HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 30

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 30

30 .         Interim authorisations and transitional directions

        (1)         Where a person who claims to be entitled to carry on the activities carried on, or formerly carried on, by a particular licensee but who would not otherwise be authorised under this Act —

            (a)         applies to the CEO for approval so to carry on; and

            (b)         the CEO is satisfied that —

                  (i)         by reason of death, insolvency or other sufficient cause the licensee is unable or unwilling to carry on those activities, and the person has a claim or an entitlement to an interest in the licensed activities; and

                  (ii)         there is nothing that would have precluded the grant of a licence of the same kind to that person,

                the CEO may cause the name of that person to be endorsed on the licence, if that person then proposes to apply for a licence to carry on thereafter those activities or any of them.

        (2)         The endorsement of the name of a person on a licence under subsection (1) authorises that person to carry on the activities to which the licence relates until —

            (a)         an application for a licence made by that person in respect of those activities has been determined; or

            (b)         by notice in writing given by the CEO to that person, the authorisation conferred by the endorsement is cancelled; or

            (c)         the expiry of a period of 12 months,

                whichever first occurs.

        (3)         Where a licensee dies, or being a body corporate ceases to carry on licensed activities, and an individual who is a person to whom the licence applied does any act which that individual would have been authorised to do if the licensee had continued to carry on those activities that act shall be treated as authorised by the licence, until directions terminating the authorisation take effect.

        (4)         Where a licence has been varied or has ceased to have effect, or is to be varied or cease to have effect, directions may be given for the purpose of securing the continued discharge of the functions of the licence supervisor under that licence and, in particular, may —

            (a)         require any human gametes, a human egg undergoing fertilisation or a human embryo or other thing kept or record held under that licence, or information available to a person to whom that licence applied, to be transferred to the CEO or any other person; or

            (b)         provide for the discharge of the duties in question by any other person, and authorise the carrying on of the practice licensed and the exercise of powers by or under the supervision of any other person, if that other person consents.

        (5)         For the purposes of the giving under this section of any direction to “a person to whom the licence applies”, a licence which is varied or ceases to have effect shall be deemed to continue to be applicable to the person to whom the direction is given.

        [Section 30 amended: No. 17 of 2004 s. 25; No. 55 of 2004 s. 540; No. 28 of 2006 s. 270.]