{"id":"research-involving-human-embryos-act-2003","name":"Research Involving Human Embryos Act 2003","slug":"research-involving-human-embryos-act-2003","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106584,"registerId":"sa-research-involving-human-embryos-act-2003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Research Involving Human Embryos Act 2003","content":"South Australia\nResearch Involving Human Embryos Act 2003\nAn Act to regulate certain activities involving the use of human embryos and other related activities; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tNationally consistent scheme\nPart 2—Regulation of the use of excess ART embryos, other embryos and human eggs\nDivision 1—Offences\n5\tOffence—use of excess ART embryo\n5A\tOffence—use of other embryos\n5B\tOffence—certain activities involving use of human eggs\n6\tOffence—use of embryo that is not an excess ART embryo\n7\tOffence—breaching a licence condition\n7A\tPerson not liable for conduct purportedly authorised\nDivision 2—Embryo Research Licensing Committee of the NHMRC\n8\tConferral of functions on Committee\n9\tPowers of Committee\nDivision 3—Licensing system\n10\tPerson may apply for licence\n11\tDetermination of application by Committee\n12\tNotification of decision\n13\tPeriod of licence\n14\tLicence is subject to conditions\n15\tVariation of licence\n16\tSuspension or revocation of licence\n17\tSurrender of licence\n18\tNotification of variation, suspension or revocation of licence\nDivision 4—Reporting and confidentiality\n19\tNHMRC Committee to make certain information publicly available\n20\tConfidential commercial information may only be disclosed in certain circumstances\nDivision 5—Review provisions\n21\tInterpretation\n22\tReview of decisions\nPart 3—Inspectors\n23\tPowers of inspectors\n24\tAnnouncement before entry\n25\tInspector must produce identity card on request\n26\tCompensation for damage\n27\tReturn of seized things\n28\tRelated matters\nPart 4—Miscellaneous\n29\tCommonwealth/State arrangements\n30\tNHMRC guidelines\n31\tDelegations\n32\tAnnual reports\n33\tFalse or misleading information\n35\tEvidential burden in relation to exceptions etc\n36\tRegulations\n37\tSunset provision\nSchedule—Transitional provisions\nPart 3—Transitional provision\n9\tTransitional provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Research Involving Human Embryos Act 2003.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccredited ART centre means a person or body accredited to carry out assisted reproductive technology by—\n\t(a)\tthe Reproductive Technology Accreditation Committee of The Fertility Society of Australia and New Zealand; or\n\t(b)\tif the regulations prescribe another body or other bodies in addition to, or instead of, the body mentioned in paragraph (a)—that other body or any of those other bodies, as the case requires;\nAHEC means the Australian Health Ethics Committee established by the National Health and Medical Research Council Act 1992 of the Commonwealth;\nCommonwealth authority means—\n\t(a)\ta body corporate established for a public purpose by or under an Act of the Commonwealth; or\n\t(b)\ta company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n\t(i)\tthe Commonwealth;\n\t(ii)\ta body covered by paragraph (a);\n\t(iii)\ta body covered by either of the above subparagraphs;\nconfidential commercial information means information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed;\ndisclose, in relation to information, means give or communicate in any way;\nexcess ART embryo means a human embryo that—\n\t(a)\twas created, by assisted reproductive technology, for use in the assisted reproductive treatment of a woman; and\n\t(b)\tis excess to the needs of—\n\t(i)\tthe woman for whom it was created; and\n\t(ii)\ther spouse (if any) at the time the embryo was created;\nHREC means a Human Research Ethics Committee;\nhuman embryo means a discrete entity that has arisen from either—\n\t(a)\tthe first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or\n\t(b)\tany other process that initiates organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears,\nand has not yet reached 8 weeks of development since the first mitotic division;\nhuman reproductive material means—\n\t(a)\ta human embryo; or\n\t(b)\thuman sperm; or\n\t(c)\ta human egg; or\n\t(d)\ta thing declared by the regulations to be human reproductive material;\nhuman sperm includes human spermatids;\nhybrid embryo means—\n\t(a)\tan embryo created by the fertilisation of a human egg by animal sperm; or\n\t(b)\tan embryo created by the fertilisation of an animal egg by human sperm; or\n\t(c)\ta human egg into which the nucleus of an animal cell has been introduced; or\n\t(d)\tan animal egg into which the nucleus of a human cell has been introduced; or\n\t(e)\ta thing declared by the regulations to be a hybrid embryo;\ninspector means a person appointed as an inspector under a related Commonwealth Act;\nlicence means a licence issued under Division 3 of Part 2;\nNHMRC means the National Health and Medical Research Council established by the National Health and Medical Research Council Act 1992 of the Commonwealth;\nNHMRC Licensing Committee means the Committee established by section 13 of the Research Involving Human Embryos Act 2002 of the Commonwealth;\nproper consent, in relation to the use of an excess ART embryo or a human egg, or the creation or use of any other embryo, means consent obtained in accordance with guidelines issued by the Chief Executive Officer of the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the regulations under the Research Involving Human Embryos Act 2002 of the Commonwealth for the purposes of the definition of proper consent in that Act;\nrecord means a record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);\nrelated Commonwealth Act means—\n\t(a)\tthe Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth; or\n\t(b)\tthe Research Involving Human Embryos Act 2002 of the Commonwealth;\nresponsible person means—\n\t(a)\tin relation to an excess ART embryo—\n\t(i)\teach person who provided the egg or sperm from which the embryo was created; and\n\t(ii)\tthe woman for whom the embryo was created, for the purpose of achieving her pregnancy; and\n\t(iii)\tany person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that subparagraph was provided; and\n\t(iv)\tany person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or\n\t(b)\tin relation to an embryo other than an excess ART embryo—each person whose reproductive material, genetic material or cell was used, or is proposed to be used, in the creation or use of the embryo; or\n\t(c)\tin relation to a human egg—the woman who was the biological donor of the egg;\nSouth Australian clinical practice licence means a licence to carry out artificial fertilisation procedures issued under Part 3 of the Reproductive Technology (Clinical Practices) Act 1988;\nspouse, in relation to a person, includes a person who, although not legally married to the person, is living with the person as the person's spouse on a bona fide domestic basis;\nState includes the Australian Capital Territory and the Northern Territory;\nunsuitable for implantation, in relation to a human embryo, means a human embryo that—\n\t(a)\tis diagnosed by preimplantation genetic diagnosis as unsuitable for implantation, in accordance with the Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research (2004), issued by the Chief Executive Officer of the NHMRC; or\n\t(b)\tis determined to be unsuitable for implantation in the body of a woman, in accordance with objective criteria specified in guidelines issued by the Chief Executive Officer of the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the regulations under the Research Involving Human Embryos Act 2002 of the Commonwealth for the purposes of the definition of unsuitable for implantation in that Act;\nuse includes develop, or development, as the case requires;\nwoman means a female human.