HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 29
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 29
29 . Applications, generally
(1) An application for
a licence or exemption shall be —
(a) made
in the first instance to the CEO, in writing, and, if a form or manner of
making an application of that kind is prescribed, as prescribed; and
(b)
accompanied by the prescribed fee, if any; and
(c)
supported by such further or other information as the CEO may in a particular
case require.
(2) The CEO, or a
person authorised by the CEO, may cause an investigation or inquiry to be made
into the background and antecedents of an applicant, or of any person who
occupies a position of authority in a body which is an applicant, or who would
become a person to whom the licence applies, or who may be directly materially
interested in the reproductive technology practice to be carried on under the
proposed licence or exemption.
(3) Where the CEO is
of the opinion that the information provided in relation to the application is
insufficient to enable him or her to determine the application, the CEO need
not consider the application until the applicant has provided such further
information as the CEO requires.
(4) The CEO shall not
grant a licence or issue an exemption to a person, or to a body corporate of
which a person who occupies a position of authority in that body is a person,
or to a body of persons where a member of that body is a person, who —
(a) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or a person
whose affairs are under insolvency laws; or
(b)
being a body corporate, is under receivership or official management or is in
liquidation; or
(c) is
disqualified from holding a licence, or holds a licence which is suspended.
(5) A licence shall
not be granted to an applicant, and a licence shall not be renewed in favour
of an existing holder, unless the CEO is satisfied —
(a) that
every person who would become a person to whom the licence applies is, for the
purposes of this Act, a fit and proper person; and
(aa)
that the applicant is accredited to carry out reproductive technology by
—
(i)
the Reproductive Technology Accreditation Committee of
the Fertility Society of Australia; or
(ii)
if the regulations prescribe another body or other bodies
in addition to, or instead of, the body mentioned in paragraph (a), that other
body or any of those other bodies, as the case requires;
and
(b) that
adequate and appropriate premises, equipment, staff, supervision, support
services and facilities are available, and are likely to remain available, for
the purposes to which the licence relates; and
(c) that
the licence is needed to fulfil a genuine social need.
(6) In relation to any
application for the grant or renewal of a licence the applicant —
(a) may
be required to satisfy the CEO —
(i)
if the applicant is a body of persons or a body
corporate, that any person who occupies a position of authority in that body
is for the purpose of this Act a fit and proper person to occupy that
position;
(ii)
that any person who has a material interest in the
reproductive technology practice to be carried on under the licence is a fit
and proper person to have that interest;
(iii)
if the application is made on behalf of a body of persons
associated together, as to the nature of their common interest;
and
(b)
shall be required to satisfy the CEO as to —
(i)
the character, qualifications and experience of the
individual who is to be the licence supervisor; and
(ii)
the manner in which any person who would under the
proposed licence be a person to whom the Act applies has in the past observed
the requirements of this Act; and
(iii)
matters relating to the counselling of participants and
the obtaining of an informed and effective consent; and
(iv)
the compilation, safe keeping, retention, storage and
confidentiality of records.
(7) An application
—
(a) may
be refused, even if the applicant meets all the requirements of this Act; or
(b) may
be granted, if there is evidence of substantial compliance with this Act, even
if the application does not comply entirely with the requirements of this Act,
and shall be dealt
with on its merits, after such inquiry as the CEO thinks fit, in a manner that
the CEO considers to be in the public interest.
(8) Where the CEO
waives or modifies any requirement for formal compliance with any procedure
relating to an application, conditions may be imposed in relation to that
waiver or modification.
[Section 29 amended: No. 17 of 2004 s. 24; No. 55
of 2004 s. 525 and 540; No. 28 of 2006 s. 270; No. 8 of 2009 s. 76; No. 18 of
2009 s. 44(2).]