HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 5
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 5
5 . Administration of this Act
(1) Subject to the
Minister, the administration of this Act is vested in the CEO who —
(a)
shall be responsible for the implementation of the licensing system set out in
Part 4; and
(b) may
give directions to licensees.
(2) The Western
Australian Reproductive Technology Council established under section 8 shall
—
(a)
compile the Code of Practice; and
(b)
advise the Minister, generally; and
(c)
advise the CEO on licensing and disciplinary matters,
but shall give effect
to instructions given by the Minister under section 12(3) and, if the CEO is
empowered under section 13 to discharge functions of the Council, shall assist
the CEO in so doing.
(3) The Code of
Practice shall be compiled and implemented in accordance with Part 3.
(4) Regulations made
under this Act shall have effect notwithstanding any inconsistency with the
Code of Practice, but the Minister shall not recommend the making of
regulations in relation to any matter in respect of which a Rule is, or could
be, made under the Code unless, in the opinion of the Minister —
(a) the
making of the regulation is necessary to ensure the coming into operation of a
provision which is required to have effect sooner than the procedure set out
in section 16 would permit; or
(b) the
regulation is required for the purposes of section 13(2).
(5) Directions given
by the CEO shall have effect, except to the extent of any inconsistency with
the regulations or the Code, in accordance with section 31.
(6) A report on the
use of human reproductive technology in the State during the preceding
financial year shall be furnished annually by the Council to the CEO who shall
thereafter submit the annual report required by clause 11 of the Schedule to
the Minister who shall, within 14 sitting days after the submission of that
report, cause copies of it to be laid before each House of Parliament.
(7) For parliamentary
purposes, and for the conduct of the public business of the Minister, the
Minister is entitled —
(a) to
be furnished by the CEO and the Council with —
(i)
any report concerning the activities or proceedings of
the CEO, the Council or the committees of the Council; and
(ii)
all information in their respective possession,
as the Minister may
from time to time require; and
(b) to
have, and to retain copies of, any record required to be kept, or kept, under
this Act, or under any order or resolution of either House of Parliament in
relation to this Act,
but the Minister shall
ensure that the confidentiality of any record or other information to which
this Act applies is not thereby prejudiced.
(8) For the purposes
of subsection (7), the Minister may —
(a)
request the CEO or the Council to furnish, or to give the Minister access to,
information, and to supply records; and
(b) make
use of the services of any staff of the CEO or of the Council, or of any other
person engaged in the administration or enforcement of this Act, for the
purposes of obtaining access to information or copies of records,
and the Executive
Officer is authorised to ensure compliance with any requirement of the
Minister made under this section.
(9) In this section
—
information means —
(a) any
record relating to the functions of the CEO or the Council;
(b) any
other document or information which relates to the CEO or the Council or to
reproductive technology which is in the custody or control of the CEO or of
the Council and is specified, or of a description specified, by the Minister;
parliamentary purposes means the purpose of
—
(a)
answering a question asked in a House of Parliament; or
(b)
complying with a written law, or an order or resolution of a House of
Parliament, that requires information to be furnished to a House of
Parliament;
record includes any data that is compiled,
recorded, encoded or stored, and any film, tape, disc or other device or
medium on which it can or may be found.
[Section 5 amended: No. 28 of 2006 s. 270.]