{"id":"qld:act-2003-007","name":"Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003","slug":"research-involving-human-embryos-and-prohibition-of-human-cloning-for-reproduction-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"7 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":46776,"registerId":"qld-act-2003-007-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 .\ns 1 amd 2007 No. 45 s 4","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 6 , division 1 , commences on a day to be fixed by proclamation.\nPart 6 , division 1 , commences on whichever of the following days applies—\n5 April 2005;\nif the Council of Australian Governments declares an earlier day by notice in the gazette—that earlier day.\n(sec.2-ssec.1) This Act, other than part 6 , division 1 , commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) Part 6 , division 1 , commences on whichever of the following days applies— 5 April 2005; if the Council of Australian Governments declares an earlier day by notice in the gazette—that earlier day.\n- (a) 5 April 2005;\n- (b) if the Council of Australian Governments declares an earlier day by notice in the gazette—that earlier day.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Object of Act","content":"### sec.3 Object of Act\n\nThe object of this Act is to address concerns, including ethical concerns, about scientific developments in relation to human reproduction and the utilisation of human embryos—\nby prohibiting certain practices; and\nby regulating activities that involve the use of certain human embryos created by assisted reproductive technology or by other means.\ns 3 amd 2007 No. 45 s 5\n- (a) by prohibiting certain practices; and\n- (b) by regulating activities that involve the use of certain human embryos created by assisted reproductive technology or by other means.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\nFor the purposes of establishing that a human embryo clone is a genetic copy of a living or dead human—\nit is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and\nit is not necessary to establish that the copy is an identical genetic copy.\nFor the purposes of the definition human embryo in the schedule, 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.\nFor the purposes of the definition human embryo clone in the schedule, a human embryo that results from the technological process known as embryo splitting is taken not to be created by a process of fertilisation of a human egg by human sperm.\nA reference in this Act to an embryo (including a human embryo) is a reference to a living embryo.\nA reference in this Act to a human egg is a reference to a human oocyte.\nA reference in this Act to a human embryo does not include a reference to—\na hybrid embryo; or\na human embryonic stem cell line.\nThe following provisions of the Acts Interpretation Act 1954 do not apply to a reference to a spouse in this Act—\nsection 32DA (6)\nschedule 1 , definition spouse .\ns 5 amd 2007 No. 45 s 6 ; 2013 No. 39 s 110 (1) sch 3 pt 1\n(sec.5-ssec.1) The dictionary in the schedule defines particular words used in this Act.\n(sec.5-ssec.2) For the purposes of establishing that a human embryo clone is a genetic copy of a living or dead human— it is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and it is not necessary to establish that the copy is an identical genetic copy.\n(sec.5-ssec.3) For the purposes of the definition human embryo in the schedule, 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(sec.5-ssec.4) For the purposes of the definition human embryo clone in the schedule, a human embryo that results from the technological process known as embryo splitting is taken not to be created by a process of fertilisation of a human egg by human sperm.\n(sec.5-ssec.5) A reference in this Act to an embryo (including a human embryo) is a reference to a living embryo.\n(sec.5-ssec.6) A reference in this Act to a human egg is a reference to a human oocyte.\n(sec.5-ssec.7) A reference in this Act to a human embryo does not include a reference to— a hybrid embryo; or a human embryonic stem cell line.\n(sec.5-ssec.8) The following provisions of the Acts Interpretation Act 1954 do not apply to a reference to a spouse in this Act— section 32DA (6) schedule 1 , definition spouse .\n- (a) it is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and\n- (b) it is not necessary to establish that the copy is an identical genetic copy.\n- (a) a hybrid embryo; or\n- (b) a human embryonic stem cell line.\n- • section 32DA (6)\n- • schedule 1 , definition spouse .","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of reckless","content":"### sec.6 Meaning of reckless\n\nA person is reckless in relation to a circumstance if—\nthe person is aware of a substantial risk that the circumstance exists or will exist; and\nhaving regard to the circumstances known to the person, it is unjustifiable to take the risk.\nA person is reckless in relation to a result if—\nthe person is aware of a substantial risk that the result will happen; and\nhaving regard to the circumstances known to the person, it is unjustifiable to take the risk.\nIt is a question of fact as to whether taking a risk is unjustifiable.\n(sec.6-ssec.1) A person is reckless in relation to a circumstance if— the person is aware of a substantial risk that the circumstance exists or will exist; and having regard to the circumstances known to the person, it is unjustifiable to take the risk.\n(sec.6-ssec.2) A person is reckless in relation to a result if— the person is aware of a substantial risk that the result will happen; and having regard to the circumstances known to the person, it is unjustifiable to take the risk.\n(sec.6-ssec.3) It is a question of fact as to whether taking a risk is unjustifiable.\n- (a) the person is aware of a substantial risk that the circumstance exists or will exist; and\n- (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.\n- (a) the person is aware of a substantial risk that the result will happen; and\n- (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Prohibited practices","content":"# Prohibited practices","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Practices that are completely prohibited","content":"## Practices that are completely prohibited","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Offence—placing a human embryo clone in the human body or the body of an animal","content":"### sec.7 Offence—placing a human embryo clone in the human body or the body of an animal\n\nA person commits an offence if the person intentionally places a human embryo clone in the body of a human or the body of an animal.\nMaximum penalty—15 years imprisonment.\nIt is not a defence to an offence under subsection (1) that the human embryo clone did not survive or could not have survived.\nThe development of a human embryo (including a human embryo clone) outside the body of a woman for more than 14 days is prohibited by section 10 .\ns 7 sub 2007 No. 45 s 7\n(sec.7-ssec.1) A person commits an offence if the person intentionally places a human embryo clone in the body of a human or the body of an animal. Maximum penalty—15 years imprisonment.\n(sec.7-ssec.2) It is not a defence to an offence under subsection (1) that the human embryo clone did not survive or could not have survived. The development of a human embryo (including a human embryo clone) outside the body of a woman for more than 14 days is prohibited by section 10 .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Offence—creating a human embryo for a purpose other than achieving pregnancy in a woman","content":"### sec.8 Offence—creating a human embryo for a purpose other than achieving pregnancy in a woman\n\nA person commits an offence if the person intentionally creates a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman, unless the person’s intention in creating the embryo is to attempt to achieve pregnancy in a particular woman.\nMaximum penalty—15 years imprisonment.\nA defendant does not bear the burden of proving any matter in subsection (1) .\ns 8 sub 2007 No. 45 s 7\n(sec.8-ssec.1) A person commits an offence if the person intentionally creates a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman, unless the person’s intention in creating the embryo is to attempt to achieve pregnancy in a particular woman. Maximum penalty—15 years imprisonment.\n(sec.8-ssec.2) A defendant does not bear the burden of proving any matter in subsection (1) .","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Offence—creating or developing a human embryo by fertilisation that contains genetic material provided by more than 2 persons","content":"### sec.9 Offence—creating or developing a human embryo by fertilisation that contains genetic material provided by more than 2 persons\n\nA person commits an offence if—\nthe person intentionally creates or develops a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman; and\nthe human embryo contains genetic material provided by more than 2 persons.\nMaximum penalty—15 years imprisonment.\ns 9 sub 2007 No. 45 s 7\n- (a) the person intentionally creates or develops a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman; and\n- (b) the human embryo contains genetic material provided by more than 2 persons.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Offence—developing a human embryo outside the body of a woman for more than 14 days","content":"### sec.10 Offence—developing a human embryo outside the body of a woman for more than 14 days\n\nA person commits an offence if the person intentionally develops a human embryo outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended.\nMaximum penalty—15 years imprisonment.\ns 10 sub 2007 No. 45 s 7","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Offence—heritable alterations to genome","content":"### sec.11 Offence—heritable alterations to genome\n\nA person commits an offence if—\nthe person alters the genome of a human cell in such a way that the alteration is heritable by descendants of the human whose cell was altered; and\nin altering the genome, the person intended the alteration to be heritable by descendants of the human whose cell was altered.\nMaximum penalty—15 years imprisonment.\nIn this section—\nhuman cell includes a human embryonal cell, a human fetal cell, human sperm and a human egg.\ns 11 sub 2007 No. 45 s 7\n(sec.11-ssec.1) A person commits an offence if— the person alters the genome of a human cell in such a way that the alteration is heritable by descendants of the human whose cell was altered; and in altering the genome, the person intended the alteration to be heritable by descendants of the human whose cell was altered. Maximum penalty—15 years imprisonment.\n(sec.11-ssec.2) In this section— human cell includes a human embryonal cell, a human fetal cell, human sperm and a human egg.\n- (a) the person alters the genome of a human cell in such a way that the alteration is heritable by descendants of the human whose cell was altered; and\n- (b) in altering the genome, the person intended the alteration to be heritable by descendants of the human whose cell was altered.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Offence—collecting a viable human embryo from the body of a woman","content":"### sec.12 Offence—collecting a viable human embryo from the body of a woman\n\nA person commits an offence if the person removes a human embryo from the body of a woman, intending to collect a viable human embryo.\nMaximum penalty—15 years imprisonment.\ns 12 sub 2007 No. 45 s 7","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Offence—creating a chimeric embryo","content":"### sec.13 Offence—creating a chimeric embryo\n\nA person commits an offence if the person intentionally creates a chimeric embryo.\nMaximum penalty—15 years imprisonment.\ns 13 sub 2007 No. 45 s 7","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Offence—developing a hybrid embryo","content":"### sec.14 Offence—developing a hybrid embryo\n\nA person commits an offence if the person intentionally develops a hybrid embryo for a period of more than 14 days, excluding any period when development is suspended.\nMaximum penalty—15 years imprisonment.\ns 14 sub 2007 No. 45 s 7","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Offence—placing of an embryo","content":"### sec.15 Offence—placing of an embryo\n\nA person commits an offence if the person intentionally places a human embryo in an animal.\nMaximum penalty—15 years imprisonment.\nA person commits an offence if the person intentionally places a human embryo in the body of a human, other than in a woman’s reproductive tract.\nMaximum penalty—15 years imprisonment.\nA person commits an offence if the person intentionally places an animal embryo in the body of a human for any period of gestation.\nMaximum penalty—15 years imprisonment.\ns 15 sub 2007 No. 45 s 7\n(sec.15-ssec.1) A person commits an offence if the person intentionally places a human embryo in an animal. Maximum penalty—15 years imprisonment.\n(sec.15-ssec.2) A person commits an offence if the person intentionally places a human embryo in the body of a human, other than in a woman’s reproductive tract. Maximum penalty—15 years imprisonment.\n(sec.15-ssec.3) A person commits an offence if the person intentionally places an animal embryo in the body of a human for any period of gestation. Maximum penalty—15 years imprisonment.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Offence—placing a prohibited embryo","content":"### sec.16 Offence—placing a prohibited embryo\n\nA person commits an offence if the person intentionally places an embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo.\nMaximum penalty—15 years imprisonment.\nIn this section—\nprohibited embryo means—\na human embryo created by a process other than the fertilisation of a human egg by human sperm; or\na human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or\na human embryo that contains genetic material provided by more than 2 persons; or\na human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended; or\na human embryo created using precursor cells taken from a human embryo or a human fetus; or\na human embryo that contains a human cell (within the meaning of section 11 ) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or\na human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or\na chimeric embryo or a hybrid embryo.\ns 16 sub 2007 No. 45 s 7\n(sec.16-ssec.1) A person commits an offence if the person intentionally places an embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo. Maximum penalty—15 years imprisonment.\n(sec.16-ssec.2) In this section— prohibited embryo means— a human embryo created by a process other than the fertilisation of a human egg by human sperm; or a human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or a human embryo that contains genetic material provided by more than 2 persons; or a human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended; or a human embryo created using precursor cells taken from a human embryo or a human fetus; or a human embryo that contains a human cell (within the meaning of section 11 ) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or a chimeric embryo or a hybrid embryo.