\n\t(2)\tFor the purposes of the definition of human embryo in subsection (1), in working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded.\n\t(3)\tFor the purposes of paragraph (b) of the definition of excess ART embryo in subsection (1), a human embryo is excess to the needs of the persons mentioned in that paragraph at a particular time if—\n\t(a)\teach such person has given written authority for use of the embryo for a purpose other than a purpose relating to the assisted reproductive technology treatment of the woman concerned, and the authority is in force at that time; or\n\t(b)\teach such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time.\n\t(4)\tA reference in this Act to an embryo (including a human embryo) is a reference to a living embryo.\n\t(5)\tA reference in this Act to a human egg is a reference to a human oocyte.\n\t(6)\tA reference in this Act to a human embryo does not include a reference to—\n\t(a)\ta hybrid embryo; or\n\t(b)\ta human embryonic stem cell line.\n4—Nationally consistent scheme\nIt is intended that the principal objects of this Act be achieved through a regulatory framework and a range of offences that operate in conjunction with, and in a manner that is consistent with, corresponding Commonwealth and State laws.\nPart 2—Regulation of the use of excess ART embryos, other embryos and human eggs\nDivision 1—Offences\n5—Offence—use of excess ART embryo\n\t(1)\tA person commits an offence if the person intentionally uses an excess ART embryo, unless—\n\t(a)\tthe use by the person is authorised by a licence; or\n\t(b)\tthe use by the person is an exempt use within the meaning of subsection (2).\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tA use of an excess ART embryo by a person is an exempt use for the purpose of subsection (1) if—\n\t(a)\tthe use consists only of—\n\t(i)\tstorage of the excess ART embryo; or\n\t(ii)\tremoval of the excess ART embryo from storage; or\n\t(iii)\ttransport of the excess ART embryo; or\n\t(b)\tthe use consists only of observation of the excess ART embryo; or\n\t(c)\tthe use consists only of allowing the excess ART embryo to succumb; or\n\t(d)\tthe use is carried out by an accredited ART centre under a South Australian clinical practice licence and—\n\t(i)\tthe excess ART embryo is not suitable to be placed in the body of the woman for whom it was created where the suitability of the embryo is determined only on the basis of its biological fitness for implantation; and\n\t(ii)\tthe use forms part of diagnostic investigations conducted in connection with the assisted reproductive technology treatment of the woman for whom the excess ART embryo was created; or\n\t(e)\tthe use is carried out by an accredited ART centre under a South Australian clinical practice licence and is for the purposes of achieving pregnancy in a woman other than the woman for whom the excess ART embryo was created; or\n\t(f)\tthe use is of a kind prescribed by the regulations for the purposes of this paragraph.\n\t(3)\tIn subsection (2)—\ndiagnostic investigation, in relation to an excess ART embryo, means any procedure undertaken on embryos for the sole purpose of diagnostic investigations for the direct benefit of the woman for whom it was created;\nobservation, in relation to an excess ART embryo, includes taking a photograph of the embryo, or taking a recording of the embryo from which a visual image can be produced.\n5A—Offence—use of other embryos\nA person commits an offence if—\n\t(a)\tthe person intentionally uses an embryo; and\n\t(b)\tthe embryo is—\n\t(i)\ta human embryo created by a process other than the fertilisation of a human egg by a human sperm; or\n\t(ii)\ta human embryo created by a process other than the fertilisation of a human egg by a human sperm that contains genetic material provided by more than 2 persons; or\n\t(iii)\ta human embryo created using precursor cells taken from a human embryo or a human fetus; or\n\t(iv)\ta hybrid embryo; and\n\t(c)\tthe use by the person is not authorised by a licence.\nMaximum penalty: Imprisonment for 5 years.\nNote—\nThe creation or development of embryos mentioned in this section is prohibited under Part 2 of the Prohibition of Human Cloning for Reproduction Act 2003, unless authorised by a licence under this Act.\n5B—Offence—certain activities involving use of human eggs\nA person commits an offence if—\n\t(a)\tthe person undertakes research or training involving the fertilisation of a human egg by a human sperm up to, but not including, the first mitotic division, outside the body of a woman for the purposes of research or training in ART; and\n\t(b)\tthe person is not authorised by a licence to undertake the research or training.\nMaximum penalty: Imprisonment for 5 years.\n6—Offence—use of embryo that is not an excess ART embryo\nA person commits an offence if—\n\t(a)\tthe person intentionally uses, outside the body of a woman, a human embryo—\n\t(i)\tthat was created by fertilisation of a human egg by a human sperm; and\n\t(ii)\tthat is not an excess ART embryo; and\n\t(b)\tthe use is not for a purpose related to the assisted reproductive technology treatment of a woman carried out by an accredited ART centre under a South Australian clinical practice licence, and the person knows or is reckless as to that fact.\nMaximum penalty: Imprisonment for 5 years.\n7—Offence—breaching a licence condition\n\t(1)\tA person commits an offence if the person intentionally engages in conduct, knowing that the conduct contravenes a condition of a licence that applies to the person under this Act, or reckless as to whether the conduct contravenes a condition of such a licence.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tIn this section—\nengage in conduct means—\n\t(a)\tdo an act; or\n\t(b)\tomit to perform an act.\n7A—Person not liable for conduct purportedly authorised\n\t(1)\tTo avoid doubt, a person is not criminally responsible for an offence against this Act in respect of particular conduct if—\n\t(a)\tthe conduct by the person is purportedly authorised by a provision of a licence; and\n\t(b)\tthe licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and\n\t(c)\tthe person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision.\n\t(2)\tIn this section—\nlicence includes a purported licence.\nDivision 2—Embryo Research Licensing Committee of the NHMRC\n8—Conferral of functions on Committee\nThe NHMRC Licensing Committee has the following functions:\n\t(a)\tto perform functions in relation to licences under Division 3;\n\t(b)\tto perform functions in relation to databases under Division 4;\n\t(c)\tto perform such other functions as are conferred on it by this Act or any other law.