{"id":"F2018L01403","name":"Research Involving Human Embryos (Corresponding State Law—NSW) Declaration 2018","slug":"research-involving-human-embryos-corresponding-state-law-nsw-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98082,"registerId":"commonwealth-F2018L01403-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Research Involving Human Embryos (Corresponding State Law—NSW) Declaration 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n \n\nCOMMONWEALTH OF AUSTRALIA\n\nResearch Involving Human Embryos Act 2002\n\nSubsection 7(1)\n\nResearch Involving Human Embryos (Corresponding State Law—NSW) Declaration 2018\n\n \n\nI, Greg Hunt, Minister for Health, under subsection 7(1) of the Research Involving Human Embryos Act 2002 (‘the Commonwealth Act’), declare the Research Involving Human Embryos (New South Wales) Act 2003 of New South Wales to be a corresponding State law for the purposes of the Commonwealth Act.\n\nThis Instrument commences the day after registration.\n\n \n\n \n\nDated          26 September 2018\n\n \n\n…………………………………………………………………………….\n\nGreg Hunt\n\nMinister for Health\n\n \n\n \n\n \n\nNote: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not change the substantive scope of either the Commonwealth Act or the NSW Act. It performs an administrative function — declaring the NSW Act to be a \"corresponding State law\" under subsection 7(1) of the Commonwealth Act — and therefore does not alter the underlying legal duties, prohibitions or permissions in those Acts. Any change in practical scope for regulated parties depends on how the Commonwealth Act operates when a State law is designated as corresponding, not on any amendment made by this instrument (subsection 7(1))."},"complexity_factors":["Short, single-purpose instrument that only makes a statutory designation.","Relies on cross-reference to other statutes (Commonwealth Act subsection 7(1) and the NSW Act) for substantive effect.","No new regulatory provisions, fees, or penalties in the instrument itself.","Ministerial discretion is exercised but the instrument does not set criteria or detailed operational rules.","Legal effect depends on interpreting provisions in the referenced Acts rather than on this instrument's text."],"plain_english_summary":"### What this instrument does\n\nThis is a short legal declaration by the Commonwealth Minister for Health that says the New South Wales statute called the Research Involving Human Embryos (New South Wales) Act 2003 will be treated as a \"corresponding State law\" for the purposes of the Commonwealth Research Involving Human Embryos Act 2002. The declaration was made under subsection 7(1) of the Commonwealth Act and takes effect the day after the instrument is registered (subsection 7(1); commencement clause).\n\n### Who decides and who is directly affected\n\n- Who decides: the Commonwealth Minister for Health uses a power in the Commonwealth Act to make the declaration (subsection 7(1) of the Research Involving Human Embryos Act 2002).  \n- Who is directly affected: the instrument itself does not change the text of either statute. It changes how the Commonwealth Act treats the NSW Act (it designates the NSW Act as a corresponding State law). Any practical effects fall on people and organisations regulated by the NSW Act or by the Commonwealth Act to the extent those Commonwealth provisions operate by reference to a \"corresponding State law\" (Research Involving Human Embryos (New South Wales) Act 2003; Research Involving Human Embryos Act 2002, subsection 7(1)).\n\n### Why it matters (mechanically)\n\n- The declaration makes the NSW Act a recognised \"corresponding\" law under the Commonwealth Act. That recognition can change how the Commonwealth Act's provisions that rely on a corresponding State law apply in practice. The instrument itself does not amend either Act; instead it links the NSW instrument into the Commonwealth Act's framework (subsection 7(1)).  \n- The instrument begins operation the day after registration, so its legal recognition takes effect immediately thereafter (commencement clause).\n\n### Costs, incentives and trade-offs (source-grounded testing)\n\n- Direct financial cost: the declaration does not itself impose fees, taxes or new criminal penalties. Any compliance costs arise from the substantive duties in the NSW Act or in the Commonwealth Act when they operate by reference to a corresponding State law (Research Involving Human Embryos (New South Wales) Act 2003; Research Involving Human Embryos Act 2002, subsection 7(1)).