\n- (a) a human embryo created by a process other than the fertilisation of a human egg by human sperm; or\n- (b) a human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or\n- (c) a human embryo that contains genetic material provided by more than 2 persons; or\n- (d) a human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended; or\n- (e) a human embryo created using precursor cells taken from a human embryo or a human fetus; or\n- (f) a human embryo that contains a human cell (within the meaning of section 11 ) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or\n- (g) a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or\n- (h) a chimeric embryo or a hybrid embryo.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Offence—commercial trading in human eggs, human sperm or human embryos","content":"### sec.17 Offence—commercial trading in human eggs, human sperm or human embryos\n\nA person commits an offence if the person intentionally gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo.\nMaximum penalty—15 years imprisonment.\nA person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo.\nMaximum penalty—15 years imprisonment.\nIn this section—\nreasonable expenses —\nin relation to the supply of a human egg or human sperm—includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and\nin relation to the supply of a human embryo—\ndoes not include any expenses incurred by a person before the time when the embryo became an excess ART embryo within the meaning of section 22 ; and\nincludes, but is not limited to, expenses relating to the storage or transport of the embryo.\nvaluable consideration , in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.\ns 17 sub 2007 No. 45 s 7\n(sec.17-ssec.1) A person commits an offence if the person intentionally gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo. Maximum penalty—15 years imprisonment.\n(sec.17-ssec.2) A person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo. Maximum penalty—15 years imprisonment.\n(sec.17-ssec.3) In this section— reasonable expenses — in relation to the supply of a human egg or human sperm—includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and in relation to the supply of a human embryo— does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo within the meaning of section 22 ; and includes, but is not limited to, expenses relating to the storage or transport of the embryo. valuable consideration , in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.\n- (a) in relation to the supply of a human egg or human sperm—includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and\n- (b) in relation to the supply of a human embryo— (i) does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo within the meaning of section 22 ; and (ii) includes, but is not limited to, expenses relating to the storage or transport of the embryo.\n- (i) does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo within the meaning of section 22 ; and\n- (ii) includes, but is not limited to, expenses relating to the storage or transport of the embryo.\n- (i) does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo within the meaning of section 22 ; and\n- (ii) includes, but is not limited to, expenses relating to the storage or transport of the embryo.","sortOrder":19},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Practices that are prohibited unless authorised by a licence","content":"## Practices that are prohibited unless authorised by a licence","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Offence—creating a human embryo other than by fertilisation, or developing such an embryo","content":"### sec.18 Offence—creating a human embryo other than by fertilisation, or developing such an embryo\n\nA person commits an offence if—\nthe person intentionally creates a human embryo by a process other than the fertilisation of a human egg by a human sperm, or develops a human embryo so created; and\nthe creation or development of the human embryo by the person is not authorised by a licence.\nMaximum penalty—10 years imprisonment.\nThe development of a human embryo outside the body of a woman for more than 14 days is prohibited by section 10 .\nThe placement in the body of a woman of a human embryo clone, or any other human embryo created other than by the fertilisation of a human egg by a human sperm, is prohibited by sections 7 and 16 .\ns 18 sub 2007 No. 45 s 7\n- (a) the person intentionally creates a human embryo by a process other than the fertilisation of a human egg by a human sperm, or develops a human embryo so created; and\n- (b) the creation or development of the human embryo by the person is not authorised by a licence.\n- 1 The development of a human embryo outside the body of a woman for more than 14 days is prohibited by section 10 .\n- 2 The placement in the body of a woman of a human embryo clone, or any other human embryo created other than by the fertilisation of a human egg by a human sperm, is prohibited by sections 7 and 16 .","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Offence—creating or developing a human embryo containing genetic material provided by more than 2 persons","content":"### sec.19 Offence—creating or developing a human embryo containing genetic material provided by more than 2 persons\n\nA person commits an offence if—\nthe person intentionally creates or develops a human embryo by a process other than the fertilisation of a human egg by a human sperm; and\nthe human embryo contains genetic material provided by more than 2 persons; and\nthe creation or development of the human embryo by the person is not authorised by a licence.\nMaximum penalty—10 years imprisonment.\nThe development of a human embryo outside the body of a woman for more than 14 days is prohibited by section 10 .\nThe placement in the body of a woman of a human embryo created other than by the fertilisation of a human egg by a human sperm, is prohibited by section 16 .\ns 19 sub 2007 No. 45 s 7\n- (a) the person intentionally creates or develops a human embryo by a process other than the fertilisation of a human egg by a human sperm; and\n- (b) the human embryo contains genetic material provided by more than 2 persons; and\n- (c) the creation or development of the human embryo by the person is not authorised by a licence.\n- 1 The development of a human embryo outside the body of a woman for more than 14 days is prohibited by section 10 .\n- 2 The placement in the body of a woman of a human embryo created other than by the fertilisation of a human egg by a human sperm, is prohibited by section 16 .","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Offence—using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such an embryo","content":"### sec.20 Offence—using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such an embryo\n\nA person commits an offence if—\nthe person uses precursor cells taken from a human embryo or a human fetus, intending to create a human embryo, or intentionally develops an embryo so created; and\nthe person engages in activities mentioned in paragraph (a) without being authorised by a licence, and the person knows or is reckless as to that fact.\nMaximum penalty—10 years imprisonment.\ns 20 sub 2007 No. 45 s 7\n- (a) the person uses precursor cells taken from a human embryo or a human fetus, intending to create a human embryo, or intentionally develops an embryo so created; and\n- (b) the person engages in activities mentioned in paragraph (a) without being authorised by a licence, and the person knows or is reckless as to that fact.","sortOrder":23},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Offence—creating a hybrid embryo","content":"### sec.20A Offence—creating a hybrid embryo\n\nA person commits an offence if the person intentionally creates a hybrid embryo.\nMaximum penalty—10 years imprisonment.\nA person commits an offence if the person intentionally develops a hybrid embryo.\nMaximum penalty—10 years imprisonment.\nA person does not commit an offence against subsection (1) or (2) if the creation or development of the hybrid embryo by the person is authorised by a licence.\nA licence to create or use a hybrid embryo can only be issued under section 29 for the purposes of testing sperm quality in an accredited ART centre up to, but not including, the first mitotic division.\ns 20A ins 2007 No. 45 s 7\n(sec.20A-ssec.1) A person commits an offence if the person intentionally creates a hybrid embryo. Maximum penalty—10 years imprisonment.\n(sec.20A-ssec.2) A person commits an offence if the person intentionally develops a hybrid embryo. Maximum penalty—10 years imprisonment.\n(sec.20A-ssec.3) A person does not commit an offence against subsection (1) or (2) if the creation or development of the hybrid embryo by the person is authorised by a licence. A licence to create or use a hybrid embryo can only be issued under section 29 for the purposes of testing sperm quality in an accredited ART centre up to, but not including, the first mitotic division.","sortOrder":24},{"sectionNumber":"pt.3","sectionType":"part","heading":"Regulation of the use of excess ART embryos, other embryos and human eggs","content":"# Regulation of the use of excess ART embryos, other embryos and human eggs","sortOrder":25},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.21 Definitions for pt 3\n\nIn this part—\naccredited ART centre means an entity accredited to carry out assisted reproductive technology by an entity prescribed under a regulation.\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 has the meaning given by section 22 .\nHREC means a Human Research Ethics Committee.\nlicence means a licence issued under section 29 .\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 CEO of the NHMRC under the National Health and Medical Research Council Act 1992 (Cwlth) and prescribed under a regulation for the purposes of this definition.\ns 21 def proper consent amd 2006 No. 25 s 241 (2) sch 4\nsub 2007 No. 45 s 9 (2) – (3)\nrelevant State body means the person or body notified by the State to the chairperson of the NHMRC Licensing Committee for the purposes of the Commonwealth Act, part 2 .\nresponsible person means—\nin relation to an excess ART embryo—\neach person who provided the egg or sperm from which the embryo was created; and\nthe woman for whom the embryo was created, for the purpose of achieving her pregnancy; and\nany 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\nany person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or\nin 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\nin relation to a human egg—the woman who was the biological donor of the egg.\ns 21 def responsible person sub 2007 No. 45 s 9 (2) – (3)\ns 21 amd 2007 No. 45 s 9 (1)\n- (a) in relation to an excess ART embryo— (i) each person who provided the egg or sperm from which the embryo was created; and (ii) the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and (iii) any 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 (iv) any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or\n- (i) each person who provided the egg or sperm from which the embryo was created; and\n- (ii) the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and\n- (iii) any 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- (iv) any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or\n- (b) in 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- (c) in relation to a human egg—the woman who was the biological donor of the egg.\n- (i) each person who provided the egg or sperm from which the embryo was created; and\n- (ii) the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and\n- (iii) any 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- (iv) any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meaning of excess ART embryo","content":"### sec.22 Meaning of excess ART embryo\n\nIn this part—\nexcess ART embryo means a human embryo that—\nwas created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and\nis excess to the needs of—\nthe woman for whom it was created; and\nher spouse (if any) at the time the embryo was created.\nFor the purposes of paragraph (b) of the definition excess ART embryo , a human embryo is excess to the needs of the persons mentioned in that paragraph at a particular time if—\neach 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\neach such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time.\n(sec.22-ssec.1) In this part— excess ART embryo means a human embryo that— was created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and is excess to the needs of— the woman for whom it was created; and her spouse (if any) at the time the embryo was created.\n(sec.22-ssec.2) For the purposes of paragraph (b) of the definition excess ART embryo , a human embryo is excess to the needs of the persons mentioned in that paragraph at a particular time if— each 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 each such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time.\n- (a) was created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and\n- (b) is excess to the needs of— (i) the woman for whom it was created; and (ii) her spouse (if any) at the time the embryo was created.\n- (i) the woman for whom it was created; and\n- (ii) her spouse (if any) at the time the embryo was created.\n- (i) the woman for whom it was created; and\n- (ii) her spouse (if any) at the time the embryo was created.\n- (a) each 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- (b) each such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time.","sortOrder":28},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Offence—use of excess ART embryo","content":"### sec.23 Offence—use of excess ART embryo\n\nA person commits an offence if the person intentionally uses an excess ART embryo, unless—\nthe use by the person is authorised by a licence; or\nthe use by the person is an exempt use within the meaning of subsection (2) .\nMaximum penalty—5 years imprisonment.\nA use of an excess ART embryo by a person is an exempt use for the purposes of subsection (1) if—\nthe use consists only of—\nstorage of the excess ART embryo; or\nremoval of the excess ART embryo from storage; or\ntransport of the excess ART embryo; or\nthe use consists only of observation of the excess ART embryo; or\nthe use consists only of allowing the excess ART embryo to succumb; or\nthe use is carried out by an accredited ART centre, and—\nthe 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\nthe 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\nthe use is carried out by an accredited ART centre and is for the purposes of achieving pregnancy in a woman other than the woman for whom the excess ART embryo was created; or\nthe use is of a kind prescribed under a regulation for the purposes of this paragraph.\nA defendant does not bear the burden of proving any matter in subsection (1) or (2) .\nIn this section—\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.\ns 23 amd 2007 No. 45 s 10\n(sec.23-ssec.1) A person commits an offence if the person intentionally uses an excess ART embryo, unless— the use by the person is authorised by a licence; or the use by the person is an exempt use within the meaning of subsection (2) . Maximum penalty—5 years imprisonment.