
s 10 15 s 11
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
(iv) any person who was the spouse of the woman 1
mentioned in subparagraph (ii) at the time the 2
embryo was created; or 3
(b) in relation to an embryo other than an excess ART 4
embryo--each person whose reproductive material, 5
genetic material or cell was used, or is proposed to be 6
used, in the creation or use of the embryo; or 7
(c) in relation to a human egg--the woman who was the 8
biological donor of the egg.'. 9
Clause 10 Amendment of s 23 (Offence--use of excess ART 10
embryo) 11
Section 23(3), `an evidential burden in relation to'-- 12
omit, insert-- 13
`the burden of proving'. 14
Clause 11 Insertion of new ss 23A and 23B 15
After section 23-- 16
insert-- 17
`23A Offence--use of other embryos 18
`A person commits an offence if-- 19
(a) the person intentionally uses an embryo; and 20
(b) the embryo is-- 21
(i) a human embryo created by a process other than 22
the fertilisation of a human egg by a human sperm; 23
or 24
(ii) a human embryo created by a process other than 25
the fertilisation of a human egg by a human sperm 26
that contains genetic material provided by more 27
than 2 persons; or 28
(iii) a human embryo created using precursor cells 29
taken from a human embryo or a human fetus; or 30
(iv) a hybrid embryo; and 31
s 12 16 s 13
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
(c) the use by the person is not authorised by a licence. 1
Maximum penalty--5 years imprisonment. 2
Note-- 3
The creation or development of embryos mentioned in this section is 4
prohibited under part 2, unless authorised by a licence. 5
`23B Offence--certain activities involving use of human 6
eggs 7
`A person commits an offence if-- 8
(a) the person undertakes research or training involving the 9
fertilisation of a human egg by a human sperm up to, but 10
not including, the first mitotic division, outside the body 11
of a woman for the purposes of research or training in 12
ART; and 13
(b) the person is not authorised by a licence to undertake the 14
research or training. 15
Maximum penalty--5 years imprisonment.'. 16
Clause 12 Amendment of s 24 (Offence--use of embryo that is not 17
an excess ART embryo) 18
Section 24(a), from `human'-- 19
omit, insert-- 20
`human embryo-- 21
(i) that was created by fertilisation of a human egg by 22
a human sperm; and 23
(ii) that is not an excess ART embryo; and'. 24
Clause 13 Insertion of new s 25A 25
Part 3, division 2-- 26
insert-- 27
`25A Person not liable for conduct purportedly authorised 28
`(1) To avoid any doubt, it is declared that a person is not 29
criminally responsible for an offence against this part, or 30
s 14 17 s 14
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
section 50(1)1 to the extent the attempt relates to an offence 1
against this part, in respect of particular conduct if-- 2
(a) the conduct by the person is purportedly authorised by a 3
provision of a licence; and 4
(b) the licence or the provision is invalid, whether because 5
of a technical defect or irregularity or for any other 6
reason; and 7
(c) the person did not know, and could not reasonably be 8
expected to have known, of the invalidity of the licence 9
or the provision. 10
`(2) In this section-- 11
licence includes a purported licence.'. 12
Clause 14 Amendment of s 28 (Person may apply for licence) 13
Section 28(1)-- 14
omit, insert-- 15
`(1) A person may apply to the NHMRC Licensing Committee for 16
a licence authorising one or more of the following-- 17
(a) use of excess ART embryos; 18
(b) creation of human embryos other than by fertilisation of 19
a human egg by a human sperm, and use of such 20
embryos; 21
(c) creation of human embryos other than by fertilisation of 22
a human egg by a human sperm that contain genetic 23
material provided by more than 2 persons, and use of 24
such embryos; 25
(d) creation of human embryos using precursor cells from a 26
human embryo or a human fetus, and use of such 27
embryos; 28
(e) research and training involving the fertilisation of a 29
human egg by a human sperm up to, but not including, 30
1 Section 50 (Attempts to commit offences against this Act)
s 15 18 s 16
