{"id":"prohibition-of-human-cloning-for-reproduction-regulations-2018","name":"Prohibition of Human Cloning for Reproduction Regulations 2018","slug":"prohibition-of-human-cloning-for-reproduction-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236790,"registerId":"sa-prohibition-of-human-cloning-for-reproduction-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prohibition of Human Cloning for Reproduction Regulations 2018","content":"South Australia\nProhibition of Human Cloning for Reproduction Regulations 2018\nunder the Prohibition of Human Cloning for Reproduction Act 2003\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tApplications for warrants (section 20(7) of Act)\n5\tCompensation for damage (section 23(2) of Act)\nSchedule 1—Revocation of Prohibition of Human Cloning for Reproduction Regulations 2003\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Prohibition of Human Cloning for Reproduction Regulations 2018.\n2—Commencement\nThese regulations will come into operation on 1 September 2018.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Prohibition of Human Cloning for Reproduction Act 2003.\n4—Applications for warrants (section 20(7) of Act)\n\t(1)\tThe grounds of an application for a warrant under section 20 of the Act made personally must be verified by affidavit.\n\t(2)\tAn application for a warrant cannot be made by telephone unless, in the opinion of the applicant, a warrant is urgently required and there is not enough time to make the application personally.\n\t(3)\tIf an application for a warrant is made by telephone—\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(c)\tif it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the magistrate; and\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n\t(4)\tA magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.\n5—Compensation for damage (section 23(2) of Act)\n\t(1)\tAny compensation under section 23(1) of the Act is payable by the Minister.\n\t(2)\tA person seeking compensation must make application to the Minister in a manner and form determined by the Minister.\n\t(3)\tThe Minister may require that an applicant provide such information as may be determined by the Minister in order to substantiate a claim for compensation, and that that information be verified by affidavit.\nSchedule 1—Revocation of Prohibition of Human Cloning for Reproduction Regulations 2003\nThe Prohibition of Human Cloning for Reproduction Regulations 2003 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2018\n194\nGazette 2.8.2018 p3011 \n1.9.2018: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations revoke the 2003 Regulations (Schedule 1) and replace them with updated procedural rules. They do not alter the substantive prohibitions in the parent Act, but they change administrative procedure: they require affidavit verification for warrant applications, define an urgent telephone warrant process and filing requirements with the Magistrates Court (regulation 4), assign payment of compensation to the Minister and give the Minister power to determine application form and required evidential material (regulation 5)."},"complexity_factors":["Short instrument with few provisions (five clauses and a schedule)","Procedural detail for warrants including affidavit verification and an urgent telephone procedure (regulation 4)","Filing requirement with the Magistrates Court for warrants and affidavits (regulation 4(4))","Ministerial discretion to set application form and require supporting information and affidavits for compensation claims (regulation 5(2)–(3))","Cross-reference dependence on substantive powers in the parent Act (sections 20 and 23 of the Act)","Revocation of the prior 2003 regulations (Schedule 1) — replacement rather than substantive amendment of the Act"],"plain_english_summary":"These regulations set procedural rules under the Prohibition of Human Cloning for Reproduction Act 2003: how warrant applications are verified and processed (including an urgent telephone procedure), how compensation claims for damage are made and paid, and they revoke the 2003 regulations. They take effect 1 September 2018. They affect magistrates, people applying for warrants, anyone claiming compensation, and the Minister (who pays and prescribes claim forms and required evidence)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the text of the legislation was not successfully retrieved. No substantive content was available to compare against any original intent."},"complexity_factors":["No actual legislative text was retrievable — a '404 Page Not Found' error was returned instead of the instrument","Complexity cannot be properly assessed without the substantive content of the regulations","Score of 2 reflects minimum baseline: the subject matter (human cloning prohibition) is known to involve technical scientific and bioethical definitions, but the specific regulatory content here is unavailable for analysis"],"plain_english_summary":"The Prohibition of Human Cloning for Reproduction Regulations 2018 (SA) would be a South Australian subordinate instrument banning the creation and implantation of cloned human embryos for reproductive purposes. It targets researchers, fertility clinics, IVF practitioners and biotech firms operating in SA and matters because it criminalises reproductive cloning and enforces serious penalties to prevent misuse of embryo‑creation technologies."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing procedural machinery for warrant applications and compensation claims under the parent Act. They replace earlier 2003 regulations without expanding scope."},"complexity_factors":["Only 5 operative sections plus a revocation schedule","Single defined term ('Act') in interpretation section","Straightforward procedural rules without nested conditions or cross-references to other legislation beyond the parent Act","Clear sequential structure for telephone warrant applications (paragraphs (a)-(g))","No exceptions to exceptions or complex conditional logic"],"plain_english_summary":"**What this does:**\n\nThese regulations set out two practical procedures for South Australia's **Prohibition of Human Cloning for Reproduction Act 2003**:\n\n*   **How to get a search warrant** (Section 4): Police or authorised officers who need to enter premises to investigate possible human cloning offences can apply to a magistrate for a warrant. The regulations explain:\n    *   Normal applications must be supported by a sworn written statement (an **affidavit**).\n    *   In urgent cases, an officer can apply by phone, but must later provide an affidavit confirming the facts.\n    *   The magistrate must keep the warrant and affidavit on file.\n\n*   **How to claim compensation** (Section 5): If an authorised search causes damage to property, the owner can claim compensation from the **Minister** (the government minister responsible for the Act). The Minister decides the application form and what evidence is needed.\n\n**Who it affects:**\n\n*   **Police and authorised officers** investigating suspected human cloning offences.\n*   **Magistrates** who issue warrants.\n*   **Property owners** whose premises are searched and damaged during investigations.\n\n**Why it matters:**\n\nHuman cloning for reproduction is banned in Australia. These regulations ensure investigations can happen quickly when necessary (including by phone in emergencies) while protecting people's rights through proper paperwork and compensation for any damage caused."}},"importantCases":[],"_links":{"self":"/api/acts/prohibition-of-human-cloning-for-reproduction-regulations-2018","history":"/api/acts/prohibition-of-human-cloning-for-reproduction-regulations-2018/history","analysis":"/api/acts/prohibition-of-human-cloning-for-reproduction-regulations-2018/analysis","conflicts":"/api/acts/prohibition-of-human-cloning-for-reproduction-regulations-2018/conflicts","importantCases":"/api/acts/prohibition-of-human-cloning-for-reproduction-regulations-2018/important-cases","documents":"/api/acts/prohibition-of-human-cloning-for-reproduction-regulations-2018/documents"}}