\n(sec.23-ssec.2) A use of an excess ART embryo by a person is an exempt use for the purposes of subsection (1) if— the use consists only of— storage of the excess ART embryo; or removal of the excess ART embryo from storage; or transport of the excess ART embryo; or the use consists only of observation of the excess ART embryo; or the use consists only of allowing the excess ART embryo to succumb; or the use is carried out by an accredited ART centre, and— the 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 the 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 the use is carried out by an accredited ART centre and is for the purposes of achieving pregnancy in a woman other than the woman for whom the excess ART embryo was created; or the use is of a kind prescribed under a regulation for the purposes of this paragraph.\n(sec.23-ssec.3) A defendant does not bear the burden of proving any matter in subsection (1) or (2) .\n(sec.23-ssec.4) In this section— diagnostic 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. observation , 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.\n- (a) the use by the person is authorised by a licence; or\n- (b) the use by the person is an exempt use within the meaning of subsection (2) .\n- (a) the use consists only of— (i) storage of the excess ART embryo; or (ii) removal of the excess ART embryo from storage; or (iii) transport of the excess ART embryo; or\n- (i) storage of the excess ART embryo; or\n- (ii) removal of the excess ART embryo from storage; or\n- (iii) transport of the excess ART embryo; or\n- (b) the use consists only of observation of the excess ART embryo; or\n- (c) the use consists only of allowing the excess ART embryo to succumb; or\n- (d) the use is carried out by an accredited ART centre, and— (i) the 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 (ii) the 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- (i) the 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- (ii) the 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- (e) the use is carried out by an accredited ART centre 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- (f) the use is of a kind prescribed under a regulation for the purposes of this paragraph.\n- (i) storage of the excess ART embryo; or\n- (ii) removal of the excess ART embryo from storage; or\n- (iii) transport of the excess ART embryo; or\n- (i) the 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- (ii) the 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","sortOrder":30},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Offence—use of other embryos","content":"### sec.23A Offence—use of other embryos\n\nA person commits an offence if—\nthe person intentionally uses an embryo; and\nthe embryo is—\na human embryo created by a process other than the fertilisation of a human egg by a human sperm; or\na 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\na human embryo created using precursor cells taken from a human embryo or a human fetus; or\na hybrid embryo; and\nthe use by the person is not authorised by a licence.\nMaximum penalty—5 years imprisonment.\nThe creation or development of embryos mentioned in this section is prohibited under part 2 , unless authorised by a licence.\ns 23A ins 2007 No. 45 s 11\n- (a) the person intentionally uses an embryo; and\n- (b) the embryo is— (i) a human embryo created by a process other than the fertilisation of a human egg by a human sperm; or (ii) a 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 (iii) a human embryo created using precursor cells taken from a human embryo or a human fetus; or (iv) a hybrid embryo; and\n- (i) a human embryo created by a process other than the fertilisation of a human egg by a human sperm; or\n- (ii) a 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- (iii) a human embryo created using precursor cells taken from a human embryo or a human fetus; or\n- (iv) a hybrid embryo; and\n- (c) the use by the person is not authorised by a licence.\n- (i) a human embryo created by a process other than the fertilisation of a human egg by a human sperm; or\n- (ii) a 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- (iii) a human embryo created using precursor cells taken from a human embryo or a human fetus; or\n- (iv) a hybrid embryo; and","sortOrder":31},{"sectionNumber":"sec.23B","sectionType":"section","heading":"Offence—certain activities involving use of human eggs","content":"### sec.23B Offence—certain activities involving use of human eggs\n\nA person commits an offence if—\nthe 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\nthe person is not authorised by a licence to undertake the research or training.\nMaximum penalty—5 years imprisonment.\ns 23B ins 2007 No. 45 s 11\n- (a) the 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- (b) the person is not authorised by a licence to undertake the research or training.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Offence—use of embryo that is not an excess ART embryo","content":"### sec.24 Offence—use of embryo that is not an excess ART embryo\n\nA person commits an offence if—\nthe person intentionally uses, outside the body of a woman, a human embryo—\nthat was created by fertilisation of a human egg by a human sperm; and\nthat is not an excess ART embryo; and\nthe use is not for a purpose relating to the assisted reproductive technology treatment of a woman carried out by an accredited ART centre, and the person knows or is reckless as to that fact.\nMaximum penalty—5 years imprisonment.\ns 24 amd 2007 No. 45 s 12\n- (a) the person intentionally uses, outside the body of a woman, a human embryo— (i) that was created by fertilisation of a human egg by a human sperm; and (ii) that is not an excess ART embryo; and\n- (i) that was created by fertilisation of a human egg by a human sperm; and\n- (ii) that is not an excess ART embryo; and\n- (b) the use is not for a purpose relating to the assisted reproductive technology treatment of a woman carried out by an accredited ART centre, and the person knows or is reckless as to that fact.\n- (i) that was created by fertilisation of a human egg by a human sperm; and\n- (ii) that is not an excess ART embryo; and","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Offence—breaching a licence condition","content":"### sec.25 Offence—breaching a licence condition\n\nA 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, or reckless as to whether the conduct contravenes a condition of such a licence.\nMaximum penalty—5 years imprisonment.\nIn this section—\nengage in conduct means—\ndo an act; or\nomit to perform an act.\n(sec.25-ssec.1) A 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, or reckless as to whether the conduct contravenes a condition of such a licence. Maximum penalty—5 years imprisonment.\n(sec.25-ssec.2) In this section— engage in conduct means— do an act; or omit to perform an act.\n- (a) do an act; or\n- (b) omit to perform an act.","sortOrder":34},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Person not liable for conduct purportedly authorised","content":"### sec.25A Person not liable for conduct purportedly authorised\n\nTo avoid any doubt, it is declared that a person is not criminally responsible for an offence against this part, or section 50 (1) to the extent the attempt relates to an offence against this part, in respect of particular conduct if—\nthe conduct by the person is purportedly authorised by a provision of a licence; and\nthe licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and\nthe person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision.\nIn this section—\nlicence includes a purported licence.\ns 25A ins 2007 No. 45 s 13\n(sec.25A-ssec.1) To avoid any doubt, it is declared that a person is not criminally responsible for an offence against this part, or section 50 (1) to the extent the attempt relates to an offence against this part, in respect of particular conduct if— the conduct by the person is purportedly authorised by a provision of a licence; and the licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and the person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision.\n(sec.25A-ssec.2) In this section— licence includes a purported licence.\n- (a) the conduct by the person is purportedly authorised by a provision of a licence; and\n- (b) the licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and\n- (c) the person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision.","sortOrder":35},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Embryo Research Licensing Committee of the NHMRC","content":"## Embryo Research Licensing Committee of the NHMRC","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Functions of committee","content":"### sec.26 Functions of committee\n\nThe functions of the NHMRC Licensing Committee are—\nto perform functions in relation to licences under division 4 ; and\nto perform functions in relation to databases under division 5 ; and\nto perform such other functions as are conferred on it by this Act or any other law.\n- (a) to perform functions in relation to licences under division 4 ; and\n- (b) to perform functions in relation to databases under division 5 ; and\n- (c) to perform such other functions as are conferred on it by this Act or any other law.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Powers of committee","content":"### sec.27 Powers of committee\n\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 under this Act.","sortOrder":38},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Licensing system","content":"## Licensing system","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Person may apply for licence","content":"### sec.28 Person may apply for licence\n\nA person may apply to the NHMRC Licensing Committee for a licence authorising one or more of the following—\nuse of excess ART embryos;\ncreation of human embryos other than by fertilisation of a human egg by a human sperm, and use of such embryos;\ncreation 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;\ncreation of human embryos using precursor cells from a human embryo or a human fetus, and use of such embryos;\nresearch 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;\ncreation 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—\nthe creation or use is for the purposes of testing sperm quality; and\nthe creation or use will occur in an accredited ART centre.\nTo avoid any doubt, it is declared that subsection (1) (a) , (b) , (c) or (d) does 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.\nAn application under subsection (1) —\nmust be made in accordance with the requirements (if any) specified in writing by the NHMRC Licensing Committee; and\nmust be accompanied by the fee (if any) prescribed under a regulation.\ns 28 amd 2007 No. 45 s 14\n(sec.28-ssec.1) A person may apply to the NHMRC Licensing Committee for a licence authorising one or more of the following— use of excess ART embryos; creation of human embryos other than by fertilisation of a human egg by a human sperm, and use of such embryos; creation 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; creation of human embryos using precursor cells from a human embryo or a human fetus, and use of such embryos; research 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; creation 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— the creation or use is for the purposes of testing sperm quality; and the creation or use will occur in an accredited ART centre.\n(sec.28-ssec.1A) To avoid any doubt, it is declared that subsection (1) (a) , (b) , (c) or (d) does 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(sec.28-ssec.2) An application under subsection (1) — must be made in accordance with the requirements (if any) specified in writing by the NHMRC Licensing Committee; and must be accompanied by the fee (if any) prescribed under a regulation.\n- (a) use of excess ART embryos;\n- (b) creation of human embryos other than by fertilisation of a human egg by a human sperm, and use of such embryos;\n- (c) creation 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- (d) creation of human embryos using precursor cells from a human embryo or a human fetus, and use of such embryos;\n- (e) research 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- (f) creation 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— (i) the creation or use is for the purposes of testing sperm quality; and (ii) the creation or use will occur in an accredited ART centre.\n- (i) the creation or use is for the purposes of testing sperm quality; and\n- (ii) the creation or use will occur in an accredited ART centre.\n- (i) the creation or use is for the purposes of testing sperm quality; and\n- (ii) the creation or use will occur in an accredited ART centre.\n- (a) must be made in accordance with the requirements (if any) specified in writing by the NHMRC Licensing Committee; and\n- (b) must be accompanied by the fee (if any) prescribed under a regulation.","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Determination of application by committee","content":"### sec.29 Determination of application by committee\n\nThis section applies if a person has made an application under section 28 for a licence.\nThe NHMRC Licensing Committee must decide, in accordance with this section, whether or not to issue the licence.\nThe NHMRC Licensing Committee must not issue the licence unless it is satisfied of the following—\nthat appropriate protocols are in place—\nto 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 (see section 32 (1) (a) ); and\nto enable compliance with any restrictions on such consent;\nthat 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.\nIn deciding whether to issue the licence, the NHMRC Licensing Committee must have regard to the following—\nrestricting 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;\nthe 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;\nany relevant guidelines, or relevant parts of guidelines, issued by the NHMRC under the National Health and Medical Research Council Act 1992 (Cwlth) and prescribed under a regulation for the purposes of this paragraph;\nthe HREC assessment of the application mentioned in subsection (3) (c) ;\nsuch additional matters (if any) as are prescribed by a regulation.\ns 29 amd 2003 No. 7 s 55 (1) ; 2007 No. 45 s 15\n(sec.29-ssec.1) This section applies if a person has made an application under section 28 for a licence.\n(sec.29-ssec.2) The NHMRC Licensing Committee must decide, in accordance with this section, whether or not to issue the licence.\n(sec.29-ssec.3) The NHMRC Licensing Committee must not issue the licence unless it is satisfied of the following— that appropriate protocols are in place— to 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 (see section 32 (1) (a) ); and to enable compliance with any restrictions on such consent; 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.\n(sec.29-ssec.4) In deciding whether to issue the licence, the NHMRC Licensing Committee must have regard to the following— restricting 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; the 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; any relevant guidelines, or relevant parts of guidelines, issued by the NHMRC under the National Health and Medical Research Council Act 1992 (Cwlth) and prescribed under a regulation for the purposes of this paragraph; the HREC assessment of the application mentioned in subsection (3) (c) ; such additional matters (if any) as are prescribed by a regulation.