\n9—Powers of Committee\nThe NHMRC Licensing Committee has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\nDivision 3—Licensing system\n10—Person may apply for licence\n\t(1)\tA person may apply to the NHMRC Licensing Committee for a licence authorising 1 or more of the following:\n\t(a)\tuse of excess ART embryos;\n\t(b)\tcreation of human embryos other than by fertilisation of a human egg by a human sperm, and use of such embryos;\n\t(c)\tcreation of human embryos other than by fertilisation of a human egg by a human sperm that contain genetic material provided by more than 2 persons, and use of such embryos;\n\t(d)\tcreation of human embryos using precursor cells from a human embryo or a human fetus, and use of such embryos;\n\t(e)\tresearch and training involving the fertilisation of a human egg by a human sperm up to, but not including, the first mitotic division, outside the body of a woman for the purposes of research or training in ART;\n\t(f)\tcreation of hybrid embryos by the fertilisation of an animal egg by a human sperm, and use of such embryos up to, but not including, the first mitotic division, if—\n\t(i)\tthe creation or use is for the purposes of testing sperm quality; and\n\t(ii)\tthe creation or use will occur in an accredited ART centre.\n\t(1a)\tTo avoid doubt, subsection (1)(a), (b), (c) and (d) do not permit the NHMRC Licensing Committee to authorise any use of an excess ART embryo or other embryo that would result in the development of the embryo for a period of more than 14 days, excluding any period when development is suspended.\n\t(2)\tAn application under subsection (1)—\n\t(a)\tmust be made in accordance with the requirements (if any) specified in writing by the NHMRC Licensing Committee; and\n\t(b)\tmust be accompanied by the fee (if any) prescribed by the regulations.\n11—Determination of application by Committee\n\t(1)\tThis section applies if a person has made an application for a licence.\n\t(2)\tThe NHMRC Licensing Committee must decide, in accordance with this section, whether or not to issue the licence.\n\t(3)\tThe NHMRC Licensing Committee must not issue the licence unless it is satisfied of the following:\n\t(a)\tthat appropriate protocols are in place—\n\t(i)\tto enable proper consent to be obtained before an excess ART embryo or human egg is used, or other embryo is created or used, under the licence; and\n\t(ii)\tto enable compliance with any restrictions on such consent;\n\t(c)\tthat 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.\n\t(4)\tIn deciding whether to issue the licence, the NHMRC Licensing Committee must have regard to the following:\n\t(a)\trestricting the number of excess ART embryos, other embryos or human eggs, to that likely to be necessary to achieve the goals of the activity or project proposed in the application;\n\t(b)\tthe likelihood of significant advance in knowledge or improvement in technologies for treatment as a result of the use of excess ART embryos or human eggs, or the creation or use of other embryos, proposed in the application, which could not reasonably be achieved by other means;\n\t(c)\tany relevant guidelines, or relevant parts of guidelines, issued by the Chief Executive Officer of the NHMRC under the National Medical and Research Council Act 1992 of the Commonwealth and prescribed by the regulations for the purposes of the corresponding provision of the Research Involving Human Embryos Act 2002 of the Commonwealth;\n\t(d)\tthe HREC assessment of the application mentioned in subsection (3)(c);\n\t(e)\tsuch additional matters (if any) as are prescribed by the regulations.\n12—Notification of decision\n\t(1)\tThe NHMRC Licensing Committee must notify its decision on an application for a licence to the following:\n\t(a)\tthe applicant;\n\t(b)\tthe HREC that assessed and approved the activity or project proposed in the application;\n\t(c)\tany other person or body prescribed by the regulations.\n\t(2)\tIf the NHMRC Licensing Committee decides to issue the licence, it must, in addition to issuing the licence to the applicant, give a copy of the licence to the bodies mentioned in subsection (1)(b) and (c).\n13—Period of licence\n\t(1)\tA licence—\n\t(a)\tcomes into force on the day specified in the licence, or if no day is specified, on the day on which it is issued; and\n\t(b)\tremains in force until the day specified in the licence, unless it is suspended, revoked or surrendered before that day.\n\t(2)\tA licence is not in force throughout any period of suspension.\n14—Licence is subject to conditions\n\t(1)\tA licence is subject to the condition that before an excess ART embryo or human egg is used, or any other embryo is created or used, as authorised by the licence—\n\t(a)\teach responsible person in relation to the excess ART embryo, human egg or other embryo must have given proper consent to that creation or use; and\n\t(b)\tthe licence holder must have reported in writing to the NHMRC Licensing Committee that such consent has been obtained, and any restrictions to which the consent is subject.\n\t(2)\tA licence is subject to the condition that the use of an excess ART embryo or human egg, or the creation or use of any other embryo, must be in accordance with any restrictions to which the proper consent under subsection (1) is subject.\n\t(4)\tA licence is subject to such other conditions as are specified in the licence.\n\t(5)\tThe conditions specified in the licence may include, but are not limited to, conditions relating to the following:\n\t(a)\tthe persons authorised by the licence to use excess ART embryos or human eggs, or create or use other embryos;\n\t(b)\tthe number of excess ART embryos or human eggs authorised to be used under the licence, or the number of other embryos authorised to be created or used under the licence;\n\t(c)\treporting;\n\t(d)\tmonitoring;\n\t(e)\tinformation to be given by the licence holder to persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos.\n\t(6)\tThe licence conditions set out in subsections (1), (2) and (3) apply to all persons who are authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos.\n\t(7)\tLicence conditions specified in the licence apply to—\n\t(a)\tthe licence holder; and\n\t(b)\tsuch other persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos, as are specified in the licence.\n\t(8)\tFor the purposes of applying the condition referred to in subsection (1)(a)—\n\t(a)\ta licence may provide that the guidelines referred to in the definition of proper consent apply in a modified form in relation to the use, under the licence, of excess ART embryos that are unsuitable for implantation; and\n\t(b)\tif a licence so provides, the guidelines as modified by the licence have effect in relation to the giving of consent for such creation or use.\nNote—\nFor example, the guidelines could apply to a particular licence in a modified form, to alter the cooling‑off period required in relation to the use of excess ART embryos that are unsuitable for implantation.\n15—Variation of licence\n\t(1)\tThe NHMRC Licensing Committee may, by notice in writing given to the licence holder, vary a licence if the Committee believes on reasonable grounds that it is necessary or desirable to do so.\n\t(2)\tThe NHMRC Licensing Committee may vary a licence under subsection (1) on its own initiative or on application by the licence holder.\n\t(3)\tWithout limiting subsection (1), the NHMRC Licensing Committee may vary the licence by specifying additional conditions or varying existing conditions.\n\t(4)\tThe NHMRC Licensing Committee must not vary a licence in such a way that, had a person applied under this Part for the licence as varied, the Committee would not have been permitted by this Part to issue the licence.\n16—Suspension or revocation of licence\n\t(1)\tThe NHMRC Licensing Committee may, by notice in writing given to the licence holder, suspend or revoke a licence if the Committee believes on reasonable grounds that a condition of the licence has been breached.