\n\n- Who pays: regulated entities and individuals subject to the NSW Act or relevant Commonwealth provisions will bear any compliance costs that follow from those substantive laws. The declaration is an administrative recognition that affects how those existing duties interlock (subsection 7(1)).\n\n- Incentives and behaviour: the instrument does not itself create new permissions or prohibitions. It changes the legal relationship between Commonwealth and NSW rules; therefore any change in behaviour would come from how the Commonwealth Act applies when a State law is designated as \"corresponding,\" not from the declaration text itself (subsection 7(1)).\n\n- Bureaucratic discretion and implementation risk: the declaration is an exercise of ministerial discretion under the Commonwealth Act. The instrument does not set criteria in this text; the scope for discretion is defined by the Commonwealth Act's provision that grants the power (subsection 7(1)). Implementation risk is limited to administrative and legal uncertainty about how the Commonwealth Act treats a designated corresponding law; the instrument itself does not settle substantive regulatory detail.\n\n- Effects on market actors (private enterprise, competition, contract freedom): this declaration does not directly change market rules, prices, ownership or contract law. Any effect on businesses or researchers flows from the substantive content of the NSW Act and of any Commonwealth provisions that operate by reference to a corresponding State law (Research Involving Human Embryos (New South Wales) Act 2003; Research Involving Human Embryos Act 2002, subsection 7(1)).\n\n### Other technical notes\n\n- The instrument was dated 26 September 2018 and contains a note that its name was amended on registration under the Legislation Rule 2016 (subsection 10(2)) to ensure a unique instrument name.\n\nIn short: this instrument is an administrative declaration that brings the NSW embryonic-research statute within the category of \"corresponding State law\" under the Commonwealth Act. It does not itself change substantive obligations or create fees; any practical effects depend on how the Commonwealth Act applies when a State law is so designated (subsection 7(1); Research Involving Human Embryos (New South Wales) Act 2003)."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by its enabling provision (subsection 7(1) of the Research Involving Human Embryos Act 2002)—to declare state laws as corresponding. There is no expansion beyond this narrow administrative purpose."},"complexity_factors":["Single operative provision with no defined terms","No cross-references to other sections within the instrument itself","No conditional logic or exceptions","Extremely short (under 200 words of substantive content)","Straightforward declaratory function with no substantive regulatory content"],"plain_english_summary":"This is a short legal instrument made by the federal Health Minister in 2018. It formally recognises a New South Wales state law—the Research Involving Human Embryos (New South Wales) Act 2003—as a 'corresponding State law' under the federal Research Involving Human Embryos Act 2002.\n\n**What this means:**\n- **Federal-state cooperation:** The Commonwealth (federal government) has laws regulating research on human embryos. This declaration says 'NSW has its own law on this topic, and we recognise it as matching our federal scheme.'\n- **Why it matters:** When a state law is declared 'corresponding,' it allows the federal and state systems to work together. This typically means that activities approved under the NSW law are also considered compliant with the federal law, avoiding duplication and confusion for researchers and clinics.\n- **Who it affects:** Scientists, fertility clinics, and research institutions in NSW conducting embryo research. It gives them clarity that following NSW rules satisfies federal requirements too.\n\n**In short:** It's a paperwork exercise that harmonises federal and NSW laws on embryo research, making life simpler for researchers by ensuring one set of approvals covers both levels of government."}},"importantCases":[],"_links":{"self":"/api/acts/research-involving-human-embryos-corresponding-state-law-nsw-declaration-2018","history":"/api/acts/research-involving-human-embryos-corresponding-state-law-nsw-declaration-2018/history","analysis":"/api/acts/research-involving-human-embryos-corresponding-state-law-nsw-declaration-2018/analysis","conflicts":"/api/acts/research-involving-human-embryos-corresponding-state-law-nsw-declaration-2018/conflicts","importantCases":"/api/acts/research-involving-human-embryos-corresponding-state-law-nsw-declaration-2018/important-cases","documents":"/api/acts/research-involving-human-embryos-corresponding-state-law-nsw-declaration-2018/documents"}}