Western Australian Consolidated Acts

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 53ZB

53ZB .         Determination of application by Committee

        (1)         This section applies if a person has made an application under section 53ZA for a licence.

        (2)         The NHMRC Licensing Committee must decide, in accordance with this section, whether or not to issue the licence.

        (3)         The NHMRC Licensing Committee must not issue the licence unless it is satisfied of the following —

            (a)         that appropriate protocols are in place —

                  (i)         to enable proper consent to be obtained before an excess ART embryo is used under the licence (see section 53ZE(1)(a)); and

                  (ii)         to enable compliance with any restrictions on such consent;

        [(b)         expired 5 Apr 2005 (see s. 53ZV)]

            (c)         that the activity or project proposed in the application has been assessed and approved by a HREC that is constituted in accordance with, and acting in compliance with, the NHMRC National Statement on Ethical Conduct in Research Involving Humans (1999), as in force from time to time.

        (4)         In deciding whether to issue the licence, the NHMRC Licensing Committee must have regard to the following —

            (a)         restricting the number of excess ART embryos to that likely to be necessary to achieve the goals of the activity or project proposed in the application;

            (b)         the likelihood of significant advance in knowledge or improvement in technologies for treatment as a result of the use of excess ART embryos proposed in the application, which could not reasonably be achieved by other means;

            (c)         any relevant guidelines, or relevant parts of guidelines, issued by the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the Commonwealth Human Embryo regulations for the purposes of section 21(4)(c) of the Commonwealth Human Embryo Act;

            (d)         the HREC assessment of the application mentioned in subsection (3)(c);

            (e)         such additional matters (if any) as are prescribed by the Commonwealth Human Embryo regulations for the purposes of section 21(4)(e) of the Commonwealth Human Embryo Act.

        [Section 53ZB inserted by No. 17 of 2004 s. 36.]