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TASMANIA
__________
HUMAN EMBRYONIC RESEARCH
REGULATION BILL 2003
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Interpretation
5. Act binds Crown
PART 2 THE APPLIED PROVISIONS
6. Application of Commonwealth embryo laws to Tasmania
7. Modification of Commonwealth embryo laws
8. Interpretation of Commonwealth embryo laws
PART 3 FUNCTIONS AND POWERS UNDER APPLIED
PROVISIONS
9. Functions and powers of NHMRC Licensing Committee
and other bodies and officers
10. Delegations
PART 4 OFFENCES
11. Object of this Part
[Bill 58]-I
12. Application of Commonwealth criminal laws to offences
against applied provisions
13. Functions and powers conferred on Commonwealth
officers and authorities relating to offences
14. No double jeopardy for offences against applied
provisions
PART 5 ADMINISTRATIVE LAWS
15. Application of Commonwealth administrative laws to
applied provisions
16. Functions and powers conferred on Commonwealth
officers and authorities
PART 6 MISCELLANEOUS
17. Things done for multiple purposes
18. Reference in Commonwealth law to a provision of
another law
19. Fees and other money
20. Regulations
21. Review of Act
22. Administration of Act
23. Federal Courts (State Jurisdiction) Act 1999 amended
2
HUMAN EMBRYONIC RESEARCH
REGULATION BILL 2003
(Brought in by the Minister for Health and Human
Services, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to apply the Research Involving Human
Embryos Act 2002 of the Commonwealth as a law of
Tasmania and for other purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Human Embryonic
Research Regulation Act 2003.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
Object of Act
3. (1) The object of this Act is to adopt in Tasmania a
uniform Australian approach to the regulation of activities
[Bill 58] 3
s. 4 No. Human Embryonic Research Regulation 2003
that involve the use of certain human embryos created by
assisted reproductive technology.
(2) For that purpose, this Act
(a) applies the Research Involving Human
Embryos Act 2002 of the Commonwealth as a
law of Tasmania; and
(b) makes provision to ensure that that
Commonwealth Act and the applied law of
Tasmania are administered on a uniform basis
by the Commonwealth as if they constituted a
single law of the Commonwealth.
Interpretation
4. (1) In this Act, unless the contrary intention appears
"applied provisions" means the Commonwealth
embryo laws that apply as a law of Tasmania
because of section 6, including any
modification under section 7;
"Commonwealth administrative laws" means
the following Acts and regulations of the
Commonwealth:
(a) the Administrative Appeals Tribunal Act
1975 (excluding Part IVA);
(b) the Freedom of Information Act 1982;
(c) the Ombudsman Act 1976;
(d) the Privacy Act 1988;
(e) the regulations in force under any of
those Acts;
4
2003 Human Embryonic Research Regulation No. s. 5
"Commonwealth Embryo Act" means the
Research Involving Human Embryos Act 2002
of the Commonwealth;
"Commonwealth embryo laws" means
(a) the Commonwealth Embryo Act; and
(b) all regulations in force under that Act;
"function" includes duty;
"modification" includes additions, omissions and
substitutions;
"NHMRC Licensing Committee" means the
Embryo Research Licensing Committee of the
NHMRC established under the
Commonwealth Embryo Act.
(2) If an expression is defined in the Commonwealth
Embryo Act and is also used in this Act, the expression as
used in this Act has, unless the contrary intention
appears, the same meaning as in that Act.
Act binds Crown
5. This Act binds the Crown in right of Tasmania and, so
far as the legislative power of Parliament permits, in all
its other capacities.
5
s. 6 No. Human Embryonic Research Regulation 2003
PART 2 THE APPLIED PROVISIONS
Application of Commonwealth embryo laws to
Tasmania
6. (1) The Commonwealth embryo laws, as in force for the
time being and as modified by or under this Act, apply as a
law of Tasmania.
(2) Those Commonwealth embryo laws so apply as if
they extended to matters in relation to which Tasmania
may make laws
(a) whether or not the Commonwealth may make
laws in relation to those matters; and
(b) even though the Commonwealth embryo laws
provide that they apply only to specified
matters with respect to which the
Commonwealth may make laws.
