HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 13
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 13
13 . Powers, and relationship to Council, of CEO
(1) The CEO may at any
time require the Council to advise on reproductive technology matters, on the
evaluation or monitoring of licensee compliance with the regulations, any
directions, and the Code of Practice, on public education, on the compilation
of the reports to be furnished under this Act, or on the administration or
enforcement of this Act, and the Council shall, as soon as is practicable,
furnish that advice.
(2) Where —
(a) a
decision relevant to a function of the Council is, in the opinion of the CEO
having regard to the objects of this Act, required to be taken in the
interests of public health; and
(b) that
decision has not been, and in the opinion of the CEO is not likely promptly to
be, taken by the Council and the CEO has so informed the Minister; and
(c) the
CEO has, by instrument in writing signed personally by the Minister, been
required to consider and if appropriate to take that decision; and
(d) the
CEO has thereafter made known to the Council the decision which the CEO has
taken and any requirements made of the Council as to the discharge of the
function in question; and
(e) the
function is not thereafter, in the opinion of the Minister, properly
discharged by the Council,
the CEO may, if so
instructed by the Minister, thereafter discharge that function as though a
delegate of the Council specifically authorised to do so, and any reference in
this Act to a function of the Council may for the purposes of this subsection
be construed as including a reference to the CEO so acting as delegate.
(3) Any question
arising between the Council, or any committee or member, and the CEO as to the
operation of this section, or as to a conflict between instructions given by
the Minister and requirements made known by the CEO respectively, shall be
addressed to, and having regard to the objects of this Act may be determined
by, the Minister.
(4) Subject to
subsection (5), the CEO may, by an instrument in writing signed personally,
delegate to a person who is an officer of, or who carries out duties in, the
Department as defined in section 3 of the
Health Legislation Administration Act 1984 , either generally or as otherwise
provided by that instrument, any function in the administration of this Act
vested in or required to be discharged by the CEO.
(5) Subsection (4)
does not apply to or in relation to —
(a) the
power to take a decision required under subsection (2)(c); or
(b) the
power to license; or
(c) any
disciplinary function referred to in section 37 or 38; or
(d) any
other function in relation to which the Minister otherwise directs.
(6) Where —
(a) a
requirement under this section is made known by the CEO to the Council; or
(b) the
CEO has been required to exercise any power under subsection (2)(c),
the CEO shall include
in the annual report to be submitted to the Minister the text of that
requirement, particulars as to the function to which the requirement related
and as to the manner in which the power under subsection (2)(c) and any
function thereby effected was discharged or purported to have been discharged,
and any reason given to the Council for the requirement or for the discharge
of the function, and shall include in relation to such matters such
information as the Council may request that is contained in the report
required to be furnished by the Council.
(7) Subject to
sections 31 and 32, the CEO may impose conditions and give directions in
relation to any licence or exemption.
(8) In the discharge
of any function, or in imposing any condition, and in giving any direction
under this Act the CEO shall, where practicable and requested, afford to an
applicant or licensee reasons for any determination which may be made in
relation to that person and a reasonable opportunity to show cause why the
determination should not be given effect.
[Section 13 amended: No. 28 of 2006 s. 267 and
270.]