\n\t(2)\tIf a licence holder is convicted of an offence against this Act, the Prohibition of Human Cloning for Reproduction Act 2003, or a related Commonwealth Act, the NHMRC Licensing Committee must, by notice in writing given to the licence holder, revoke each licence held by the licence holder.\n17—Surrender of licence\nA licence holder may surrender a licence by written notice given to the NHMRC Licensing Committee.\n18—Notification of variation, suspension or revocation of licence\n\t(1)\tIf the NHMRC Licensing Committee varies, suspends or revokes a licence, the Committee must notify—\n\t(a)\tthe licence holder; and\n\t(b)\tthe relevant HREC; and\n\t(c)\tany other person or body prescribed by the regulations.\n\t(2)\tThe NHMRC Licensing Committee must also notify the relevant HREC, and any other prescribed person or body, if a licence is surrendered.\nDivision 4—Reporting and confidentiality\n19—NHMRC Committee to make certain information publicly available\n\t(1)\tThe NHMRC Licensing Committee must maintain a database containing the following information in relation to each licence (including a licence as varied):\n\t(a)\tthe name of the person to whom the licence was issued;\n\t(b)\ta short statement about the nature of the uses of excess ART embryos or human eggs, and creations or uses of other embryos, that are authorised by the licence;\n\t(c)\tany conditions to which the licence is subject;\n\t(d)\tthe number of ART embryos or human eggs authorised to be used under the licence, and the number of other embryos authorised to be created or used under the licence;\n\t(e)\tthe date on which the licence was issued;\n\t(f)\tthe period throughout which the licence is to remain in force.\n\t(2)\tThe database is to be made publicly available.\n\t(3)\tThe database may be kept and made publicly available in electronic form.\n\t(4)\tInformation mentioned in subsection (1) must not be such as to disclose confidential commercial information.\n20—Confidential commercial information may only be disclosed in certain circumstances\n\t(1)\tA person commits an offence if—\n\t(a)\tthe person discloses confidential commercial information that the person has only because of performing duties or functions under this Part or a corresponding Act; and\n\t(b)\tthe person knows that the information is confidential commercial information; and\n\t(c)\tthe disclosure is not—\n\t(i)\tto a State agency, the Commonwealth or a Commonwealth authority in the course of carrying out duties or functions under this Part or a corresponding Act; or\n\t(ii)\tby order of a court; or\n\t(iii)\twith the consent of each person to whom the information has a commercial or other value.\nMaximum penalty: Imprisonment for 2 years.\n\t(2)\tA person commits an offence if—\n\t(a)\tthe person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and\n\t(b)\tthe person knows that the information is confidential commercial information; and\n\t(c)\tthe disclosure is not—\n\t(i)\tto a State agency, the Commonwealth or a Commonwealth authority in the course of carrying out duties or functions under this Part or a corresponding Act; or\n\t(ii)\tby order of a court; or\n\t(iii)\twith the consent of each person to whom the information has a commercial or other value.\nMaximum penalty: Imprisonment for 2 years.\n\t(3)\tIn this section—\ncorresponding Act means—\n\t(a)\tthe Research Involving Human Embryos Act 2002 of the Commonwealth; or\n\t(b)\tan Act of another State that is a corresponding State law under the Research Involving Human Embryos Act 2002 of the Commonwealth;\ncourt includes a tribunal, authority or person having power to require the production of documents or the answering of questions;\nState agency means the following:\n\t(a)\tthe Crown in right of a State;\n\t(b)\ta Minister of a State;\n\t(c)\ta State Government department;\n\t(d)\tany other agency or instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;\n\t(e)\ta company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n\t(i)\tthe Crown in right of a State;\n\t(ii)\ta person or body covered by paragraph (b) or (d);\n\t(iii)\ta person or body covered by either of the above subparagraphs.\nDivision 5—Review provisions\n21—Interpretation\nIn this Division—\nAdministrative Review Tribunal means the Administrative Review Tribunal established by the Administrative Review Tribunal Act 2024 of the Commonwealth;\nCommonwealth Act means the Research Involving Human Embryos Act 2002 of the Commonwealth;\neligible person, in relation to a decision of the NHMRC Licensing Committee, means—\n\t(a)\tin relation to a decision under section 11 not to issue a licence—the applicant for the licence; or\n\t(b)\tin relation to a decision in respect of the period throughout which the licence is to be in force under section 13—the licence holder; or\n\t(c)\tin relation to a decision to specify a licence condition under section 14(4)—the licence holder; or\n\t(ca)\tin relation to a decision to modify guidelines under section 14(8) in respect of a licence—the licence holder; or\n\t(d)\tin relation to a decision to vary or refuse to vary a licence under section 15—the licence holder; or\n\t(e)\tin relation to a decision to suspend or revoke a licence under section 16—the person who was the licence holder immediately before the suspension or revocation;\nreviewable decision means any of the following decisions of the NHMRC Licensing Committee:\n\t(a)\ta decision under section 11 not to issue a licence;\n\t(b)\ta decision in respect of the period throughout which the licence is to be in force under section 13;\n\t(c)\ta decision to specify a licence condition under section 14(4);\n\t(ca)\ta decision to modify guidelines under section 14(8) in respect of a licence;\n\t(d)\ta decision to vary or refuse to vary a licence under section 15;\n\t(e)\ta decision to suspend or revoke a licence under section 16;\nSACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n22—Review of decisions\n\t(1)\tAn eligible person may—\n\t(a)\tif subsection (2) applies—apply to the Administrative Review Tribunal for the review of a reviewable decision; or\n\t(b)\tif subsection (2) does not apply—apply to SACAT under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for the review of a reviewable decision.\n\t(2)\tThis subsection applies if an eligible person is also—\n\t(a)\tin relation to a reviewable decision under section 11—an applicant for a corresponding licence under the Commonwealth Act; or\n\t(b)\tin relation to a reviewable decision under section 13, 14(4), 14(8) or 15—the holder of a corresponding licence under the Commonwealth Act; or\n\t(c)\tin relation to a reviewable decision under section 16—a person whose corresponding licence under the Commonwealth Act has been suspended or revoked under that Act.\n\t(3)\tFor the purposes of subsection (1)(a)—\n\t(a)\tthe Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7) and the regulations in force for the time being under that Act apply as laws of South Australia in relation to relevant reviewable decisions (and Part 7 of that Act will continue to have effect as a law of the Commonwealth); and\n\t(b)\ta reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of South Australia) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.\n\t(4)\tFor the purposes of subsection (1)(b), an application for review of a reviewable decision must be made within 28 days after the making of the decision.\n\t(5)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there may be a panel of assessors consisting of persons who have expertise that would be of value to SACAT in relation to proceedings before SACAT on a review under this section.