Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
section 13(2), the functions of the Council are —
(a) to
advise the Minister —
(i)
on reproductive technology and any matter that is
connected with, or incidental to, reproductive technology; and
(ii)
generally, as to the administration and enforcement of
this Act;
(b) to
advise the CEO —
(i)
on matters relating to licensing under this Act,
including but not limited to the suitability of any applicant for a licence or
of any licensee to carry out particular procedures or approved research and as
to the conditions that should be imposed on any licence; and
(ii)
generally as to the administration and enforcement of
this Act and particularly on disciplinary matters;
(c)
after consultation with bodies representing persons having relevant expertise
or sections of the public having appropriate interests, to compile and to
cause to be published, to review, and to amend, a Code of Practice
which —
(i)
sets out Rules, guidelines and relevant information;
(ii)
establishes the ethical standards required of licensees,
and gives effect to the principles specified in, and the requirements of, this
Act; and
(iii)
provides for such other matters as may be instructed by
the Minister, or as the Council may determine,
regulating the proper
conduct of any reproductive technology practice, and of any procedure,
required to be licensed and the proper discharge of the functions of the
licence supervisor and other persons to whom a licence applies, having due
regard to this Act;
(d)
subject to paragraph (e), to encourage and facilitate,
research —
(i)
into the cause, prevention and treatment of all types of
human infertility, adequate attention being given both to female and to male
infertility; and
(ii)
as to the social and public health implications of
reproductive technology;
(e) to
ensure that no project of research is carried out by or on behalf of a
licensee upon or with —
(i)
any human egg collected in the course of an in vitro
fertilisation procedure;
(ii)
human gametes intended for subsequent use in an
artificial fertilisation procedure;
(iii)
any human egg undergoing fertilisation;
(iv)
any human embryo; or
(v)
any participant,
otherwise than in
accordance with this Act and pursuant to a general or specific prior approval
given by the Council;
(f) to
consider applications for, and where proper grant, approval to carry out
research to which paragraph (e) applies;
(g) to
promote informed public debate, and to consult with bodies representing the
public or sections of the public, on the ethical, social, economic and public
health issues that arise from reproductive technology;
(h) to
communicate and collaborate with other bodies having similar functions, in
Australia and elsewhere,
and, generally, to
give effect or to cause effect to be given to the objects of this Act.
(2)
Subsection (1)(e)(iv) does not apply in relation to an excess ART embryo
except in relation to the use of such an embryo that is an exempt use as
defined in section 53W(2).
(2a) The Council must
not grant approval to any research being conducted upon or with a human embryo
unless —
(a) the
embryo is intended for use in the reproductive technology treatment of a woman
and the Council is satisfied, on the basis of existing scientific and medical
knowledge, that the research is unlikely to leave the embryo unfit to be
implanted in the body of a woman; or
(b) the
research consists of a use referred to in section 53W(2)(b) or (f).
(2b) The Council must
not grant approval to any diagnostic procedure to be carried out upon or with
a human embryo unless —
(a) the
embryo is intended for use in the reproductive technology treatment of a woman
and the Council is satisfied, on the basis of existing scientific and medical
knowledge, that —
(i)
the diagnostic procedure is unlikely to leave the embryo
unfit to be implanted in the body of a woman; and
(ii)
where the diagnostic procedure is for the genetic testing
of the embryo, there is a significant risk of a serious genetic abnormality or
disease being present in the embryo;
or
(b) the
diagnostic procedure consists of a use referred to in section 53W(2)(d)
or (f).
(3) Where a person
contravenes —
(a) any
provision of, or requirement under, this Act, not being a direction; or
(b) any
direction given by the CEO, being a direction which is consistent with the
Code or is not inconsistent with —
(i)
ethical guidelines laid down by the NHMRC, as for the
time being prescribed;
(ii)
criteria established by a body referred to in
section 29(5)(a)(i) or (ii), as for the time being prescribed; or
(iii)
a provision of, or any principle set out in, or
requirement under, this Act, as from time to time amended,
the Council shall
endeavour to ensure that effect is given to that provision, requirement or
direction.
[Section 14 amended by No. 17 of 2004
s. 11; No. 55 of 2004 s. 523; No. 28 of 2006 s. 270.]