\n- (a) that appropriate protocols are in place— (i) to 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 (see section 32 (1) (a) ); and (ii) to enable compliance with any restrictions on such consent;\n- (i) to 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 (see section 32 (1) (a) ); and\n- (ii) to enable compliance with any restrictions on such consent;\n- (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.\n- (i) to 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 (see section 32 (1) (a) ); and\n- (ii) to enable compliance with any restrictions on such consent;\n- (a) restricting 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- (b) the 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- (c) any relevant guidelines, or relevant parts of guidelines, issued by the NHMRC under the National Health and Medical Research Council Act 1992 (Cwlth) and prescribed under a regulation for the purposes of this paragraph;\n- (d) the HREC assessment of the application mentioned in subsection (3) (c) ;\n- (e) such additional matters (if any) as are prescribed by a regulation.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Notification of decision","content":"### sec.30 Notification of decision\n\nThe NHMRC Licensing Committee must notify its decision on an application for a licence under section 28 to the following—\nthe applicant;\nthe HREC that assessed and approved the activity or project proposed in the application as mentioned in section 29 (3) (c) ;\nthe relevant State body.\nIf 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) .\n(sec.30-ssec.1) The NHMRC Licensing Committee must notify its decision on an application for a licence under section 28 to the following— the applicant; the HREC that assessed and approved the activity or project proposed in the application as mentioned in section 29 (3) (c) ; the relevant State body.\n(sec.30-ssec.2) If 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) .\n- (a) the applicant;\n- (b) the HREC that assessed and approved the activity or project proposed in the application as mentioned in section 29 (3) (c) ;\n- (c) the relevant State body.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Period of licence","content":"### sec.31 Period of licence\n\nA licence—\ncomes into force on the day specified in the licence, or if no day is specified, on the day on which it is issued; and\nremains in force until the day specified in the licence, unless it is suspended, revoked or surrendered before that day.\nA licence is not in force throughout any period of suspension.\n(sec.31-ssec.1) A licence— comes into force on the day specified in the licence, or if no day is specified, on the day on which it is issued; and remains in force until the day specified in the licence, unless it is suspended, revoked or surrendered before that day.\n(sec.31-ssec.2) A licence is not in force throughout any period of suspension.\n- (a) comes 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- (b) remains in force until the day specified in the licence, unless it is suspended, revoked or surrendered before that day.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Licence is subject to conditions","content":"### sec.32 Licence is subject to conditions\n\nA 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—\neach 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\nthe 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.\nA 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.\nA licence is subject to such other conditions as are specified in the licence.\nThe conditions specified in the licence may include, but are not limited to, conditions relating to the following—\nthe persons authorised by the licence to use excess ART embryos or human eggs, or create or use other embryos;\nthe 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;\nreporting;\nmonitoring;\ninformation 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.\nThe licence conditions set out in subsections (1) and (2) 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.\nLicence conditions specified in the licence apply to—\nthe licence holder; and\nsuch 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.\nFor the purposes of applying the condition referred to in subsection (1) (a) —\na licence may provide that the guidelines referred to in the definition 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\nif a licence so provides, the guidelines as modified by the licence have effect in relation to the giving of consent for the use, under the licence, of the excess ART embryos.\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.\ns 32 amd 2003 No. 7 s 55 (2) ; 2007 No. 45 s 16\n(sec.32-ssec.1) A 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— each 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 the 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(sec.32-ssec.2) A 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(sec.32-ssec.4) A licence is subject to such other conditions as are specified in the licence.\n(sec.32-ssec.5) The conditions specified in the licence may include, but are not limited to, conditions relating to the following— the persons authorised by the licence to use excess ART embryos or human eggs, or create or use other embryos; the 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; reporting; monitoring; information 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(sec.32-ssec.6) The licence conditions set out in subsections (1) and (2) 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(sec.32-ssec.7) Licence conditions specified in the licence apply to— the licence holder; and such 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(sec.32-ssec.8) For the purposes of applying the condition referred to in subsection (1) (a) — a licence may provide that the guidelines referred to in the definition 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 if a licence so provides, the guidelines as modified by the licence have effect in relation to the giving of consent for the use, under the licence, of the excess ART embryos. For 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.\n- (a) each 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- (b) the 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- (a) the persons authorised by the licence to use excess ART embryos or human eggs, or create or use other embryos;\n- (b) the 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- (c) reporting;\n- (d) monitoring;\n- (e) information 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- (a) the licence holder; and\n- (b) such 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- (a) a licence may provide that the guidelines referred to in the definition 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- (b) if a licence so provides, the guidelines as modified by the licence have effect in relation to the giving of consent for the use, under the licence, of the excess ART embryos. Note— For 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.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Variation of licence","content":"### sec.33 Variation of licence\n\nThe 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.\nThe NHMRC Licensing Committee may vary a licence under subsection (1) on its own initiative or on application by the licence holder.\nWithout limiting subsection (1) , the NHMRC Licensing Committee may vary the licence by specifying additional conditions or varying existing conditions.\nThe NHMRC Licensing Committee must not vary a licence in such a way that, had a person applied under section 28 for the licence as varied, the committee would not have been permitted by this part to issue the licence.\n(sec.33-ssec.1) The 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(sec.33-ssec.2) The NHMRC Licensing Committee may vary a licence under subsection (1) on its own initiative or on application by the licence holder.\n(sec.33-ssec.3) Without limiting subsection (1) , the NHMRC Licensing Committee may vary the licence by specifying additional conditions or varying existing conditions.\n(sec.33-ssec.4) The NHMRC Licensing Committee must not vary a licence in such a way that, had a person applied under section 28 for the licence as varied, the committee would not have been permitted by this part to issue the licence.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Suspension or revocation of licence","content":"### sec.34 Suspension or revocation of licence\n\nThe 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.\nIf a licence holder is convicted of an offence under this Act, the NHMRC Licensing Committee must, by notice in writing given to the licence holder, revoke each licence held by the licence holder.\n(sec.34-ssec.1) The 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(sec.34-ssec.2) If a licence holder is convicted of an offence under this Act, the NHMRC Licensing Committee must, by notice in writing given to the licence holder, revoke each licence held by the licence holder.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Surrender of licence","content":"### sec.35 Surrender of licence\n\nA licence holder may surrender a licence by written notice given to the NHMRC Licensing Committee.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Notification of variation, suspension or revocation of licence","content":"### sec.36 Notification of variation, suspension or revocation of licence\n\nIf the NHMRC Licensing Committee varies, suspends or revokes a licence, the committee must notify—\nthe licence holder; and\nthe HREC and the relevant State body.\nThe NHMRC Licensing Committee must also notify the bodies mentioned in subsection (1) (b) if a licence is surrendered.\n(sec.36-ssec.1) If the NHMRC Licensing Committee varies, suspends or revokes a licence, the committee must notify— the licence holder; and the HREC and the relevant State body.\n(sec.36-ssec.2) The NHMRC Licensing Committee must also notify the bodies mentioned in subsection (1) (b) if a licence is surrendered.\n- (a) the licence holder; and\n- (b) the HREC and the relevant State body.","sortOrder":48},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Reporting and confidentiality","content":"## Reporting and confidentiality","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"NHMRC Licensing Committee to make certain information publicly available","content":"### sec.37 NHMRC Licensing Committee to make certain information publicly available\n\nThe NHMRC Licensing Committee must maintain a database containing the following information in relation to each licence (including a licence as varied)—\nthe name of the person to whom the licence was issued;\na short statement about the nature of the uses of excess ART embryos or human eggs, or creation or uses of other embryos, that are authorised by the licence;\nany conditions to which the licence is subject;\nthe 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;\nthe date on which the licence was issued;\nthe period throughout which the licence is to remain in force.\nThe database is to be made publicly available.\nThe database may be kept and made publicly available in electronic form.\nInformation mentioned in subsection (1) must not be such as to disclose confidential commercial information.\nThe database may form part of the database maintained by the NHMRC Licensing Committee under the Commonwealth Act, section 29 .\ns 37 amd 2007 No. 45 s 17\n(sec.37-ssec.1) The NHMRC Licensing Committee must maintain a database containing the following information in relation to each licence (including a licence as varied)— the name of the person to whom the licence was issued; a short statement about the nature of the uses of excess ART embryos or human eggs, or creation or uses of other embryos, that are authorised by the licence; any conditions to which the licence is subject; the 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; the date on which the licence was issued; the period throughout which the licence is to remain in force.\n(sec.37-ssec.2) The database is to be made publicly available.\n(sec.37-ssec.3) The database may be kept and made publicly available in electronic form.\n(sec.37-ssec.4) Information mentioned in subsection (1) must not be such as to disclose confidential commercial information.\n(sec.37-ssec.5) The database may form part of the database maintained by the NHMRC Licensing Committee under the Commonwealth Act, section 29 .\n- (a) the name of the person to whom the licence was issued;\n- (b) a short statement about the nature of the uses of excess ART embryos or human eggs, or creation or uses of other embryos, that are authorised by the licence;\n- (c) any conditions to which the licence is subject;\n- (d) the 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- (e) the date on which the licence was issued;\n- (f) the period throughout which the licence is to remain in force.","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Confidential commercial information may only be disclosed in certain circumstances","content":"### sec.38 Confidential commercial information may only be disclosed in certain circumstances\n\nA person commits an offence if—\nthe person discloses confidential commercial information that the person has only because of performing duties or functions under this part, or under this part and the Commonwealth Act; and\nthe person knows that the information is confidential commercial information; and\nthe disclosure is not made—\nfor the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or\nby order of a court; or\nwith the consent of each person to whom the information has a commercial or other value.\nMaximum penalty—2 years imprisonment.\nA person commits an offence if—\nthe person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and\nthe person knows that the information is confidential commercial information; and\nthe disclosure is not made—\nfor the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or\nby order of a court; or\nwith the consent of each person to whom the information has a commercial or other value.\nMaximum penalty—2 years imprisonment.\nIn this section—\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—\na State;\na Minister of a State;\na department or a department of Government of another State;\nan instrumentality of a State, including a body corporate established for a public purpose under a law of a State;\na company in which a controlling interest is held by any 1 of the following persons, or by 2 or more of the following persons together—\na State;\na Minister of a State, or a State instrumentality mentioned in paragraph (d) ;\na person or body covered by subparagraph (i) or (ii) .\n(sec.38-ssec.1) A person commits an offence if— the person discloses confidential commercial information that the person has only because of performing duties or functions under this part, or under this part and the Commonwealth Act; and the person knows that the information is confidential commercial information; and the disclosure is not made— for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or by order of a court; or with the consent of each person to whom the information has a commercial or other value. Maximum penalty—2 years imprisonment.