\n\t(5a)\tIn any proceedings on a review under this section, SACAT may, if the President so determines, sit with 1 or more assessors from the panel.\n\t(6)\tNothing in this section, or in any other provision of this Act, is intended to limit any right that a person may have under a law of the Commonwealth, or under the Constitution of the Commonwealth, to bring an action against the NHMRC Licensing Committee.\n\t(7)\tThis section has effect subject to the Administrative Review Tribunal Act 2024 of the Commonwealth.\nPart 3—Inspectors\n23—Powers of inspectors\n\t(1)\tAn inspector may, for any purpose connected with the administration, operation or enforcement of this Act—\n\t(a)\tenter any premises; and\n\t(b)\tsearch the premises and anything on the premises; and\n\t(c)\tinspect, examine, take measurements of, conduct tests on, or take samples of, any human reproductive or other material, or thing, at the premises; and\n\t(d)\ttake photographs, films, audio, video or other recordings, and make sketches; and\n\t(e)\tinspect any book, record or document and, if necessary, require a person to produce any book, record or document for inspection; and\n\t(f)\ttake extracts from or make copies of any book, record or document; and\n\t(g)\toperate any equipment at the premises, or require a person to operate any equipment at the premises; and\n\t(h)\ttake onto the premises any equipment or materials; and\n\t(i)\tsecure any equipment or material or other thing and require that it not be operated, moved, altered or used in any way until further order of an inspector or magistrate; and\n\t(j)\trequire a person to answer questions; and\n\t(k)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act.\n\t(2)\tAn inspector may, in exercising powers under this section—\n\t(a)\tbe accompanied by such police officers or other persons as the inspector thinks fit; and\n\t(b)\ttake onto premises such equipment or materials as the inspector reasonably requires.\n\t(3)\tWithout limiting subsection (1), an inspector may operate equipment at premises to see whether—\n\t(a)\tthe equipment; or\n\t(b)\ta disk, tape or other storage device that—\n\t(i)\tis at the premises; and\n\t(ii)\tcan be used with the equipment or is associated with it,\ncontains information or material that is relevant to determining whether there has been compliance with this Act or the regulations.\n\t(4)\tWithout limiting subsection (1) or (3), if an inspector, after operating equipment at the premises, finds that the equipment, or that a tape, disk or other storage device at the premises, contains information mentioned in subsection (3), the inspector may—\n\t(a)\toperate equipment or facilities at the premises to put the information in documentary form and copy the document so produced; or\n\t(b)\tif the information can be transferred to a tape, disk or other storage device that—\n\t(i)\tis brought to the premises; or\n\t(ii)\tis at the premises,\noperate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.\n\t(5)\tWithout limiting subsection (1), if an inspector, during a search of premises, believes on reasonable grounds that there is at the premises a human embryo, another embryo, a human egg or other material or thing that may afford evidence of the commission of an offence against this Act, the inspector may—\n\t(a)\tsecure the embryo, the egg, material or other thing, pending the obtaining of a warrant to seize it; and\n\t(b)\tseize it under the authority of a warrant to seize it obtained from a magistrate.\n\t(6)\tAn inspector is not authorised to enter premises under this section unless—\n\t(a)\tthe occupier of the premises has consented to the entry; or\n\t(b)\tthe occupier of the premises is carrying out activities covered by a licence under this Act, and the entry is at a reasonable time; or\n\t(c)\tthe entry is made under the authority of a warrant issued by a magistrate; or\n\t(d)\tthe inspector has reasonable grounds to believe that the circumstances require immediate entry.\n\t(7)\tAn application for a warrant under this section—\n\t(a)\tmay be made either personally or by telephone;\n\t(b)\tmust be made in accordance with the procedures prescribed by the regulations.\n\t(8)\tAn inspector may use such force as is reasonably necessary to enter premises under subsection (6)(b), (c) or (d).\n\t(9)\tA magistrate may, on application by a person who has an interest in any equipment, material or other thing secured under paragraph (i) of subsection (1), grant an order releasing the equipment, material or thing from the requirement under that paragraph.\n24—Announcement before entry\n\t(1)\tAn inspector must, before entering premises without the consent of the occupier of the premises—\n\t(a)\tannounce that he or she is authorised to enter the premises; and\n\t(b)\tgive any person at the premises an opportunity to allow entry to the premises.\n\t(2)\tAn inspector is not required to comply with subsection (1) if the inspector has reasonable grounds to believe that immediate entry to the premises is required to ensure the effective exercise of powers under this Part.\n25—Inspector must produce identity card on request\n\t(1)\tAn inspector is not entitled to exercise any powers under this Part in relation to premises if—\n\t(a)\tthe occupier of the premises has required the inspector to produce an identity card for inspection by the occupier; and\n\t(b)\tthe inspector fails to comply with the requirement.\n\t(2)\tIn this section—\nidentity card means an identity card issued under a related Commonwealth Act.\n26—Compensation for damage\n\t(1)\tThe owner of equipment or other facilities is entitled to compensation for damage to the equipment or other facilities if—\n\t(a)\tthe damage was caused to the equipment or other facilities as a result of it being operated by an inspector as mentioned in this Part; and\n\t(b)\tthe damage was caused as a result of insufficient care being exercised by the inspector operating the equipment or other facilities.\n\t(2)\tCompensation is payable in accordance with the regulations.\n\t(3)\tIn determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment or other facilities that was appropriate in the circumstances.\n27—Return of seized things\n\t(1)\tSubject to this section, if an inspector seizes any material or thing under this Part, the inspector must take reasonable steps to return it if or when the reason for its seizure no longer exists or it is decided that it is not to be used in evidence (unless the material or thing is forfeited or forfeitable to the State of South Australia under another Act or law).\n\t(2)\tAn inspector is not required to return any material or thing under subsection (1) if—\n\t(a)\tthe material or thing has deteriorated to the extent that it no longer has any useful purpose or any real value; or\n\t(b)\tan inspector is otherwise authorised (by a law, or an order of a court, of the State of South Australia or the Commonwealth) to retain, destroy or dispose of the material or thing.\n\t(3)\tThe material or thing may be returned under subsection (1) either unconditionally or on such terms and conditions as the Minister thinks fit.\n\t(4)\tAn inspector may make application to the Magistrates Court for an order for the purposes of subsection (2)(b) and a magistrate may, on such an application, if satisfied that it is appropriate to do so, make an order authorising an inspector to retain, destroy or dispose of any material or thing.