HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 21

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 21

21 .         Code and directions, generally

                Without limiting the generality of section 14(1)(c), the Code, or directions, may make provision as to —

            (a)         the criteria by which the appropriateness of a proposed artificial fertilisation procedure is to be assessed; and

            (b)         the means of determining and evaluating the considerations which should or may be taken into account before an artificial fertilisation procedure is commenced, including the diagnostic procedures involved; and

            (c)         the method by which, and the extent to which, donors or prospective donors of human gametes, human eggs undergoing fertilisation or human embryos are to be assessed or selected; and

            (d)         the practice and procedures to be carried out in relation to the collection, keeping, use and disposal of human gametes, human eggs undergoing fertilisation or human embryos, or for securing that such eggs or embryos are in a suitable condition for implantation; and

            (e)         the responsibilities of persons carrying out any procedures to which this Act applies; and

            (f)         the establishment of a basis for determining questions as to the control of, and the power to deal with or dispose of, human gametes, human eggs undergoing fertilisation or human embryos; and

            (g)         the means of disposal, or prohibitions or restrictions in respect of the disposal, of human gametes, human eggs undergoing fertilisation or human embryos; and

            (h)         limitations to be placed on the use of human gametes, human eggs undergoing fertilisation or human embryos which may be donated by any one individual donor; and

                  (i)         the means of identifying, for the purposes of sections 24 and 26, the person or persons on behalf of whom any human gametes, human eggs undergoing fertilisation or human embryos are stored, kept for implantation or developed which, in accordance with consents given, may be —

                  (i)         a woman or man; or

                  (ii)         a couple who are married, or in a de facto relationship with each other whether they are different sexes or both female;

                and

            (j)         the circumstances in which any human egg undergoing fertilisation or human embryo derived from the use of reproductive technology shall be allowed to succumb; and

            (k)         what, for the purposes of this Act, may constitute an authorised diagnostic procedure in relation to any human egg undergoing fertilisation or human embryo or an approved project of research, or may be carried out or performed in any particular kind of research, and what shall not; and

            (m)         the assessment of applications seeking approval to carry out any project of research; and

            (n)         the requirement that prior approval of an Institutional Ethics Committee specified in, or ascertainable by reference to, those Rules, be a condition applicable to any particular practice, kind of practice or procedure or kind of procedure; and

            (o)         the making, retention and confidentiality of records; and

            (p)         such other matters relating to the practice of reproductive technology as may be specified in, or are required by or to be carried out or determined in accordance with, the regulations.

        [Section 21 amended: No. 3 of 2002 s. 73; No. 17 of 2004 s. 15.]