Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 21L

Licence is subject to conditions

21L. Licence is subject to conditions





(1) A licence is subject to the condition that before an excess ART embryo or
human egg is used, or any other embryo is created or used, as authorised by
the licence-

   (a)  each responsible person in relation to the excess ART embryo, human
        egg or other embryo must have given proper consent to that use; and

   (b)  the licence holder must have reported in writing to the NHMRC
        Licensing Committee that such consent has been obtained, and any
        restrictions to which the consent is subject; and



* * * * *





(2) A licence is subject to the condition that the use of an excess ART embryo
or human egg, or the creation or use of any other embryo, must be in
accordance with any restrictions to which the proper consent under subsection
(1) is subject.



* * * * *





(4) A licence is subject to such other conditions as are specified in the
licence.

(5) The conditions specified in the licence may include, but are not limited
to, conditions relating to the following-

   (a)  the persons authorised by the licence to use excess ART embryos or
        human eggs, or to create or use other embryos;

   (b)  the number of excess ART embryos or human eggs authorised to be used
        under the licence, or the number of other embryos authorised to be
        created or used under the licence;

   (c)  reporting;

   (d)  monitoring;

   (e)  information to be given by the licence holder to persons authorised by
        the licence to use excess ART embryos or human eggs, or to create or
        use other embryos.

(6) The licence conditions set out in subsections (1), (2) and (3) apply to
all persons who are authorised by the licence to use excess ART embryos or
human eggs, or to create or use other embryos.

(7) Licence conditions specified in the licence apply to-

   (a)  the licence holder; and

   (b)  such other persons authorised by the licence to use excess ART embryos
        or human eggs, or to create or use other embryos, as are specified in
        the licence.

(8) For the purposes of applying the condition referred to in subsection
(1)(a)-

   (a)  a licence may provide that the guidelines referred to in the
        definition of proper consent apply in a modified form in relation to
        the use, under the licence, of excess ART embryos that are unsuitable
        for implantation; and





   (b)  if a licence so provides, the guidelines as modified by the licence
        have effect in relation to the giving of consent for such creation or
        use.

Example The guidelines could apply to a particular licence in a modified form,
to alter the cooling-off period required in relation to the use of excess ART
embryos that are unsuitable for implantation.