\n\t(5)\tBefore making an application under subsection (4), the inspector must—\n\t(a)\ttake reasonable steps to discover who has an interest in the retention of the material or thing; and\n\t(b)\tif it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.\n\t(6)\tDespite a preceding subsection, if human reproductive material has been seized and an inspector is asked to return the material because it is intended to be used at an accredited ART centre under a South Australian clinical practice licence for the purposes of achieving pregnancy in a woman, the inspector must give due consideration to the request (and seek to resolve the matter) as expeditiously as possible.\n28—Related matters\n\t(1)\tSubject to subsection (2), a person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an inspector, or a person assisting an inspector, in the exercise of powers under this Part; or\n\t(b)\tuses abusive, threatening or insulting language to an inspector, or a person assisting an inspector; or\n\t(c)\twithout reasonable excuse, fails to obey a requirement or direction of an inspector under this Part; or\n\t(d)\twithout reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an inspector; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an inspector,\nis guilty of an offence.\nMaximum penalty: $5 000.\n\t(2)\tA person is not obliged to answer a question if to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(3)\tAn inspector, or a person assisting an inspector, who, in the course of exercising powers under this Part—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens force in relation to any other person,\nis guilty of an offence.\nMaximum penalty: $5 000.\nPart 4—Miscellaneous\n29—Commonwealth/State arrangements\n\t(1)\tThe validity of any licence issued or thing done for the purposes of this Act is not affected only because it was issued or done also for the purposes of a related Commonwealth Act.\n\t(2)\tThe Chairperson of the NHMRC Licensing Committee may, after consultation with the Minister, appoint as an inspector under a related Commonwealth Act a person who is appointed or employed by the State.\n\t(3)\tIf—\n\t(a)\tan act or omission is an offence against this Act and is also an offence against a related Commonwealth Act; and\n\t(b)\tthe offender has been punished for the offence under the related Commonwealth Act,\nthe offender is not liable to be punished for the offence under this Act.\n\t(4)\tThis Act does not purport to confer a function or power, or to impose a duty, on—\n\t(a)\tthe NHMRC Licensing Committee; or\n\t(b)\ta Commonwealth authority; or\n\t(c)\tan officer of the Commonwealth or a Commonwealth authority,\nto the extent to which the conferral of the function or power, or the imposition of the duty, would be beyond the legislative power of the Parliament of the State.\n\t(5)\tSubsection (4) does not limit the operation of section 22A of the Acts Interpretation Act 1915.\n30—NHMRC guidelines\n\t(1)\tThe Minister must cause the following documents to be laid before both Houses of Parliament:\n\t(a)\tcopies of any guidelines issued by the NHMRC that have effect under this Act on the commencement of this Act;\n\t(b)\tcopies of any alterations to any guidelines issued by the NHMRC that have effect under this Act after the commencement of this Act.\n\t(2)\tThe times within which documents must be tabled under subsection (1) are as follows:\n\t(a)\tin the case of the guidelines referred to in subsection (1)(a)—within 3 sitting days after the commencement of this Act;\n\t(b)\tin the case of any alterations to any guidelines referred to in subsection (1)(b)—within 6 sitting days after the alterations take effect under this Act.\n\t(4)\tFor the purposes of this section, a guideline may be altered by the amendment, variation, addition, substitution or deletion of a guideline.\n31—Delegations\n\t(1)\tThe Minister may, by instrument in writing, delegate any of the Minister's functions or powers under this Act or the regulations to any of the following:\n\t(a)\ta person who is appointed or employed by the State;\n\t(b)\tan officer of the Commonwealth or a Commonwealth authority.\n\t(2)\tThe NHMRC Licensing Committee may, by instrument in writing, delegate any of the Committee's functions or powers under this Act or the regulations to any of the following:\n\t(a)\ta person who is appointed or employed by the State;\n\t(b)\tan officer of the Commonwealth or a Commonwealth authority.\n\t(3)\tA delegation under this section may be made to—\n\t(a)\ta specified person; or\n\t(b)\ta person holding or acting in a specified position.\n\t(4)\tIn performing functions or exercising powers under a delegation, the delegate must comply with any directions of the Minister or the NHMRC Licensing Committee (as the case requires).\n\t(5)\tA delegation is revocable at will and does not derogate from the power of the Minister or the NHMRC Licensing Committee (as the case requires) to act in a matter.\n32—Annual reports\n\t(1)\tThe NHMRC Licensing Committee must furnish to the Minister a copy of any report prepared under section 19(3) of the Research Involving Human Embryos Act 2002 of the Commonwealth (insofar as the report is relevant to the operation of this Act).\n\t(2)\tThe Minister must, within 12 sitting days after receipt of a report under subsection (1), cause copies of the report to be laid before each House of Parliament.\n33—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: $5 000.\n35—Evidential burden in relation to exceptions etc\n\t(1)\tSubject to this Act, this section applies with respect to proceedings for an offence against this Act.\n\t(2)\tA defendant in proceedings who wishes to rely on any exception, exemption, excuse, qualification or justification under this Act bears an evidential burden in relation to that matter.\n\t(3)\tThe exception, exemption, excuse, qualification or justification need not accompany the description of the offence.\n\t(4)\tThe defendant no longer bears the evidential burden in relation to a matter if evidence sufficient to discharge the burden is adduced by the prosecution or by the court.\n\t(5)\tThe question whether an evidential burden has been discharged is one of law.\n\t(6)\tIn this section—\nevidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n36—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprohibit or restrict the undertaking of a specified activity, or an activity of a specified class, relating to the use of any human reproductive material; and\n\t(b)\tregulate any procedure associated with the use of any human reproductive material, including by providing that a person undertaking a specified activity, or an activity of a specified class, relating to the use of any human reproductive material must comply with any prescribed requirement or condition; and\n\t(c)\trequire the keeping of records, statistics and other information by any person or body who undertakes any activity that relates to the use of any human reproductive material and the provision of reports based on that information to the Minister or any other prescribed person or body; and\n\t(d)\trequire the provision of any other report, or any statement, document or other form of information, to the Minister or any other prescribed person or body; and\n\t(e)\tprescribe fines not exceeding $10 000 for contravention of a regulation.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application; and\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body prescribed by the regulations; and\n\t(d)\tmay apply or incorporate, wholly or partially and with or without modification, a code, standard or policy (as in force at the date of the particular regulations, or as in force from time to time) prepared or published by the Minister or any other person or body prescribed by the regulations.