\n(sec.38-ssec.2) A person commits an offence if— the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and the person knows that the information is confidential commercial information; and the disclosure is not made— for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or by order of a court; or with the consent of each person to whom the information has a commercial or other value. Maximum penalty—2 years imprisonment.\n(sec.38-ssec.3) In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. State agency means the following— a State; a Minister of a State; a department or a department of Government of another State; an instrumentality of a State, including a body corporate established for a public purpose under a law of a State; a company in which a controlling interest is held by any 1 of the following persons, or by 2 or more of the following persons together— a State; a Minister of a State, or a State instrumentality mentioned in paragraph (d) ; a person or body covered by subparagraph (i) or (ii) .\n- (a) the person discloses confidential commercial information that the person has only because of performing duties or functions under this part, or under this part and the Commonwealth Act; and\n- (b) the person knows that the information is confidential commercial information; and\n- (c) the disclosure is not made— (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or (ii) by order of a court; or (iii) with the consent of each person to whom the information has a commercial or other value.\n- (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or\n- (ii) by order of a court; or\n- (iii) with the consent of each person to whom the information has a commercial or other value.\n- (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or\n- (ii) by order of a court; or\n- (iii) with the consent of each person to whom the information has a commercial or other value.\n- (a) the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and\n- (b) the person knows that the information is confidential commercial information; and\n- (c) the disclosure is not made— (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or (ii) by order of a court; or (iii) with the consent of each person to whom the information has a commercial or other value.\n- (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or\n- (ii) by order of a court; or\n- (iii) with the consent of each person to whom the information has a commercial or other value.\n- (i) for the purposes of this Act, a corresponding State law, the Commonwealth Act or the Prohibition of Human Cloning Act 2002 (Cwlth) , to a State agency, the Commonwealth or a Commonwealth authority; or\n- (ii) by order of a court; or\n- (iii) with the consent of each person to whom the information has a commercial or other value.\n- (a) a State;\n- (b) a Minister of a State;\n- (c) a department or a department of Government of another State;\n- (d) an instrumentality of a State, including a body corporate established for a public purpose under a law of a State;\n- (e) a company in which a controlling interest is held by any 1 of the following persons, or by 2 or more of the following persons together— (i) a State; (ii) a Minister of a State, or a State instrumentality mentioned in paragraph (d) ; (iii) a person or body covered by subparagraph (i) or (ii) .\n- (i) a State;\n- (ii) a Minister of a State, or a State instrumentality mentioned in paragraph (d) ;\n- (iii) a person or body covered by subparagraph (i) or (ii) .\n- (i) a State;\n- (ii) a Minister of a State, or a State instrumentality mentioned in paragraph (d) ;\n- (iii) a person or body covered by subparagraph (i) or (ii) .","sortOrder":51},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Review provisions","content":"## Review provisions","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Definitions for div 6","content":"### sec.39 Definitions for div 6\n\nIn this division—\nAdministrative Appeals Tribunal ...\ns 39 def Administrative Appeals Tribunal om 2024 No. 47 s 78 sch 2\nAdministrative Review Tribunal means the Administrative Review Tribunal established by the Administrative Review Tribunal Act 2024 (Cwlth) .\ns 39 def Administrative Review Tribunal ins 2024 No. 47 s 78 sch 2\ndecision has the same meaning as in the Administrative Review Tribunal Act 2024 (Cwlth) .\ns 39 def decision amd 2024 No. 47 s 78 sch 2\neligible person , in relation to a decision of the NHMRC Licensing Committee, means—\nin relation to a decision under section 29 not to issue a licence—the applicant for the licence; or\nin relation to a decision in respect of the period throughout which the licence is to be in force under section 31 —the licence holder; or\nin relation to a decision to specify a licence condition under section 32 (4) —the licence holder; or\nin relation to a decision to modify guidelines under section 32 (8) in respect of a licence—the licence holder; or\nin relation to a decision to vary or refuse to vary a licence under section 33 —the licence holder; or\nin relation to a decision to suspend or revoke a licence under section 34 —the person who was the licence holder immediately before the suspension or revocation.\ns 39 def eligible person amd 2007 No. 45 s 18 (2)\ns 39 amd 2007 No. 45 s 18 (1)\n- (a) in relation to a decision under section 29 not to issue a licence—the applicant for the licence; or\n- (b) in relation to a decision in respect of the period throughout which the licence is to be in force under section 31 —the licence holder; or\n- (c) in relation to a decision to specify a licence condition under section 32 (4) —the licence holder; or\n- (ca) in relation to a decision to modify guidelines under section 32 (8) in respect of a licence—the licence holder; or\n- (d) in relation to a decision to vary or refuse to vary a licence under section 33 —the licence holder; or\n- (e) in relation to a decision to suspend or revoke a licence under section 34 —the person who was the licence holder immediately before the suspension or revocation.","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Review of decisions","content":"### sec.40 Review of decisions\n\nAn eligible person may apply to the Administrative Review Tribunal for review of any of the following decisions of the NHMRC Licensing Committee if the decision is declared by the regulations made under the Commonwealth Act to be a reviewable State decision for the purposes of section 45 of that Act—\na decision under section 29 not to issue a licence;\na decision in respect of the period throughout which the licence is to be in force under section 31 ;\na decision to specify a licence condition under section 32 (4) ;\na decision to modify guidelines under section 32 (8) in respect of a licence;\na decision to vary or refuse to vary a licence under section 33 ;\na decision to suspend or revoke a licence under section 34 .\nThis section has effect subject to the Administrative Review Tribunal Act 2024 (Cwlth) .\nThe Administrative Review Tribunal Act 2024 (Cwlth) , other than part 7 , and the regulations in force under that Act apply as laws of the State for the review of a decision under subsection (1) .\nFor this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as the provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\ns 40 amd 2007 No. 45 s 19 ; 2024 No. 47 s 78 sch 2\n(sec.40-ssec.1) An eligible person may apply to the Administrative Review Tribunal for review of any of the following decisions of the NHMRC Licensing Committee if the decision is declared by the regulations made under the Commonwealth Act to be a reviewable State decision for the purposes of section 45 of that Act— a decision under section 29 not to issue a licence; a decision in respect of the period throughout which the licence is to be in force under section 31 ; a decision to specify a licence condition under section 32 (4) ; a decision to modify guidelines under section 32 (8) in respect of a licence; a decision to vary or refuse to vary a licence under section 33 ; a decision to suspend or revoke a licence under section 34 .\n(sec.40-ssec.2) This section has effect subject to the Administrative Review Tribunal Act 2024 (Cwlth) .\n(sec.40-ssec.3) The Administrative Review Tribunal Act 2024 (Cwlth) , other than part 7 , and the regulations in force under that Act apply as laws of the State for the review of a decision under subsection (1) .\n(sec.40-ssec.4) For this section, a reference in a provision of the Administrative Review Tribunal Act 2024 (Cwlth) , as the provision applies as a law of this State, to the whole or part of part 7 of that Act is taken to be a reference to the whole or part of that part as it has effect as a law of the Commonwealth.\n- (a) a decision under section 29 not to issue a licence;\n- (b) a decision in respect of the period throughout which the licence is to be in force under section 31 ;\n- (c) a decision to specify a licence condition under section 32 (4) ;\n- (ca) a decision to modify guidelines under section 32 (8) in respect of a licence;\n- (d) a decision to vary or refuse to vary a licence under section 33 ;\n- (e) a decision to suspend or revoke a licence under section 34 .","sortOrder":54},{"sectionNumber":"pt.4","sectionType":"part","heading":"Monitoring powers","content":"# Monitoring powers","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Appointment of inspectors","content":"### sec.41 Appointment of inspectors\n\nThe chairperson of the NHMRC Licensing Committee may, by instrument in writing, appoint any of the following persons as inspectors—\na person who is appointed or employed by the State;\na person who is appointed or employed by the Commonwealth.\nIn exercising powers or performing functions as an inspector, an inspector must comply with any directions of the chairperson of the NHMRC Licensing Committee.\nThe chairperson of the NHMRC Licensing Committee must not appoint a person as an inspector under subsection (1) unless he or she is satisfied that the person has appropriate skills and experience.\n(sec.41-ssec.1) The chairperson of the NHMRC Licensing Committee may, by instrument in writing, appoint any of the following persons as inspectors— a person who is appointed or employed by the State; a person who is appointed or employed by the Commonwealth.\n(sec.41-ssec.2) In exercising powers or performing functions as an inspector, an inspector must comply with any directions of the chairperson of the NHMRC Licensing Committee.\n(sec.41-ssec.3) The chairperson of the NHMRC Licensing Committee must not appoint a person as an inspector under subsection (1) unless he or she is satisfied that the person has appropriate skills and experience.\n- (a) a person who is appointed or employed by the State;\n- (b) a person who is appointed or employed by the Commonwealth.","sortOrder":56},{"sectionNumber":"sec.42","sectionType":"section","heading":"Identity card","content":"### sec.42 Identity card\n\nThe chairperson of the NHMRC Licensing Committee must issue an identity card to an inspector.\nThe identity card—\nmust be in the form prescribed by the regulations under the Commonwealth Act; and\nmust contain a recent photograph of the inspector.\nIf a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the chairperson of the NHMRC Licensing Committee as soon as practicable.\nMaximum penalty—1 penalty unit.\nAn inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n(sec.42-ssec.1) The chairperson of the NHMRC Licensing Committee must issue an identity card to an inspector.\n(sec.42-ssec.2) The identity card— must be in the form prescribed by the regulations under the Commonwealth Act; and must contain a recent photograph of the inspector.\n(sec.42-ssec.3) If a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the chairperson of the NHMRC Licensing Committee as soon as practicable. Maximum penalty—1 penalty unit.\n(sec.42-ssec.4) An inspector must carry his or her identity card at all times when exercising powers or performing functions as an inspector.\n- (a) must be in the form prescribed by the regulations under the Commonwealth Act; and\n- (b) must contain a recent photograph of the inspector.","sortOrder":57},{"sectionNumber":"sec.43","sectionType":"section","heading":"Powers available to inspectors for monitoring compliance","content":"### sec.43 Powers available to inspectors for monitoring compliance\n\nFor the purpose of finding out whether this Act has been complied with, an inspector may—\nenter any premises; and\nexercise the monitoring powers set out in section 44 .\nAn inspector is not authorised to enter premises under subsection (1) unless—\nthe occupier of the premises has consented to the entry; or\nthe premises are premises at which the occupier of the premises is carrying out activities authorised by a licence issued under section 29 , and the entry is at a reasonable time; or\nthe entry is made under a warrant under section 45A .\ns 43 amd 2007 No. 45 s 20\n(sec.43-ssec.1) For the purpose of finding out whether this Act has been complied with, an inspector may— enter any premises; and exercise the monitoring powers set out in section 44 .\n(sec.43-ssec.2) An inspector is not authorised to enter premises under subsection (1) unless— the occupier of the premises has consented to the entry; or the premises are premises at which the occupier of the premises is carrying out activities authorised by a licence issued under section 29 , and the entry is at a reasonable time; or the entry is made under a warrant under section 45A .\n- (a) enter any premises; and\n- (b) exercise the monitoring powers set out in section 44 .\n- (a) the occupier of the premises has consented to the entry; or\n- (b) the premises are premises at which the occupier of the premises is carrying out activities authorised by a licence issued under section 29 , and the entry is at a reasonable time; or\n- (c) the entry is made under a warrant under section 45A .","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Monitoring powers","content":"### sec.44 Monitoring powers\n\nThe monitoring powers that an inspector may exercise under section 43 (1) (b) are as follows—\nto search the premises and any thing on the premises;\nto inspect, examine, take measurements of, conduct tests on, or take samples of, any human embryo, other embryo, human egg or thing on the premises that relates to this Act;\nto take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\nto inspect any book, record or document on the premises;\nto take extracts from or make copies of any such book, record or document;\nto take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;\nin addition to the powers mentioned in paragraphs (a) to (f) , if the inspector was authorised to enter the premises by a warrant under section 45A —to require any person in or on the premises to—\nanswer any questions put by the inspector; and\nproduce any book, record or document requested by the inspector.\nFor the purposes of this part, monitoring powers include the power to operate equipment at premises to see whether—\nthe equipment; or\na disk, tape or other storage device that—\nis at the premises; and\ncan be used with the equipment or is associated with it;\ncontains information that is relevant to determining whether there has been compliance with this Act.\nIf the 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 (2) , the inspector may—\noperate equipment or facilities at the premises to put the information in documentary form and copy the document so produced; or\nif the information can be transferred to a tape, disk or other storage device that—\nis brought to the premises; or\nis at the premises and the use of which has been agreed to in writing by the occupier of the premises;\noperate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.