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HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 60

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 60

60 .         Regulations, and subsidiary legislation generally

        (1)         The Governor, on the recommendation of the Minister, may make regulations prescribing all matters that are required or permitted by this Act to be dealt with by the Code or to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act.

        (2)         Regulations made under this section may prescribe offences, and a penalty for any contravention of those regulations which shall —

            (a)         in the case of a contravention relating to any offence that is also prohibited by the Code of Practice, not exceed $5 000; and

            (b)         in any other case, not exceed $2 500.

        (3)         For the purpose of any Rule the Council by a resolution may, and in and for the purposes of any direction the CEO may, approve or adopt, with or without modification but subject to subsection (4), a text or any requirement imposed, issued or approved elsewhere.

        (4)         Where subsidiary legislation under this Act includes or refers to any text or requirement (including any criteria, standard, specification, formula or other means of conveying detailed information) which is approved or adopted, with or without modification, under subsection (3) that legislation has effect —

            (a)         as if the text or the requirement identified by reference to the person or body from which it originated (being the text or requirement at the date of its approval or adoption or as may otherwise be specified, unless it is specified that the text or requirement applicable shall be that as from time to time amended) were set out in full; and

            (b)         where the text or requirement is to apply as from time to time amended, as if any modification determined by the Council or the CEO at the time the text or requirement was approved or adopted (unless the modification itself is later amended under this Act) prevailed over any subsequent amendment to that text or requirement made by the originating person or body that is inconsistent with the modification.

        [Section 60 amended: No. 28 of 2006 s. 270(2).]