\n\t(4)\tA regulation made pursuant to subsection (2)(a) or (b) cannot take effect unless and until it has been laid before both Houses of Parliament and—\n\t(a)\tno motion for disallowance is moved within the time for such a motion; or\n\t(b)\tevery motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.\n37—Sunset provision\nSections 11(3)(b), 14(1)(c) and 14(3) are repealed by force of this section on 5 April 2005.\nSchedule—Transitional provisions\nPart 3—Transitional provision\n9—Transitional provision\nSection 36(4) does not apply with respect to a regulation made on or before the commencement of this Act that is expressed to come into operation on the day on which this Act comes into operation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\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.\nLegislation amended by principal Act\nThe Research Involving Human Embryos Act 2003 amended the following:\nReproductive Technology Act 1988\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2003\n18\nResearch Involving Human Embryos Act 2003\n19.6.2003\n18.12.2003 (Gazette 18.12.2003 p4526)\n2009\n11\nStatutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Act 2009\n2.4.2009\nPt 3 (ss 8—21) & Pt 4 (s 22)—7.5.2009 (Gazette 7.5.2009 p1702)\n2011\n36\nStatutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 17 (s 22)—1.1.2012 (Gazette 15.12.2011 p4988)\n2019\n14\nStatutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 22 (ss 143 to 146)—4.5.2020 (Gazette 27.2.2020 p442)\n2025\n54\nStatutes Amendment (Administrative Review Tribunal) Act 2025\n20.11.2025\nPt 11 (ss 18 & 19)—20.11.2025: s 2\n2025\n69\nStatutes Amendment (Health and Wellbeing) Act 2025\n4.12.2025\nPt 12 (ss 64 & 65)—4.12.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n7.5.2009\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n7.5.2009\ns 3\n\n\ns 3(1)\n\n\naccredited ART centre\namended by 69/2025 s 64\n4.12.2025\nDistrict Court\ndeleted by 14/2019 s 143\n4.5.2020\nhuman embryo\nsubstituted by 11/2009 s 8(1)\n7.5.2009\nhybrid embryo\ninserted by 11/2009 s 8(2)\n7.5.2009\nproper consent\nsubstituted by 11/2009 s 8(3)\n7.5.2009\nrelated Commonwealth Act\namended by 11/2009 s 8(4)\n7.5.2009\nresponsible person\nsubstituted by 11/2009 s 8(5)\n7.5.2009\nunsuitable for implantation\ninserted by 11/2009 s 8(6)\n7.5.2009\nuse\ninserted by 11/2009 s 8(6)\n7.5.2009\ns 3(4)—(6)\ninserted by 11/2009 s 8(7)\n7.5.2009\nPt 2\n\n\nheading\nsubstituted by 11/2009 s 9\n7.5.2009\nss 5A and 5B\ninserted by 11/2009 s 10\n7.5.2009\ns 6\namended by 11/2009 s 11\n7.5.2009\ns 7A\ninserted by 11/2009 s 12\n7.5.2009\ns 10\n\n\ns 10(1)\nsubstituted by 11/2009 s 13\n7.5.2009\ns 10(1a)\ninserted by 11/2009 s 13\n7.5.2009\ns 11\n\n\ns 11(3)\n(b) deleted: s 37\n(5.4.2005) \n\namended by 11/2009 s 14(1)\n7.5.2009\ns 11(4)\namended by 11/2009 s 14(2)—(4)\n7.5.2009\ns 14\n\n\ns 14(1) before substitution by 11/2009\n(c) deleted: s 37\n(5.4.2005) \ns 14(1)\nsubstituted by 11/2009 s 15(1)\n7.5.2009\ns 14(2)\namended by 11/2009 s 15(2)\n7.5.2009\ns 14(3)\ndeleted: s 37\n(5.4.2005) \ns 14(5)\namended by 11/2009 s 15(3)—(5)\n7.5.2009\ns 14(6)\namended by 11/2009 s 15(6)\n7.5.2009\ns 14(7)\namended by 11/2009 s 15(7)\n7.5.2009\ns 14(8)\ninserted by 11/2009 s 15(8)\n7.5.2009\ns 16\n\n\ns 16(2)\namended by 11/2009 s 16\n7.5.2009\ns 19\n\n\ns 19(1)\namended by 11/2009 s 17(1), (2)\n7.5.2009\ns 21\n\n\nAdministrative Appeals Tribunal\ndeleted by 54/2025 s 18\n20.11.2025\nAdministrative Review Tribunal\ninserted by 54/2025 s 18\n20.11.2025\neligible person\namended by 11/2009 s 18(1)\n7.5.2009\nreviewable decision\namended by 11/2009 s 18(2)\n7.5.2009\nSACAT\ninserted by 14/2019 s 144\n4.5.2020\ns 22\n\n\ns 22(1)\namended by 14/2019 s 145(1)\n4.5.2020\n\namended by 54/2025 s 19(1)\n20.11.2025\ns 22(2)\namended by 11/2009 s 19\n7.5.2009\ns 22(3)\nsubstituted by 54/2025 s 19(2)\n20.11.2025\ns 22(4)\nsubstituted by 14/2019 s 145(2)\n4.5.2020\ns 22(5)\nsubstituted by 14/2019 s 145(3)\n4.5.2020\ns 22(5a)\ninserted by 14/2019 s 145(3)\n4.5.2020\ns 22(7)\namended by 54/2025 s 19(3)\n20.11.2025\nPt 3\n\n\ns 23\n\n\ns 23(5)\namended by 11/2009 s 20(1), (2)\n7.5.2009\nPt 4\n\n\ns 30\n\n\ns 30(2)\namended by 11/2009 s 21\n7.5.2009\ns 30(3)\ndeleted by 69/2025 s 65\n4.12.2025\ns 34\ndeleted by 36/2011 s 22\n1.1.2012\nSch\n\n\nPts 1 and 2\nomitted under Legislation Revision and Publication Act 2002\n7.5.2009\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Act 2009\n22—Transitional provision\nIf an application for a licence under section 10 of the Research Involving Human Embryos Act 2003 made before the commencement of this section has not been determined at the commencement of this section, the application is to be determined as if it had been made after that commencement.\nStatutes Amendment (SACAT) Act 2019, Part 22\n146—Transitional provisions\n\t(1)\tA right of appeal under section 22(1)(b) of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before SACAT rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Research Involving Human Embryos Act 2003;\nrelevant day means the day on which this Part comes into operation;\nSACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n7.5.2009\n\n1.1.2012\n\n4.5.2020\n\n20.11.2025\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2003 form. The 2009 amendments (Statutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Act 2009) substantially expanded the scope by: (1) adding new offences for 'other embryos' (section 5A) and human egg research (section 5B); (2) broadening the definition of 'human embryo' to include non-fertilisation processes; (3) introducing 'hybrid embryo' regulation; (4) adding the 14-day development limit; and (5) creating new licensing categories for embryos with genetic material from more than two persons. Further amendments in 2019 and 2025 changed the review mechanisms from District Court to SACAT and then introduced the federal Administrative Review Tribunal as an alternative. The 2025 amendments also updated accreditation bodies. The Act has grown from a relatively straightforward excess embryo regime to a comprehensive framework covering synthetic embryos, hybrid entities, and complex multi-jurisdictional review pathways."},"complexity_factors":["Extensive cross-referencing with Commonwealth legislation (Research Involving Human Embryos Act 2002, Prohibition of Human Cloning for Reproduction Act 2002, NHMRC Act 1992)","Dual tribunal review system with complex jurisdictional rules determining whether federal Administrative Review Tribunal or state SACAT hears appeals","Multiple nested definitions including technical biological terms ('mitotic division', 'primitive streak', 'precursor cells') and relational concepts ('responsible person', 'proper consent', 'excess ART embryo')","Layered exceptions and exemptions in sections 5(2) and 5A-5B with multiple sub-paragraphs and cross-conditions","Conditional licensing requirements requiring satisfaction of multiple pre-conditions (HREC approval, consent protocols, NHMRC guidelines)","Inspector powers in Part 3 include 11 distinct powers with four different entry authorities (consent, reasonable time, warrant, immediate entry) and complex seizure/retention procedures","Sunset provision (section 37) that has already triggered, removing certain subsections but leaving legislative archaeology in the text","Regulation-making powers with disallowance requirements (section 36(4)) creating procedural complexity"],"plain_english_summary":"This South Australian law regulates scientific research involving human embryos and related biological material. It creates a licensing system run by a federal committee (the NHMRC Licensing Committee) that researchers must use to get permission before conducting certain activities.