Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 21I

Determination of application by Committee

21I. Determination of application by Committee



(1) This section applies if a person has made an application under section 21H
for a licence.

(2) The NHMRC Licensing Committee must decide, in accordance with this
section, whether or not to issue the licence.

(3) The NHMRC Licensing Committee must not issue the licence unless it is
satisfied of the following-

   (a)  that appropriate protocols are in place-

   (i)  to enable proper consent to be obtained before an excess ART embryo or
        human egg is used, or other embryo is created or used under the
        licence; and

   (ii) to enable compliance with any restrictions on such consent;

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   (c)  that the activity or project proposed in the application has been
        assessed and approved by a HREC that is constituted in accordance
        with, and acting in compliance with, the NHMRC National Statement on
        Ethical Conduct in Research Involving Humans (1999), as in force from
        time to time.

(4) In deciding whether to issue the licence, the NHMRC Licensing Committee
must have regard to the following-

   (a)  restricting the number of excess ART embryos, other embryos or human
        eggs to that likely to be necessary to achieve the goals of the
        activity or project proposed in the application;

   (b)  the likelihood of significant advance in knowledge or improvement in
        technologies for treatment as a result of the use of excess ART
        embryos or human eggs, or the creation or use of other embryos,
        proposed in the application, which could not reasonably be achieved by
        other means;

   (c)  any relevant guidelines, or relevant parts of guidelines, issued by
        the NHMRC under the
        National Health and Medical Research Council Act 1992 of the
        Commonwealth and prescribed by the regulations under the Commonwealth
        Act for the purposes of section 21(4)(c) of that Act;

   (d)  the HREC assessment of the application mentioned in subsection (3)(c);

   (e)  such additional matters (if any) as are prescribed by the regulations.