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
the first mitotic division, outside the body of a woman 1
for the purposes of research or training in ART; 2
(f) creation of hybrid embryos by the fertilisation of an 3
animal egg by a human sperm, and use of such embryos 4
up to, but not including, the first mitotic division, if-- 5
(i) the creation or use is for the purposes of testing 6
sperm quality; and 7
(ii) the creation or use will occur in an accredited ART 8
centre. 9
`(1A) To avoid any doubt, it is declared that subsection (1)(a), (b), 10
(c) or (d) does not permit the NHMRC Licensing Committee 11
to authorise any use of an excess ART embryo or other 12
embryo that would result in the development of the embryo 13
for a period of more than 14 days, excluding any period when 14
development is suspended.'. 15
Clause 15 Amendment of s 29 (Determination of application by 16
committee) 17
(1) Section 29(3)(a)(i), `is used'-- 18
omit, insert-- 19
`or human egg is used, or other embryo is created or used,'. 20
(2) Section 29(4)(a), after `excess ART embryos'-- 21
insert-- 22
`, other embryos or human eggs,'. 23
(3) Section 29(4)(b), after `excess ART embryos'-- 24
insert-- 25
`or human eggs, or the creation or use of other embryos,'. 26
Clause 16 Amendment of s 32 (Licence is subject to conditions) 27
(1) Section 32(1)-- 28
omit, insert-- 29
s 16 19 s 16
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
`(1) A licence is subject to the condition that before an excess 1
ART embryo or human egg is used, or any other embryo is 2
created or used, as authorised by the licence-- 3
(a) each responsible person in relation to the excess ART 4
embryo, human egg or other embryo must have given 5
proper consent to that creation or use; and 6
(b) the licence holder must have reported in writing to the 7
NHMRC Licensing Committee that such consent has 8
been obtained, and any restrictions to which the consent 9
is subject.'. 10
(2) Section 32(2), after `excess ART embryo'-- 11
insert-- 12
`or human egg, or the creation or use of any other embryo,'. 13
(3) Section 32(5)(a), after `excess ART embryos'-- 14
insert-- 15
`or human eggs, or create or use other embryos'. 16
(4) Section 32(5)(b)-- 17
omit, insert-- 18
`(b) the number of excess ART embryos or human eggs 19
authorised to be used under the licence, or the number of 20
other embryos authorised to be created or used under the 21
licence;'. 22
(5) Section 32(5)(e) and (6), after `excess ART embryos'-- 23
insert-- 24
`or human eggs, or to create or use other embryos'. 25
(6) Section 32(7)(b), after `excess ART embryos'-- 26
insert-- 27
`or human eggs, or to create or use other embryos,'. 28
(7) Section 32-- 29
insert-- 30
`(8) For the purposes of applying the condition referred to in 31
subsection (1)(a)-- 32
s 17 20 s 18
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
(a) a licence may provide that the guidelines referred to in 1
the definition proper consent apply in a modified form 2
in relation to the use, under the licence, of excess ART 3
embryos that are unsuitable for implantation; and 4
(b) if a licence so provides, the guidelines as modified by 5
the licence have effect in relation to the giving of 6
consent for the use, under the licence, of the excess ART 7
embryos. 8
Note-- 9
For example, the guidelines could apply to a particular licence in 10
a modified form, to alter the cooling-off period required in 11
relation to the use of excess ART embryos that are unsuitable for 12
implantation.'. 13
Clause 17 Amendment of s 37 (NHMRC Licensing Committee to 14
make certain information publicly available) 15
(1) Section 37(1)(b), after `excess ART embryos'-- 16
insert-- 17
`or human eggs, or creation or uses of other embryos,'. 18
(2) Section 37(1)(d)-- 19
omit, insert-- 20
`(d) the number of ART embryos or human eggs authorised 21
to be used under the licence, and the number of other 22
embryos authorised to be created or used under the 23
licence;'. 24
Clause 18 Amendment of s 39 (Meaning of terms) 25
(1) Section 39, heading-- 26
omit, insert-- 27
`39 Definitions for div 6'. 28
(2) Section 39, definition eligible person-- 29
insert-- 30
s 19 21 s 22