Modification of Commonwealth embryo laws
7. (1) The Commonwealth embryo laws are modified for
the purposes of this Act by requiring a reference in section
26(2) or 41 of the Commonwealth Embryo Act to the
Prohibition of Human Cloning Act 2002 of the
Commonwealth to be read as including a reference to the
Human Cloning and Other Prohibited Practices Act 2003
of Tasmania.
(2) The regulations under this Act may also modify
the Commonwealth embryo laws for the purposes of this
Act.
(3) Without limiting subsection (2), the regulations
may provide that the Commonwealth embryo laws apply
6
2003 Human Embryonic Research Regulation No. s. 8
under section 6(1) as if an amendment to the
Commonwealth embryo laws
(a) made by a law of the Commonwealth; and
(b) specified in the regulations
had not taken effect.
Interpretation of Commonwealth embryo laws
8. (1) The Acts Interpretation Act 1901 of the
Commonwealth
(a) applies as a law of Tasmania in relation to the
interpretation of the applied provisions; and
(b) so applies as if the applied provisions were a
Commonwealth Act or were regulations or
other instruments under a Commonwealth
Act, as the case requires.
(2) The Acts Interpretation Act 1931 of Tasmania
does not apply to the applied provisions.
7
s. 9 No. Human Embryonic Research Regulation 2003
PART 3 FUNCTIONS AND POWERS UNDER
APPLIED PROVISIONS
Functions and powers of NHMRC Licensing
Committee and other bodies and officers
9. The NHMRC Licensing Committee, its Chairperson
and members and other bodies and officers referred to in
the applied provisions have the same functions and powers
under the applied provisions as they have under the
Commonwealth embryo laws, as those laws apply to the
Commonwealth.
Delegations
10. Any delegation by the NHMRC Licensing Committee
or by the Chairperson or any member of that Committee
under a provision of the Commonwealth Embryo Act is
taken to extend to, and have effect for the purposes of, the
corresponding provision of the applied provisions.
8
2003 Human Embryonic Research Regulation No. s. 11
PART 4 OFFENCES
Object of this Part
11. (1) The object of this Part is to further the object of
this Act by providing for an offence against the applied
provisions to be treated as if it were an offence against a
law of the Commonwealth.
(2) The purposes for which an offence is to be treated
as mentioned in subsection (1) include, for example (but
are not limited to)
(a) the investigation and prosecution of offences;
and
(b) the arrest, custody, bail, trial and conviction of
offenders or persons charged with offences;
and
(c) proceedings relating to a matter referred to in
paragraph (a) or (b); and
(d) appeals and reviews relating to criminal
proceedings and to proceedings of the kind
referred to in paragraph (c); and
(e) the sentencing, punishment and release of
persons convicted of offences; and
(f) fines, penalties and forfeitures; and
(g) liability to make reparation in connection with
offences; and
(h) proceeds of crime; and
(i) spent convictions.
9
s. 12 No. Human Embryonic Research Regulation 2003
Application of Commonwealth criminal laws to
offences against applied provisions
12. (1) The relevant Commonwealth laws apply as laws of
Tasmania in relation to an offence against the applied
provisions as if those provisions were a law of the
Commonwealth and not a law of Tasmania.
(2) For the purposes of a law of Tasmania, an offence
against the applied provisions
(a) is taken to be an offence against the laws of
the Commonwealth, in the same way as if
those provisions were a law of the
Commonwealth; and
(b) is taken not to be an offence against the laws
of Tasmania.
(3) Subsection (2) has effect for the purposes of a law
of Tasmania except as provided by the regulations under
this Act.
Functions and powers conferred on Commonwealth
officers and authorities relating to offences
13. (1) A Commonwealth law applying because of
section 12 that confers on a Commonwealth officer or
authority a function or power in relation to an offence
against a provision of the Commonwealth embryo laws
also confers on the officer or authority the same function
or power in relation to an offence against the
corresponding provision of the applied provisions.
(2) In performing a function or exercising a power
conferred by this section, the Commonwealth officer or
authority must act as nearly as practicable as the officer or
authority would act in performing or exercising the same
function or power in relation to an offence against the
10
2003 Human Embryonic Research Regulation No. s. 14
corresponding provision of the Commonwealth embryo
laws.
