HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 39

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 39

39 .         Matters that may be subject of disciplinary action

        [(1)         deleted]

        (2)         It may be a cause for disciplinary action if —

            (a)         any reproductive technology practice, or any procedure authorised under a licence or exemption, is not properly conducted or carried out in accordance with the licence or that exemption; or

            (b)         a person to whom the licence applies has contravened a requirement of this Act, a term or condition of that licence or any direction; or

            (c)         a licensee has contravened a term or condition applicable to an exemption; or

            (d)         a person to whom the licence applies has been convicted of —

                  (i)         an offence under this Act; or

                  (ii)         an offence under the Health (Miscellaneous Provisions) Act 1911 or the Public Health Act 2016 in relation to the conduct of the reproductive technology practice or premises to which the licence or exemption relates; or

                  (iii)         an offence in the State or elsewhere that implies that the person is unfit to be a licensee;

                or

            (e)         a licensee at a material time employed or engaged, in relation to the practice carried on under the licence or exemption, a person who in the course of that practice committed any offence of a kind to which paragraph (d) refers and of which that person was convicted; or

            (f)         the person to whom the licence applies, or any person holding a position of authority in a body that holds a licence or who has a material interest in a reproductive technology practice, is or becomes not a fit and proper person to hold that position or to be so interested; or

            (g)         activities conducted under the licence or on the premises to which this licence relates are jeopardizing public health, and the continuation of the licence or exemption would not be in the public interest; or

            (h)         the premises to which the licence relates, or other circumstances material to the conduct of the practice authorised, are no longer suitable for the research or procedures authorised under the licence or exemption; or

            (j)         information given for the purposes of this Act by or on behalf of the licensee was in any material respect false or misleading; or

            (k)         information which this Act requires to be kept confidential is not so kept; or

            (m)         the safety, health or welfare of persons who resort to a reproductive technology practice as participants or prospective participants is endangered by an act or neglect of the licensee; or

            (n)         an order made under section 40 in respect of a determination previously made under section 37 or by the State Administrative Tribunal in proceedings commenced under section 38 has been contravened.

        [Section 39 amended: No. 55 of 2004 s. 532; No. 19 of 2016 s. 159 and 297.]