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
`(ca) in relation to a decision to modify guidelines under 1
section 32(8) in respect of a licence--the licence holder; 2
or'. 3
Clause 19 Amendment of s 40 (Review of decisions) 4
Section 40(1)-- 5
insert-- 6
`(ca) a decision to modify guidelines under section 32(8) in 7
respect of a licence;'. 8
Clause 20 Amendment of s 43 (Powers available to inspectors for 9
monitoring compliance) 10
Section 43(2)-- 11
insert-- 12
`(c) the entry is made under a warrant under section 45A.'. 13
Clause 21 Amendment of s 44 (Monitoring powers) 14
(1) Section 44(1)(b), after `human embryo'-- 15
insert-- 16
`, other embryo, human egg'. 17
(2) Section 44(1)-- 18
insert-- 19
`(g) in addition to the powers mentioned in paragraphs (a) to 20
(f), if the inspector was authorised to enter the premises 21
by a warrant under section 45A--to require any person 22
in or on the premises to-- 23
(i) answer any questions put by the inspector; and 24
(ii) produce any book, record or document requested 25
by the inspector.'. 26
Clause 22 Amendment of s 45 (Power to secure) 27
(1) Section 45, after `human embryo'-- 28
s 23 22 s 23
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
insert-- 1
`, another embryo, a human egg'. 2
(2) Section 45, `the embryo or thing'-- 3
omit, insert-- 4
`the embryo, the egg or the thing'. 5
Clause 23 Insertion of new ss 45A to 45D 6
After section 45-- 7
insert-- 8
`45A Monitoring warrants 9
`(1) An inspector may apply to a magistrate for a warrant under 10
this section in relation to premises. 11
`(2) Subject to subsection (3), the magistrate may issue the 12
warrant if the magistrate is satisfied by information on oath or 13
affirmation that it is reasonably necessary that one or more 14
inspectors should have access to the premises for the purpose 15
of finding out whether this Act has been complied with. 16
`(3) The magistrate must not issue the warrant unless the inspector 17
or some other person has given to the magistrate, either orally 18
or by affidavit, such further information (if any) as the 19
magistrate requires concerning the grounds on which the issue 20
of the warrant is being sought. 21
`(4) The warrant must-- 22
(a) authorise one or more inspectors (whether or not named 23
in the warrant) with such assistance and by such force as 24
is necessary and reasonable-- 25
(i) to enter the premises; and 26
(ii) to exercise the powers set out in section 44 in 27
relation to the premises; and 28
(b) state whether the entry is authorised to be made at any 29
time of the day or night or during specified hours of the 30
day or night; and 31
s 23 23 s 23
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
(c) specify the day (not more than 15 days after the issue of 1
the warrant) on which the warrant ceases to have effect; 2
and 3
(d) state the purpose for which the warrant is issued. 4
`45B Details of warrant to be given to occupier etc. 5
`(1) If a warrant under section 45A is being executed and the 6
occupier of the premises or another person who apparently 7
represents the occupier is present at the premises, the 8
inspector must make available to that person a copy of the 9
warrant. 10
`(2) The inspector must identify himself or herself to that person. 11
`(3) The copy of the warrant referred to in subsection (1) need not 12
include the signature of the magistrate who issued the 13
warrant. 14
`45C Announcement before entry 15
`An inspector must, before entering premises under a 16
warrant-- 17
(a) announce that he or she is authorised to enter the 18
premises; and 19
(b) give any person at the premises an opportunity to allow 20
entry to the premises. 21
`45D Occupier entitled to be present during search 22
`(1) If a warrant under section 45A is being executed and the 23
occupier of the premises or another person who apparently 24
represents the occupier is present at the premises, the person 25
is entitled to observe the search being conducted. 26
`(2) The right to observe the search being conducted ceases if the 27
person impedes the search. 28
(3) This section does not prevent 2 or more areas of the premises 29
being searched at the same time.'. 30