\ns 44 amd 2007 No. 45 s 21\n(sec.44-ssec.1) The monitoring powers that an inspector may exercise under section 43 (1) (b) are as follows— to search the premises and any thing on the premises; to inspect, examine, take measurements of, conduct tests on, or take samples of, any human embryo, other embryo, human egg or thing on the premises that relates to this Act; to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises; to inspect any book, record or document on the premises; to take extracts from or make copies of any such book, record or document; to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises; in addition to the powers mentioned in paragraphs (a) to (f) , if the inspector was authorised to enter the premises by a warrant under section 45A —to require any person in or on the premises to— answer any questions put by the inspector; and produce any book, record or document requested by the inspector.\n(sec.44-ssec.2) For the purposes of this part, monitoring powers include the power to operate equipment at premises to see whether— the equipment; or a disk, tape or other storage device that— is at the premises; and can be used with the equipment or is associated with it; contains information that is relevant to determining whether there has been compliance with this Act.\n(sec.44-ssec.3) If the 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 (2) , the inspector may— operate equipment or facilities at the premises to put the information in documentary form and copy the document so produced; or if the information can be transferred to a tape, disk or other storage device that— is brought to the premises; or is at the premises and the use of which has been agreed to in writing by the occupier of the premises; operate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.\n- (a) to search the premises and any thing on the premises;\n- (b) to inspect, examine, take measurements of, conduct tests on, or take samples of, any human embryo, other embryo, human egg or thing on the premises that relates to this Act;\n- (c) to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n- (d) to inspect any book, record or document on the premises;\n- (e) to take extracts from or make copies of any such book, record or document;\n- (f) to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;\n- (g) in addition to the powers mentioned in paragraphs (a) to (f) , if the inspector was authorised to enter the premises by a warrant under section 45A —to require any person in or on the premises to— (i) answer any questions put by the inspector; and (ii) produce any book, record or document requested by the inspector.\n- (i) answer any questions put by the inspector; and\n- (ii) produce any book, record or document requested by the inspector.\n- (i) answer any questions put by the inspector; and\n- (ii) produce any book, record or document requested by the inspector.\n- (a) the equipment; or\n- (b) a disk, tape or other storage device that— (i) is at the premises; and (ii) can be used with the equipment or is associated with it;\n- (i) is at the premises; and\n- (ii) can be used with the equipment or is associated with it;\n- (i) is at the premises; and\n- (ii) can be used with the equipment or is associated with it;\n- (a) operate equipment or facilities at the premises to put the information in documentary form and copy the document so produced; or\n- (b) if the information can be transferred to a tape, disk or other storage device that— (i) is brought to the premises; or (ii) is at the premises and the use of which has been agreed to in writing by the occupier of the premises; operate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.\n- (i) is brought to the premises; or\n- (ii) is at the premises and the use of which has been agreed to in writing by the occupier of the premises;\n- (i) is brought to the premises; or\n- (ii) is at the premises and the use of which has been agreed to in writing by the occupier of the premises;","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"Power to secure","content":"### sec.45 Power to secure\n\nIf 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 a thing that may afford evidence of the commission of an offence against this Act, the monitoring powers include securing the embryo, the egg or the thing pending the obtaining of a warrant by anyone to seize it.\ns 45 amd 2007 No. 45 s 22","sortOrder":60},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Monitoring warrants","content":"### sec.45A Monitoring warrants\n\nAn inspector may apply to a magistrate for a warrant under this section in relation to premises.\nSubject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied by information on oath or affirmation that it is reasonably necessary that one or more inspectors should have access to the premises for the purpose of finding out whether this Act has been complied with.\nThe magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\nThe warrant must—\nauthorise one or more inspectors (whether or not named in the warrant) with such assistance and by such force as is necessary and reasonable—\nto enter the premises; and\nto exercise the powers set out in section 44 in relation to the premises; and\nstate whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\nspecify the day (not more than 15 days after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purpose for which the warrant is issued.\ns 45A ins 2007 No. 45 s 23\n(sec.45A-ssec.1) An inspector may apply to a magistrate for a warrant under this section in relation to premises.\n(sec.45A-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied by information on oath or affirmation that it is reasonably necessary that one or more inspectors should have access to the premises for the purpose of finding out whether this Act has been complied with.\n(sec.45A-ssec.3) The magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n(sec.45A-ssec.4) The warrant must— authorise one or more inspectors (whether or not named in the warrant) with such assistance and by such force as is necessary and reasonable— to enter the premises; and to exercise the powers set out in section 44 in relation to the premises; and state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and specify the day (not more than 15 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.\n- (a) authorise one or more inspectors (whether or not named in the warrant) with such assistance and by such force as is necessary and reasonable— (i) to enter the premises; and (ii) to exercise the powers set out in section 44 in relation to the premises; and\n- (i) to enter the premises; and\n- (ii) to exercise the powers set out in section 44 in relation to the premises; and\n- (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and\n- (c) specify the day (not more than 15 days after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purpose for which the warrant is issued.\n- (i) to enter the premises; and\n- (ii) to exercise the powers set out in section 44 in relation to the premises; and","sortOrder":61},{"sectionNumber":"sec.45B","sectionType":"section","heading":"Details of warrant to be given to occupier etc.","content":"### sec.45B Details of warrant to be given to occupier etc.\n\nIf a warrant under section 45A is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector must make available to that person a copy of the warrant.\nThe inspector must identify himself or herself to that person.\nThe copy of the warrant referred to in subsection (1) need not include the signature of the magistrate who issued the warrant.\ns 45B ins 2007 No. 45 s 23\n(sec.45B-ssec.1) If a warrant under section 45A is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the inspector must make available to that person a copy of the warrant.\n(sec.45B-ssec.2) The inspector must identify himself or herself to that person.\n(sec.45B-ssec.3) The copy of the warrant referred to in subsection (1) need not include the signature of the magistrate who issued the warrant.","sortOrder":62},{"sectionNumber":"sec.45C","sectionType":"section","heading":"Announcement before entry","content":"### sec.45C Announcement before entry\n\nAn inspector must, before entering premises under a warrant—\nannounce that he or she is authorised to enter the premises; and\ngive any person at the premises an opportunity to allow entry to the premises.\ns 45C ins 2007 No. 45 s 23\n- (a) announce that he or she is authorised to enter the premises; and\n- (b) give any person at the premises an opportunity to allow entry to the premises.","sortOrder":63},{"sectionNumber":"sec.45D","sectionType":"section","heading":"Occupier entitled to be present during search","content":"### sec.45D Occupier entitled to be present during search\n\nIf a warrant under section 45A is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.\nThe right to observe the search being conducted ceases if the person impedes the search.\nThis section does not prevent 2 or more areas of the premises being searched at the same time.\ns 45D ins 2007 No. 45 s 23\n(sec.45D-ssec.1) If a warrant under section 45A is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted.\n(sec.45D-ssec.2) The right to observe the search being conducted ceases if the person impedes the search.\n(sec.45D-ssec.3) This section does not prevent 2 or more areas of the premises being searched at the same time.","sortOrder":64},{"sectionNumber":"sec.46","sectionType":"section","heading":"Inspector must produce identity card on request","content":"### sec.46 Inspector must produce identity card on request\n\nAn inspector is not entitled to exercise any powers under this part in relation to premises if—\nthe occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\nthe inspector fails to comply with the requirement.\n- (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and\n- (b) the inspector fails to comply with the requirement.","sortOrder":65},{"sectionNumber":"sec.47","sectionType":"section","heading":"Consent","content":"### sec.47 Consent\n\nBefore obtaining the consent of a person for the purposes of section 43 (2) (a) , the inspector must inform the person that he or she may refuse consent.\nAn entry of an inspector by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.\n(sec.47-ssec.1) Before obtaining the consent of a person for the purposes of section 43 (2) (a) , the inspector must inform the person that he or she may refuse consent.\n(sec.47-ssec.2) An entry of an inspector by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.","sortOrder":66},{"sectionNumber":"sec.48","sectionType":"section","heading":"Compensation for damage","content":"### sec.48 Compensation for damage\n\nThe owner of equipment or other facilities is entitled to compensation for damage to the equipment or other facilities if—\nthe 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\nthe damage was caused as a result of insufficient care being exercised by the inspector operating the equipment or other facilities.\nIn 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.\n(sec.48-ssec.1) The owner of equipment or other facilities is entitled to compensation for damage to the equipment or other facilities if— the 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 the damage was caused as a result of insufficient care being exercised by the inspector operating the equipment or other facilities.\n(sec.48-ssec.2) In 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.\n- (a) the 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- (b) the damage was caused as a result of insufficient care being exercised by the inspector operating the equipment or other facilities.","sortOrder":67},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":68},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Review of Act","content":"## Review of Act","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Further review of operation of Act","content":"### sec.49 Further review of operation of Act\n\nThe Minister must cause a review of the operation of this Act as amended by the Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007 to be undertaken as soon as possible after the third anniversary of the day on which that Act commenced.\nThe review must cover the scope and operation of parts 2 and 3 taking into account the following—\ndevelopments in assisted reproductive technology, including technological, medical and scientific developments, and the actual or potential clinical and therapeutic applications of such research;\ndevelopments in embryonic stem cell research, including technological, medical and scientific developments, and the actual or potential clinical and therapeutic applications of such research;\ncommunity standards;\na brief analysis of international developments and legislation relating to the use of human embryos and related research;\nan analysis of research resulting from the licenses granted;\nan analysis of any research or clinical practice that has been prevented as a result of legislative restrictions.\nThe review may be undertaken as part of the reviews under the Commonwealth Act, section 47A and the Prohibition of Human Cloning for Reproduction Act 2002 (Cwlth) , section 25A .\ns 49 sub 2007 No. 45 s 24\n(sec.49-ssec.1) The Minister must cause a review of the operation of this Act as amended by the Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007 to be undertaken as soon as possible after the third anniversary of the day on which that Act commenced.\n(sec.49-ssec.2) The review must cover the scope and operation of parts 2 and 3 taking into account the following— developments in assisted reproductive technology, including technological, medical and scientific developments, and the actual or potential clinical and therapeutic applications of such research; developments in embryonic stem cell research, including technological, medical and scientific developments, and the actual or potential clinical and therapeutic applications of such research; community standards; a brief analysis of international developments and legislation relating to the use of human embryos and related research; an analysis of research resulting from the licenses granted; an analysis of any research or clinical practice that has been prevented as a result of legislative restrictions.\n(sec.49-ssec.3) The review may be undertaken as part of the reviews under the Commonwealth Act, section 47A and the Prohibition of Human Cloning for Reproduction Act 2002 (Cwlth) , section 25A .\n- (a) developments in assisted reproductive technology, including technological, medical and scientific developments, and the actual or potential clinical and therapeutic applications of such research;\n- (b) developments in embryonic stem cell research, including technological, medical and scientific developments, and the actual or potential clinical and therapeutic applications of such research;\n- (c) community standards;\n- (d) a brief analysis of international developments and legislation relating to the use of human embryos and related research;\n- (e) an analysis of research resulting from the licenses granted;\n- (f) an analysis of any research or clinical practice that has been prevented as a result of legislative restrictions.","sortOrder":70},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Matters about offences","content":"## Matters about offences","sortOrder":71},{"sectionNumber":"sec.50","sectionType":"section","heading":"Attempts to commit offences against this Act","content":"### sec.50 Attempts to commit offences against this Act\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty—the maximum penalty for committing the offence attempted to be committed.