\n\n**What activities are controlled?**\nThe Act makes it a crime (punishable by up to 5 years in prison) to:\n- Use 'excess ART embryos' (leftover embryos from IVF treatment) for research without a licence\n- Create or use embryos made by methods other than standard fertilisation (such as using precursor cells or genetic material from more than two people)\n- Create or use 'hybrid embryos' (mixing human and animal genetic material)\n- Use human eggs for research involving fertilisation up to the first cell division\n- Breach any conditions of a research licence\n\n**Who needs a licence?**\nResearchers, fertility clinics, and scientists who want to:\n- Use excess IVF embryos for research\n- Create embryos using non-standard methods\n- Conduct training involving fertilisation of human eggs\n- Create hybrid embryos for specific purposes like testing sperm quality\n\n**How does the system work?**\n- Applications go to the NHMRC Licensing Committee (a federal body)\n- The Committee must check that proper consent has been obtained from everyone who provided genetic material\n- A Human Research Ethics Committee must approve the project first\n- Licences can be varied, suspended, or revoked if rules are broken\n- Inspectors can enter premises, examine records, and seize materials to check compliance\n\n**Key protections**\n- **Consent**: Everyone who provided eggs, sperm, or embryos must give 'proper consent' before use\n- **14-day limit**: Embryos cannot be developed beyond 14 days (excluding time when development is suspended)\n- **Transparency**: A public database shows who holds licences and what they're authorised to do\n- **Review**: Decisions can be appealed to either the federal Administrative Review Tribunal or the South Australian Civil and Administrative Tribunal (SACAT), depending on circumstances\n\n**Why it matters**\nThis law balances scientific progress with ethical boundaries. It allows potentially life-saving research (like stem cell research) while protecting the rights of people who donate genetic material and ensuring embryos aren't misused. It also ensures South Australia follows the same rules as other Australian states and the Commonwealth, creating a consistent national approach to a sensitive area of science."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Unable to assess scope change from original intent — the full legislative text was not retrievable due to a website error. Based on general knowledge, the Act has historically remained focused on its original purpose of regulating human embryo research, though amendments have periodically adjusted permitted research categories in line with scientific developments."},"complexity_factors":["Legislation content was not retrievable — analysis is based on general knowledge only, introducing uncertainty","Interplay between State and Commonwealth legislation of the same name creates jurisdictional complexity","Highly technical subject matter involving reproductive biology and medical research terminology","Ethical and regulatory framework balancing competing rights and interests (embryo status, research freedom, patient rights)","Licensing and compliance regime typically involves multiple regulatory bodies and conditions","Definitions of key terms (e.g. 'excess ART embryo', 'prohibited embryo') are legally precise and non-intuitive","Amendments over time may alter scope and permissions in ways that require careful version tracking"],"plain_english_summary":"The Research Involving Human Embryos Act 2003 (SA) regulates scientific and medical work using human embryos, aligning with the Commonwealth regime. It limits permissible embryo research, requires licensing by regulators, and prohibits creating embryos solely for research except where law allows.\n\nIt affects researchers, IVF clinics, universities and patients with stored embryos, balancing scientific progress with ethical and reproductive concerns."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act's scope was substantively altered by later amendments. The 2009 Statutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Act (commencing 7.5.2009) substituted the definition of \"human embryo\", inserted the definition of \"hybrid embryo\", added offences for use of other embryos and certain activities with human eggs (ss 5A, 5B), inserted s 7A, and added the 14‑day development cap at s 10(1a). Subsequent amendments changed review and appeal routes (replacement of the District Court appeal with SACAT in 2019 and insertion of the Administrative Review Tribunal provisions in 2025) and updated other technical provisions (e.g. accredited body references in 2025). These amendments expanded and clarified what kinds of embryo creation/use require licensing and adjusted administrative pathways and definitions that determine the Act’s coverage."},"complexity_factors":["Detailed, technical definitions (e.g. \"human embryo\", \"excess ART embryo\", \"hybrid embryo\", \"responsible person\") that determine what conduct is covered","Criminal offence framework with high penalties (up to 5 years) tied to licensing and specified exemptions (ss 5–7, 5A, 5B)","A central licensing regime administered by the NHMRC Licensing Committee with multiple conditionality and reporting requirements (Div 3; ss 10–18)","Interlocking reliance on external NHMRC guidelines and HREC approval for consent and ethics (ss 3 proper consent, 11(3)(c), 14(1))","Significant inspector powers (search, seize, copy electronic data, secure material) subject to consent, warrants and urgent-entry exceptions (Part 3; ss 23–27)","Confidentiality and public‑database tensions (ss 19–20): mandatory publication of licence details but protection for confidential commercial information","Administrative review and appeal pathways that interact with Commonwealth and State tribunals (s 22) and have been amended over time","Broad delegated and regulatory discretions (s 31 delegations; s 36 regulations) allowing detailed procedural rules to be set outside the Act","Multiple substantive amendments across years (notably 2009, 2019, 2025) that altered definitions, added offences and changed review routes, increasing interpretive complexity"],"plain_english_summary":"This Act creates a licensing and criminal regime controlling the creation, use and research of human embryos, excess ART embryos and human eggs. It makes intentional, unauthorised uses a criminal offence (penalties up to 5 years), requires proper consent and reporting, and empowers the NHMRC Licensing Committee to issue, vary, suspend and publish licences. It affects researchers, ART clinics, donors (\"responsible persons\"), inspectors and regulators because it determines when embryo work may lawfully proceed and what compliance, disclosure and inspection duties attach."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/research-involving-human-embryos-act-2003","history":"/api/acts/research-involving-human-embryos-act-2003/history","analysis":"/api/acts/research-involving-human-embryos-act-2003/analysis","conflicts":"/api/acts/research-involving-human-embryos-act-2003/conflicts","importantCases":"/api/acts/research-involving-human-embryos-act-2003/important-cases","documents":"/api/acts/research-involving-human-embryos-act-2003/documents"}}