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REPRODUCTIVE TECHNOLOGY (CLINICAL PRACTICES) ACT 1988 - SECT 10

10—Functions of the Council

        (1)         The functions of the Council are as follows:

            (a)         to formulate, and keep under review, a code of ethical practice to govern—

                  (i)         the use of artificial fertilisation procedures;

            (b)         —

                  (i)         to advise the Minister on the conditions to be included in licences authorising artificial fertilisation procedures;

            (c)         to carry out research into the social consequences of reproductive technology;

            (d)         to promote research into the causes of human infertility (and, in doing so, to attempt to ensure that adequate attention is given to research into the causes of both female and male infertility);

            (da)         to keep under review research involving human embryos;

            (e)         to advise the Minister on any questions arising out of, or in relation to, reproductive technology;

            (f)         to promote (by the dissemination of information and in other ways) informed public debate on the ethical and social issues that arise from reproductive technology;

            (g)         to collaborate with other bodies carrying out similar functions in Australia.

        (2)         The welfare of any child to be born in consequence of an artificial fertilisation procedure must be treated as of paramount importance, and accepted as a fundamental principle, in the formulation of the code of ethical practice.

        (3)         The code of ethical practice must contain provisions to the following effect—

            (a)         the practice known as embryo flushing must be prohibited;

            (b)         any persons on whose behalf a human embryo is stored outside the human body must have the right to decide how the embryo is to be dealt with or disposed of and a person who has made such a decision must have (while the embryo remains in storage) the right to review the decision at intervals of no more than 12 months;

            (c)         a human embryo must not be maintained outside the human body for a period exceeding 10 years;

            (d)         the culture of a human embryo outside the human body must be prohibited beyond the stage of development at which implantation would normally occur.

        (4)         For the purpose of formulating the code of ethical practice, the Council may adopt (with or without modification) codes or standards of practice adopted elsewhere.

        (5)         The code of ethical practice (and any amendments to it) will be promulgated in the form of regulations.



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