\nThe Criminal Code, section 4 , applies to subsection (1) .\n(sec.50-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty—the maximum penalty for committing the offence attempted to be committed.\n(sec.50-ssec.2) The Criminal Code, section 4 , applies to subsection (1) .","sortOrder":72},{"sectionNumber":"sec.51","sectionType":"section","heading":"Crimes and summary offences","content":"### sec.51 Crimes and summary offences\n\nThe following offences are crimes—\nan offence mentioned in part 2 or in part 3 , division 2 ;\nan offence against section 50 (1) , if the offence attempted to be committed is a crime.\nThe offender can not be arrested without warrant.\nAny other offence against this Act is a summary offence.\n(sec.51-ssec.1) The following offences are crimes— an offence mentioned in part 2 or in part 3 , division 2 ; an offence against section 50 (1) , if the offence attempted to be committed is a crime.\n(sec.51-ssec.2) The offender can not be arrested without warrant.\n(sec.51-ssec.3) Any other offence against this Act is a summary offence.\n- (a) an offence mentioned in part 2 or in part 3 , division 2 ;\n- (b) an offence against section 50 (1) , if the offence attempted to be committed is a crime.","sortOrder":73},{"sectionNumber":"sec.52","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.52 Limitation on time for starting summary proceedings\n\nA proceeding for a summary offence against this Act by way of summary proceeding under the Justices Act 1886 must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":74},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Regulations","content":"## Regulations","sortOrder":75},{"sectionNumber":"sec.53","sectionType":"section","heading":"Regulation-making power","content":"### sec.53 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":76},{"sectionNumber":"pt.6","sectionType":"part","heading":"Saving provisions","content":"# Saving provisions","sortOrder":77},{"sectionNumber":"sec.54","sectionType":"section","heading":"Saving provision","content":"### sec.54 Saving provision\n\nIf—\nat any time before the commencement of this section, a person made an application under sub section 28 (1) for a licence; and\nimmediately before that commencement, the NHMRC Licensing Committee had not decided the application;\nthen the person is taken, on and from that commencement, to have applied for the licence under sub section 28 (1) of the amended Act.\nTo avoid any doubt, it is declared that a licence issued under section 29 that was in force immediately before the commencement of this section continues in force after that commencement.\nIn this section—\namended Act means this Act as amended by the Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007 .\ns 54 ins 2007 No. 45 s 25\n(sec.54-ssec.1) If— at any time before the commencement of this section, a person made an application under sub section 28 (1) for a licence; and immediately before that commencement, the NHMRC Licensing Committee had not decided the application; then the person is taken, on and from that commencement, to have applied for the licence under sub section 28 (1) of the amended Act.\n(sec.54-ssec.2) To avoid any doubt, it is declared that a licence issued under section 29 that was in force immediately before the commencement of this section continues in force after that commencement.\n(sec.54-ssec.3) In this section— amended Act means this Act as amended by the Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007 .\n- (a) at any time before the commencement of this section, a person made an application under sub section 28 (1) for a licence; and\n- (b) immediately before that commencement, the NHMRC Licensing Committee had not decided the application;","sortOrder":78}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The 2007 amendments (Act No. 45 of 2007) materially expanded the original scope. The Act originally focused primarily on prohibiting reproductive cloning and regulating use of excess IVF embryos. The 2007 amendments added entirely new categories of regulated activity: creation of embryos by non-fertilisation methods (e.g., somatic cell nuclear transfer for research cloning), use of precursor cells from embryos or fetuses, research and training involving fertilisation up to the first mitotic division, and the creation/use of hybrid embryos for sperm quality testing. This shifted the Act from a narrower cloning ban with basic IVF embryo oversight into a broader framework regulating a much wider range of reproductive and genetic research technologies."},"complexity_factors":["Dual regulatory framework: the State law operates in parallel with Commonwealth legislation (the Research Involving Human Embryos Act 2002 and Prohibition of Human Cloning Act 2002), requiring readers to cross-reference multiple Acts","Highly technical scientific terminology requiring specialised knowledge (e.g., chimeric embryo, hybrid embryo, precursor cells, mitotic division, oocyte, somatic cell nuclear transfer)","Two-tier offence structure: absolute prohibitions (Part 2 Div 1) versus conditional prohibitions requiring absence of a licence (Part 2 Div 2 and Part 3), with different maximum penalties","Complex definitions with nested exclusions and inclusions (e.g., 'prohibited embryo' has 8 sub-categories; 'excess ART embryo' requires analysis of written authorities and determinations; 'responsible person' has multiple categories depending on embryo type)","Nuanced consent regime: 'proper consent' is defined by reference to external NHMRC guidelines which are themselves subject to modification by individual licences","Layered licensing system involving applications, mandatory criteria, discretionary factors, conditions, variation, suspension, revocation and surrender — each with separate procedural requirements","Intergovernmental complexity: the licensing committee is a Commonwealth body (NHMRC) exercising functions under this State law; review rights depend on Commonwealth regulations declaring decisions 'reviewable State decisions'","Evolving definitions after 2007 amendments significantly restructured Part 2, adding new offence categories and reordering existing ones, making legislative history relevant to interpretation","'Recklessness' given a specific statutory definition that differs subtly from common law, affecting the fault element of multiple offences","Exempt uses under s.23 involve multiple sub-conditions that must be assessed together, including biological fitness determinations that require scientific expertise"],"plain_english_summary":"## What This Law Does\n\nThis is a Queensland law that deals with two major issues in reproductive science:\n\n1. **Banning human cloning for reproduction** — It is completely illegal to create a cloned human embryo and implant it into a person or animal to produce a cloned human being. This carries up to **15 years imprisonment**.\n\n2. **Regulating embryo research** — It controls how leftover IVF embryos (called \"excess ART embryos\" — embryos created during IVF treatment that are no longer needed by the couple who made them) can be used in scientific research.\n\n## Who Does It Affect?\n\n- **IVF patients**: Your leftover embryos cannot be used for research without your written consent. You and your partner (if you had one at the time) must both agree in writing before any researcher can use them.\n- **Scientists and doctors**: If you want to conduct research using human embryos, you need a special licence from a federal government committee (the NHMRC Licensing Committee). Without a licence, it's a criminal offence.\n- **Fertility clinics (ART centres)**: These clinics can handle excess embryos for routine purposes (storage, transport, transferring to another woman's treatment) without a licence, but cannot conduct research without one.\n- **Everyone**: This law applies to all people in Queensland, including government bodies.\n\n## What Is Completely Banned (No Exceptions)\n\nThese actions carry up to **15 years imprisonment**:\n- Implanting a cloned human embryo into any person or animal\n- Creating an IVF embryo for any purpose *other than* trying to achieve pregnancy\n- Creating an embryo with genetic material from more than 2 people (through standard fertilisation)\n- Keeping an embryo alive outside the womb for more than **14 days**\n- Making genetic changes to human cells that would be passed down to future generations (\"heritable\" changes — think designer babies)\n- Surgically collecting a live embryo from a woman's body\n- Creating a \"chimeric embryo\" (mixing human and animal genetic material in one embryo)\n- Placing a human embryo inside an animal, or an animal embryo inside a human\n- Buying or selling human eggs, sperm, or embryos (payment of reasonable out-of-pocket expenses is allowed)\n\n## What Requires a Licence\n\nThese activities are allowed *only with a licence* (up to **10 years imprisonment** without one):\n- Creating a human embryo by any method other than standard egg-sperm fertilisation (e.g., cloning techniques used for research, not reproduction)\n- Using embryo or fetal cells to create new embryos\n- Creating or using hybrid embryos (limited to sperm quality testing, before the embryo begins dividing)\n\n## The Licence System\n\nResearchers apply to the **NHMRC Licensing Committee** (a federal body). Before a licence is granted:\n- An independent ethics committee (**HREC** — Human Research Ethics Committee) must approve the research\n- Proper consent from everyone whose genetic material is involved must be in place\n- The research must offer a genuine chance of advancing medical knowledge that couldn't be achieved another way\n- The number of embryos used must be kept to the minimum necessary\n\nLicence decisions can be reviewed by the **Administrative Review Tribunal** if you disagree with the outcome.\n\n## Inspectors and Enforcement\n\nAppointed inspectors can enter licensed facilities (at reasonable times) to check compliance — searching premises, examining embryos, copying records, and operating equipment. A warrant is needed to enter other premises.\n\n## Why It Matters\n\nThis law tries to balance two things that are genuinely in tension: **the potential of embryo research to help cure diseases** (like stem cell research), and **ethical concerns about the status of human embryos and the dangers of human cloning**. It draws a hard line at reproductive cloning and \"designer babies\" while allowing carefully supervised research under strict conditions."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.5-ssec.2","severity":"high","reasoning":"A 'clone' in biological terms means an identical genetic copy. The Act simultaneously requires establishing that genes have been 'copied' while explicitly disclaiming any need for the copy to be identical. This creates a definition so broad it could capture virtually any genetic material derived from another organism, while simultaneously being scientifically meaningless as a prohibition on cloning.","confidence":0.82,"description":"The definition of 'human embryo clone' as a genetic copy explicitly states it is NOT necessary to establish that the copy is an identical genetic copy. A non-identical genetic copy is by definition not a clone in any scientifically meaningful sense, rendering the concept of 'genetic copy' internally incoherent."},{"type":"self_contradicting","section":"sec.4-ssec.1 and sec.4-ssec.2","severity":"medium","reasoning":"Binding a person to a law while simultaneously exempting them from prosecution for breaching it creates a legally hollow obligation. If the State conducts prohibited embryo research, no criminal sanction applies. The word 'binds' becomes purely aspirational rather than legally operative for the State.","confidence":0.75,"description":"The Act binds all persons including the State but then immediately declares the State cannot be prosecuted for an offence. This creates a situation where the State is 'bound' by obligations it can never be held to account for through the primary enforcement mechanism (prosecution)."},{"type":"other","section":"sec.5-ssec.5 and sec.5-ssec.7","severity":"low","reasoning":"The Act's general definitional framework for 'human embryo' excludes hybrid embryos, yet Part 2 Division 1 creates offences around hybrid embryos using the same conceptual framework (e.g., the 14-day rule in sec.14 mirrors sec.10). This creates parallel regulatory tracks that are not clearly integrated.","confidence":0.65,"description":"Section 5(5) states a reference to an embryo is a reference to a living embryo. Section 5(7) states a reference to a human embryo does not include a hybrid embryo. However, sec.14 prohibits developing a 'hybrid embryo' for more than 14 days, using the term 'hybrid embryo' as if it is covered by the Act's general embryo provisions. The exclusion of hybrid embryos from the definition of 'human embryo' while still regulating them creates a definitional inconsistency in how they are treated throughout the Act."},{"type":"other","section":"sec.23-ssec.2(c)","severity":"medium","reasoning":"From an ethical standpoint — which the Act explicitly identifies as its concern in sec.3 — the deliberate destruction of a human embryo is treated as less regulated than taking a photograph of one (sec.23-ssec.2(b)). The Act imposes more regulatory burden on observation than on termination, which inverts the ethical priority the Act claims to serve.","confidence":0.78,"description":"An 'exempt use' of an excess ART embryo includes 'allowing the excess ART embryo to succumb.' This means deliberately allowing an embryo to die is an exempt use not requiring a licence, but observing, photographing, or storing it also requires no licence. Paradoxically, active research on an embryo requires a licence, but passively killing it does not."},{"type":"other","section":"sec.8-ssec.1","severity":"medium","reasoning":"The drafting creates an asymmetry: the absolute prohibition on creating embryos for non-pregnancy purposes only applies to the fertilisation method. The 'worse' (non-natural) creation methods are merely licensable rather than prohibited outright for non-pregnancy purposes, inverting what the ethical framework of the Act would suggest.","confidence":0.7,"description":"The offence of creating a human embryo for a purpose other than achieving pregnancy in a woman applies only to embryos created by fertilisation outside the body. This means creating an embryo by non-fertilisation methods (e.g., somatic cell nuclear transfer) for any purpose — including purely commercial purposes — does not fall under this specific prohibition, only under the separate licensed regime of sec.18."