s 24 24 s 25
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
Clause 24 Replacement of s 49 (Review of operation of Act) 1
Section 49-- 2
omit, insert-- 3
`49 Further review of operation of Act 4
`(1) The Minister must cause a review of the operation of this Act 5
as amended by the Research Involving Human Embryos and 6
Prohibition of Human Cloning Amendment Act 2007 to be 7
undertaken as soon as possible after the third anniversary of 8
the day on which that Act commenced. 9
`(2) The review must cover the scope and operation of parts 2 and 10
3 taking into account the following-- 11
(a) developments in assisted reproductive technology, 12
including technological, medical and scientific 13
developments, and the actual or potential clinical and 14
therapeutic applications of such research; 15
(b) developments in embryonic stem cell research, 16
including technological, medical and scientific 17
developments, and the actual or potential clinical and 18
therapeutic applications of such research; 19
(c) community standards; 20
(d) a brief analysis of international developments and 21
legislation relating to the use of human embryos and 22
related research; 23
(e) an analysis of research resulting from the licenses 24
granted; 25
(f) an analysis of any research or clinical practice that has 26
been prevented as a result of legislative restrictions. 27
`(3) The review may be undertaken as part of the reviews under the 28
Commonwealth Act, section 47A and the Prohibition of 29
Human Cloning for Reproduction Act 2002 (Cwlth), section 30
25A.'. 31
Clause 25 Insertion of new pt 6 32
After part 5-- 33
s 26 25 s 26
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
insert-- 1
`Part 6 Saving provisions 2
`54 Saving provision 3
`(1) If-- 4
(a) at any time before the commencement of this section, a 5
person made an application under subsection 28(1) for a 6
licence; and 7
(b) immediately before that commencement, the NHMRC 8
Licensing Committee had not decided the application; 9
then the person is taken, on and from that commencement, to 10
have applied for the licence under subsection 28(1) of the 11
amended Act. 12
`(2) To avoid any doubt, it is declared that a licence issued under 13
section 29 that was in force immediately before the 14
commencement of this section continues in force after that 15
commencement. 16
`(3) In this section-- 17
amended Act means this Act as amended by the Research 18
Involving Human Embryos and Prohibition of Human 19
Cloning Amendment Act 2007.'. 20
Clause 26 Amendment of schedule (Dictionary) 21
(1) Schedule, definitions human embryo and licence-- 22
omit. 23
(2) Schedule-- 24
insert-- 25
`ART means assisted reproductive technology. 26
human embryo means a discrete entity that has arisen from 27
either-- 28
(a) the first mitotic division when fertilisation of a human 29
oocyte by a human sperm is complete; or 30
s 26 26 s 26
Research Involving Human Embryos and Prohibition
of Human Cloning Amendment Bill 2007
(b) any other process that initiates organised development 1
of a biological entity with a human nuclear genome or 2
altered human nuclear genome that has the potential to 3
develop up to, or beyond, the stage at which the 4
primitive streak appears; 5
and has not yet reached 8 weeks of development since the first 6
mitotic division. 7
licence see section 21. 8
unsuitable for implantation, in relation to a human embryo, 9
means a human embryo that-- 10
(a) is diagnosed by preimplantation genetic diagnosis as 11
unsuitable for implantation, in accordance with the 12
Ethical Guidelines on the Use of Assisted Reproductive 13
Technology in Clinical Practice and Research (2004), 14
issued by the CEO of the NHMRC; or 15
(b) is determined to be unsuitable for implantation in the 16
body of a woman, in accordance with objective criteria 17
specified in guidelines issued by the CEO of the 18
NHMRC under the National Health and Medical 19
Research Council Act 1992 (Cwlth) and prescribed 20
under a regulation for the purposes of this paragraph. 21
use includes develop, or development, as the case requires.'. 22
23
© State of Queensland 2007
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