Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every licence and
every exemption shall at all times be subject to the general condition that
the ethics and practices that should govern, and the procedures to be used in,
the conduct of reproductive technology in so far as they —
(a) are
for the time being set out in —
(i)
the Code; or
(ii)
where no relevant Rule has been brought into operation,
directions;
and
(b) are
applicable to —
(i)
every licence or exemption;
(ii)
a licence or exemption of that kind; or
(iii)
that licence or exemption, specifically,
are to be observed by
the licensee in relation to the reproductive technology practice carried on by
the licensee.
(2) Every licence
granted or exemption issued under this Part is subject to the
conditions —
(a) that
the practice authorised thereby shall be carried on —
(i)
under the supervision of the licence supervisor;
(ii)
only on the premises to which the licence or exemption
relates; and
(iii)
in accordance with this Act and the terms, conditions and
directions applicable,
but in no other
manner;
(b) that
any authorised officer, on production if so required of the certificate issued
under section 59 or other identification as such, shall be permitted to
enter the premises to which the licence or exemption relates and inspect them,
including any equipment or records, to observe any procedure and to take
account of any human gametes, a human egg undergoing fertilisation or a human
embryo, there;
(c) that
every participant to be treated has been given a suitable opportunity to
receive proper counselling about the implications of the treatment and has
been provided with such relevant information as is proper;
(d) that
the requirements of this Act as to the obtaining and recording of effective
consents be complied with;
(e) that
section 22(1) is complied with;
(ea)
that the licensee maintains the accreditation required by
section 29(5)(a);
(f) that
proper records in relation to the practice, procedures and participants be
maintained, in such manner and form and including such information about such
matters as this Act or the terms or conditions of the licence or exemption may
require or the CEO may by directions specify;
(g)
that, where any human gametes, a human egg undergoing fertilisation or a human
embryo is supplied to a person to whom another licence applies, that person
shall be provided with such information additional to that otherwise required
as the CEO may by directions specify;
(h) that
the CEO shall be provided, in such form and at such times as directions may
specify, with such copies of or extracts from records to which this Act
relates, or other information for the purposes of this Act, as the CEO may by
directions specify; and
(j) that
no information shall be removed from any records maintained under the licence
or exemption before the expiry of such period as may be prescribed for records
of that kind, except with the written approval of the CEO.
(3) Every storage
licence is subject to the conditions —
(a) that
human gametes, a human egg undergoing fertilisation or a human embryo shall be
stored only if received or acquired from —
(i)
a person to whom a licence applies; or
(ii)
a person who satisfies the licensee that they can give an
effective consent to that storage;
(b) that
a human egg undergoing fertilisation or a human embryo the development of
which was brought about by an in vitro fertilisation procedure, otherwise than
under the authorisation conferred by a practice licence held by the same
licensee, shall be stored only if received or acquired from —
(i)
another person to whom a licence applies; or
(ii)
a person who satisfies the licensee that they can give an
effective consent to that storage;
(c) that
human gametes, human eggs undergoing fertilisation or human embryos which are
or have been stored shall not be supplied to a person unless that person is a
person to whom a licence or an exemption applies, or the supply has been
otherwise authorised under this Act; and
(d) that
no human gametes, human egg undergoing fertilisation or human embryo shall be
stored for longer than this Act authorises.
[Section 33 amended by No. 17 of 2004
s. 27; No. 55 of 2004 s. 527; No. 28 of 2006 s. 270(2).]