No double jeopardy for offences against applied
provisions
14. If
(a) an act or omission is both an offence against
the applied provisions and an offence against
the Commonwealth embryo laws; and
(b) the offender has been punished for that offence
under those Commonwealth laws
the offender is not liable to be punished for the offence
under the applied provisions.
11
s. 15 No. Human Embryonic Research Regulation 2003
PART 5 ADMINISTRATIVE LAWS
Application of Commonwealth administrative laws
to applied provisions
15. (1) The Commonwealth administrative laws apply as
laws of Tasmania to any matter arising in relation to the
applied provisions as if those provisions were a law of the
Commonwealth and not a law of Tasmania.
(2) For the purposes of a law of Tasmania, a matter
arising in relation to the applied provisions
(a) is taken to be a matter arising in relation to
the laws of the Commonwealth in the same
way as if those provisions were a law of the
Commonwealth; and
(b) is taken not to be a matter arising in relation
to the laws of Tasmania.
(3) Subsection (2) has effect for the purposes of a law
of Tasmania except as provided by the regulations under
this Act.
(4) Any provision of a Commonwealth
administrative law applying because of this section that
purports to confer jurisdiction on a federal court is taken
not to have that effect.
(5) For the purposes of this section, a reference in a
provision of the Administrative Appeals Tribunal Act 1975
of the Commonwealth (as that provision applies as a law of
Tasmania) to the whole or any part of Part IVA of that Act
is taken to be a reference to the whole or any part of that
Part as it has effect as a law of the Commonwealth.
12
2003 Human Embryonic Research Regulation No. s. 16
Functions and powers conferred on Commonwealth
officers and authorities
16. (1) A Commonwealth administrative law applying
because of section 15 that confers on a Commonwealth
officer or authority a function or power also confers on the
officer or authority the same function or power in relation
to a matter arising in relation to the applied provisions.
(2) In performing a function or exercising a power
conferred by this section, the Commonwealth officer or
authority must act as nearly as practicable as the officer or
authority would act in performing or exercising the same
function or power under the Commonwealth
administrative law.
13
s. 17 No. Human Embryonic Research Regulation 2003
PART 6 MISCELLANEOUS
Things done for multiple purposes
17. The validity of a licence, certificate or other thing
issued, given or done for the purposes of the applied
provisions is not affected only because it was issued, given
or done also for the purposes of the Commonwealth
embryo laws.
Reference in Commonwealth law to a provision of
another law
18. For the purposes of sections 12 and 15, a reference in
a Commonwealth law to a provision of that or another
Commonwealth law is taken to be a reference to that
provision as applying because of those sections.
Fees and other money
19. All fees, penalties, fines and other money that, under
the applied provisions, are authorised or directed to be
payable by or imposed on any person (but not including an
amount ordered to be refunded to another person) must be
paid to the Commonwealth.
Regulations
20. (1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are specified in the
regulations.
14
2003 Human Embryonic Research Regulation No. s. 21
(3) The regulations may authorise any matter to be
from time to time determined, applied or regulated by a
person specified in the regulations.
Review of Act
21. (1) The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and
whether the terms of the Act remain appropriate for
securing those objectives.
(2) The review is to be undertaken as soon as
possible after the period of 2 years from the date of Royal
Assent to this Act.
(3) A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after
the end of the period of 2 years.
(4) The Minister may undertake the review of this
Act at the same time as the review required by section 47
of the Research Involving Human Embryos Act 2002 of the
Commonwealth, in which case the report on the outcome of
the review of this Act is to be tabled in each House of
Parliament as soon as practicable after the Minister has
completed the review.
Administration of Act
22. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Health and Human Services;
and
15
s. 23 No. Human Embryonic Research Regulation 2003
(b) the department responsible to the Minister for
Health and Human Services in relation to the
administration of this Act is the Department of
Health and Human Services.
Federal Courts (State Jurisdiction) Act 1999
amended
23. Section 3 of the Federal Courts (State Jurisdiction) Act
1999 is amended by inserting after paragraph (c) in the
definition of "relevant State Act" the following paragraph:
(ca) Human Embryonic Research Regulation Act
2003;
16 Government Printer, Tasmania