Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 165

PART 13 REGULATIONS

Regulations

165. Regulations



(1) The Governor in Council may make regulations for or with respect to any of
the following-

   (a)  forms for notices or other documents required under this Act;

   (b)  fees, other than fees fixed by the Authority-

   (i)  for the purposes of this Act; or

   (ii) payable in relation to applications for information made under the
        regulations;

   (c)  the terms and conditions to be included in licences (other than
        licences to undertake approved research) and approvals under this Act;

   (d)  the giving of information for inclusion in records and registers
        required or permitted to be kept, and notices required or permitted to
        be given, under this Act;

   (e)  if counselling is required by this Act, the matters which it must
        address and the form it must take;

   (f)  the giving of information and the keeping of records for the purposes
        of this Act;

   (g)  limiting, in so far as it is not already provided for in the Act, the
        persons to whom, conditions under which, and circumstances in which
        information may be given;

   (h)  specifying, in so far as it is not already provided for in the Act,
        the conditions under which, and circumstances in which an application
        may be made for the giving of information (other than information from
        which a person will or may be identified), and when such information
        must, or must not, or may be given;

        (i)    specifying, in so far as it is not already provided for in the
               Act, the conditions under which, and circumstances in which
               information (other than information from which a person will or
               may be identified) may be given under section 90;

   (j)  specifying, in so far as it is not already provided for in the Act,
        the conditions under which, and circumstances in which applications
        may be made for the giving of information which will or may identify a
        person, and when such information may, or must, be given with that
        person's consent, or when it must not be given;

   (k)  prescribing persons or places where consents or objections or
        withdrawals of consents or objections under this Act are to be lodged;

   (l)  the disposal of embryos removed from storage;



   (m)  the manner of the recording of information in registers and the nature
        of information to be so recorded;

   (n)  the manner of giving notice of birth to the Authority and the nature
        of the information to be given in the notice;

   (o)  the manner of keeping the central register, and the register under
        section 82;





   (p)  specifying, in so far as it is not already provided for in the Act,
        requirements regarding-

   (i)  the transfer of information relating to a gamete or embryo which has
        been or is to be transferred from one place to another place; and

   (ii) the obtaining, keeping of and forwarding of consents, objections or
        the withdrawal of consents or objections or of certified copies of
        such documents (including, but not limited to, the circumstances where
        a consent, objection or withdrawal of a consent or objection relates
        to more than one gamete or embryo or activity or procedure); and

   (iii) the retaining of copies of consents, objections, or the withdrawals
        of consents or objections, and the certification of such documents;
        and

   (iv) specifying, to the extent not already provided for in this Act,
        requirements regarding the obtaining, keeping or transferring of
        consents or withdrawals of consents made under the Infertility
        (Medical Procedures) Act 1984, or other consents or withdrawals of
        consents in relation to a procedure, research, or a gamete or embryo
        made prior to the repeal of that Act or of a provision of that Act;

* * * * *





   (r)  for the purposes of section 181, to-

   (i)  prescribe circumstances in which sections 62, 63, 64, 65 and 66 are
        not to apply to a matter, procedure, research, person or thing; and

   (ii) provide alternative powers, functions or duties in such circumstances;

   (s)  penalties, not exceeding 20 penalty units, for breaches of the
        regulations;

   (t)  generally prescribing any matter or thing required or permitted by
        this Act to be prescribed or necessary to be prescribed to give effect
        to this Act.

(2) The regulations-

   (a)  may be of general or limited application; and

   (b)  may differ according to differences in time, place and circumstance;
        and

   (c)  may confer a discretionary authority or impose a duty on, or leave any
        matter or thing to be determined or approved by, a specified person or
        class of persons; and

   (d)  may apply, adopt or incorporate any matter contained in any document,
        code, standard, rule, specification, or method, formulated, issued,
        prescribed or published by any person whether-

   (i)  wholly or partially or as amended by the regulations; or

   (ii) as formulated, issued, prescribed or published at the time the
        regulations are made or at any time before them; or

   (iii) as formulated, issued, prescribed or published from time to time.
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