},{"type":"impossible_compliance","section":"sec.12","severity":"medium","reasoning":"A person who removes an embryo while intending (or claiming to intend) only to remove a non-viable embryo has a complete defence. Given the difficulty of proving intent, and that viability is itself uncertain, this creates an offence that may be practically unenforceable. A practitioner could always claim they did not intend to collect a 'viable' one.","confidence":0.68,"description":"Section 12 creates an offence of removing a human embryo from a woman's body 'intending to collect a viable human embryo.' This means removing an embryo without intending to collect a viable one — for example, an embryo known to be non-viable — would not constitute the offence, potentially creating an easy mental element defence."},{"type":"impossible_compliance","section":"sec.32-ssec.1(b)","severity":"medium","reasoning":"In an IVF or research context, the gap between obtaining consent and commencing a procedure can be minutes. Requiring a written report to the NHMRC Licensing Committee to have been made before each use creates an administrative burden that is impossible to comply with in real-time clinical settings, meaning every licence holder technically breaches this condition on every use.","confidence":0.6,"description":"A mandatory licence condition requires the licence holder to report in writing to the NHMRC Licensing Committee that proper consent has been obtained before an embryo is used or created. However, the report must occur before use or creation, yet the consent itself may be obtained only moments before — creating a logistical impossibility where real-time written reports must precede immediate clinical or research procedures."},{"type":"impossible_compliance","section":"sec.20A-ssec.4","severity":"low","reasoning":"The first mitotic division can occur within hours of fertilisation and may not be easily controlled or predicted. A licence that authorises creation but requires termination before a biologically spontaneous event that the researcher cannot always control creates compliance uncertainty.","confidence":0.55,"description":"Section 20A(4) states a licence to create or use a hybrid embryo can only be issued for testing sperm quality 'up to, but not including, the first mitotic division.' However, sec.20A(2) makes it an offence to develop a hybrid embryo at all, and sec.20A(3) provides the licence exemption for both creation and development. If development is licensed only up to (but not including) the first mitotic division, and creating the hybrid embryo is what initiates development, the Act effectively licences an act (creation) that must be terminated before the first cell division — which may or may not be achievable depending on the speed of the process."},{"type":"impossible_compliance","section":"sec.37-ssec.1 and sec.37-ssec.4","severity":"medium","reasoning":"If licence conditions contain confidential commercial information (which sec.32-ssec.5 contemplates by allowing conditions on the number of embryos and specific research activities), the mandatory public disclosure of 'any conditions to which the licence is subject' directly conflicts with the prohibition on disclosing confidential commercial information. There is no severance or redaction mechanism provided.","confidence":0.72,"description":"The NHMRC Licensing Committee is required to make licence information publicly available (sec.37-ssec.2), including licence conditions (sec.37-ssec.1(c)), but the information must not disclose confidential commercial information (sec.37-ssec.4). Licence conditions may themselves contain confidential commercial information (e.g., specific proprietary research methodologies). The Act provides no mechanism for redacting only the confidential portions, creating either over-disclosure or under-compliance with the mandatory public database."},{"type":"other","section":"sec.11-ssec.1","severity":"medium","reasoning":"Given that genome editing is imprecise and outcomes are not always predictable, the requirement that the alteration actually be heritable AND intended to be heritable creates a high bar that may not capture reckless or negligent heritable alterations. This gap is particularly notable given the 15-year maximum penalty suggesting Parliament viewed this as extremely serious.","confidence":0.73,"description":"The offence of heritable genome alteration requires both (a) that the alteration IS heritable and (b) that the person INTENDED the alteration to be heritable. This dual requirement means a person who accidentally creates a heritable alteration commits no offence, and a person who intends to create a heritable alteration but fails also commits no offence. Only successful intentional heritable alteration is caught, creating a significant gap."}],"contradictions":[{"severity":"low","section_a":"sec.13","section_b":"sec.15-ssec.1","confidence":0.55,"description":"Section 13 makes it an absolute offence (maximum 15 years) to create a chimeric embryo with no exceptions. Section 15(1) makes it an absolute offence to place a human embryo in an animal. However, a chimeric embryo by definition involves combining human and animal material — meaning the act of creating a chimeric embryo and attempting to develop or use it would necessarily involve conduct covered by both sections with identical maximum penalties, but the prohibited acts leading to a chimeric embryo (such as introducing animal cells into a human embryo or vice versa) may not be clearly captured by either section alone prior to the chimeric embryo being 'created.'"},{"severity":"high","section_a":"sec.9","section_b":"sec.19","confidence":0.85,"description":"Section 9 absolutely prohibits (15 years) creating or developing a human embryo by fertilisation that contains genetic material from more than 2 persons. Section 19 prohibits (10 years, but licensable) creating or developing a human embryo by NON-fertilisation methods containing genetic material from more than 2 persons. The Act treats the same substantive outcome (embryo with >2 persons' genetic material) more seriously when achieved by the natural method (fertilisation) than by artificial/technological means, which inverts any coherent ethical hierarchy."},{"severity":"medium","section_a":"sec.7-ssec.1","section_b":"sec.15-ssec.1","confidence":0.8,"description":"Section 7(1) prohibits placing a 'human embryo clone' in the body of a human or animal (15 years). Section 15(1) prohibits placing 'a human embryo' in an animal (15 years). Since sec.5(5) states all embryo references are to living embryos, and a human embryo clone is a type of human embryo (per the schedule definitions), placing a human embryo clone in an animal would simultaneously violate both sec.7(1) and sec.15(1), creating duplicative offences for the identical act. There is no provision preventing double jeopardy or specifying which offence prevails."},{"severity":"high","section_a":"sec.16-ssec.2(a)","section_b":"sec.18","confidence":0.88,"description":"Section 16 defines 'prohibited embryo' to include any human embryo created by a process other than fertilisation, and makes placing such an embryo in a woman an absolute offence (15 years). Section 18 makes creating such an embryo an offence but allows it to be licensed. This means the Act permits the licensed creation of embryos by non-fertilisation methods (sec.18) but then makes it an absolute unlicensable offence to ever place such a licensed embryo into a woman's body (sec.16). The licensed creation activity therefore can never reach its logical conclusion of potential implantation, making the entire licensed research regime for non-fertilisation embryos ultimately incompatible with therapeutic application."},{"severity":"medium","section_a":"sec.23-ssec.2(e)","section_b":"sec.24","confidence":0.62,"description":"Section 23(2)(e) creates an exempt use (no licence required) for an accredited ART centre to use an excess ART embryo for achieving pregnancy in a woman other than the woman for whom it was created (i.e., embryo donation). Section 24 makes it an offence to use, outside the body of a woman, a human embryo created by fertilisation that is not an excess ART embryo, unless for ART treatment. Read together, transferring an excess ART embryo to another woman is exempt from sec.23 licensing but the same activity (which requires handling outside the body before transfer) may engage sec.24 if interpreted broadly, as the embryo must necessarily be handled outside the body during transfer."},{"severity":"low","section_a":"sec.34-ssec.2","section_b":"sec.25A","confidence":0.52,"description":"Section 34(2) mandates that if a licence holder is convicted of any offence under the Act, the NHMRC Licensing Committee MUST revoke all their licences. Section 25A provides that a person is not criminally responsible for offences under Part 3 if they acted on an invalid licence without knowing of its invalidity. However, if a person is acquitted under sec.25A (no criminal responsibility), sec.34(2) is never triggered. But if a conviction somehow occurred despite sec.25A (e.g., for a different offence under the Act), all licences must be revoked even where the person's reliance on the invalid licence was entirely reasonable — potentially punishing good-faith actors."},{"severity":"high","section_a":"sec.5-ssec.4","section_b":"sec.7-ssec.1","confidence":0.78,"description":"Section 5(4) provides that a human embryo resulting from embryo splitting is taken NOT to be created by fertilisation. This means an embryo created by splitting a fertilised embryo is treated as if created by a non-fertilisation process. Section 7(1) prohibits placing a human embryo clone in the body of a human. Embryo splitting produces identical twins — genetic copies of each other and of the original embryo — which would appear to be 'human embryo clones' under the Act's broad definition in sec.5(2). However, embryo splitting for IVF purposes has historically been a legitimate (if rare) clinical practice. The Act appears to prohibit implanting any split embryo (a 'clone') under sec.7, while also defining them out of the fertilisation framework under sec.5(4), creating irreconcilable treatment of this technique."},{"severity":"medium","section_a":"sec.29-ssec.3(c)","section_b":"sec.40-ssec.1","confidence":0.7,"description":"Section 29(3)(c) requires HREC approval before the NHMRC Licensing Committee can issue a licence. Section 40(1) allows review of a decision NOT to issue a licence by the Administrative Review Tribunal, but only if the decision is declared a 'reviewable State decision' by Commonwealth regulations. This means the reviewability of a licensing refusal depends entirely on Commonwealth regulatory action, which may or may not occur, leaving State applicants potentially without any merits review of licensing refusals — despite the Act expressly contemplating such review."}]},"kimi_summary":{"_metrics":{"completionTokens":762},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2003 form. The 2007 amendments (Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007) substantially broadened the scope to permit licensed research on excess ART embryos and introduced new categories of licensable activities including hybrid embryo creation for limited purposes. The original Act was more prohibitory; the amended version creates a detailed regulatory licensing scheme with NHMRC oversight, effectively shifting from blanket prohibition to controlled permission for research purposes."},"complexity_factors":["Multiple overlapping offence categories with different penalty levels (15, 10 and 5 years imprisonment)","Extensive defined terms including technical concepts like 'excess ART embryo', 'proper consent', 'responsible person' with multi-level definitions","Cross-references to Commonwealth legislation (National Health and Medical Research Council Act, Prohibition of Human Cloning Act, Administrative Review Tribunal Act)","Nested conditional logic in licence exemptions (section 23) with multiple alternative pathways","Complex consent requirements involving multiple parties (egg donor, sperm donor, woman, spouses) with temporal conditions","Licensing system with application, variation, suspension, revocation and review procedures","Monitoring powers with warrant procedures and digital evidence provisions","Interaction between State and Commonwealth regulatory frameworks requiring coordination"],"plain_english_summary":"This Queensland legislation regulates scientific research involving human embryos and bans human cloning for reproduction. It works alongside Commonwealth (federal) laws to create a national framework.\n\n**What it does:**\n\n**Completely banned practices (15 years prison):**\n- Creating or placing human embryo clones in any body\n- Creating human embryos for purposes other than achieving pregnancy\n- Creating embryos with genetic material from more than 2 people\n- Growing embryos outside a woman's body for more than 14 days\n- Making heritable genetic changes (alterations passed to descendants)\n- Removing viable embryos from a woman's body\n- Creating chimeric embryos (mixing human and animal cells)\n- Developing hybrid embryos beyond 14 days\n- Placing embryos in animals or in humans outside the reproductive tract\n- Commercial trading in human eggs, sperm or embryos\n\n**Activities requiring a licence (10 years prison if unlicensed):**\n- Creating embryos without fertilisation (e.g., through cell nuclear transfer)\n- Using precursor cells from embryos or fetuses to create new embryos\n- Creating hybrid embryos for limited sperm quality testing\n\n**Regulated use of excess IVF embryos (5 years prison if unlicensed):**\n- \"Excess ART embryos\" are those created for IVF treatment but no longer needed by the woman and her spouse\n- Research on these embryos requires a licence from the NHMRC (National Health and Medical Research Council) Embryo Research Licensing Committee\n- Some uses are exempt: storage, transport, observation, allowing embryos to succumb, diagnostic testing for the original woman's benefit, or donation to another woman for pregnancy\n\n**Key protections:**\n- Proper consent required from all \"responsible persons\" (egg/sperm donors, the woman the embryo was created for, and their spouses)\n- Licences have conditions including limits on embryo numbers and reporting requirements\n- Inspectors can monitor compliance with warrant powers\n- Public database of licences (excluding confidential commercial information)\n- Decisions can be reviewed by the Administrative Review Tribunal\n\n**Why it matters:**\nThis law attempts to balance two competing interests: allowing potentially life-saving medical research (especially stem cell research) while maintaining ethical boundaries around human life and preventing reproductive cloning. It reflects community concerns about how far science should go in manipulating human embryos."},"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-and-prohibition-of-human-cloning-for-reproduction-act-2003","history":"/api/acts/research-involving-human-embryos-and-prohibition-of-human-cloning-for-reproduction-act-2003/history","analysis":"/api/acts/research-involving-human-embryos-and-prohibition-of-human-cloning-for-reproduction-act-2003/analysis","conflicts":"/api/acts/research-involving-human-embryos-and-prohibition-of-human-cloning-for-reproduction-act-2003/conflicts","importantCases":"/api/acts/research-involving-human-embryos-and-prohibition-of-human-cloning-for-reproduction-act-2003/important-cases","documents":"/api/acts/research-involving-human-embryos-and-prohibition-of-human-cloning-for-reproduction-act-2003/documents"}}