{"id":"F2018L01404","name":"Research Involving Human Embryos (Corresponding State Law—QLD) Declaration 2018","slug":"research-involving-human-embryos-corresponding-state-law-qld-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98085,"registerId":"commonwealth-F2018L01404-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—QLD) 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—QLD) 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 and Prohibition of Human Cloning for Reproduction Act 2003 of Queensland to be a corresponding State law for the purposes of the Commonwealth Act.\n\nThis Instrument commences the day after registration.\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\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":"This instrument does not change the substantive content of the Commonwealth Act or the Queensland Act. It is an administrative declaration that the Queensland Act is a 'corresponding State law' for the purposes of the Research Involving Human Embryos Act 2002 (the declaration under subsection 7(1) in the instrument). The practical effect is to make the Commonwealth Act treat the Queensland Act as the operative State-level framework for relevant activity in Queensland; that is a recognition/administrative designation rather than a substantive amendment to either statute. The instrument commences the day after registration and includes a registration-related naming amendment (see instrument text)."},"complexity_factors":["Single-purpose instrument: a one-line declaration under a specific statutory power (subsection 7(1) of the Research Involving Human Embryos Act 2002).","Cross-reference dependency: legal effect depends on the substantive content of the Queensland Act being declared as 'corresponding', requiring readers to consult that State Act to understand regulatory substance.","Ministerial discretion: instrument is an exercise of a delegated administrative power (the Minister decides whether to declare a State law as corresponding).","Timing/commencement: effect is immediate upon the day after registration, creating a short administrative window for implementation.","Administrative amendment note: name was amended on registration under Legislation Rule, a technical drafting/registration detail."],"plain_english_summary":"### What this instrument does, in plain language\n\n- Mechanically, the instrument is a formal declaration made under subsection 7(1) of the Research Involving Human Embryos Act 2002. It states that the Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 (Queensland) is to be treated as a \"corresponding State law\" for the purposes of the Commonwealth Act (see subsection 7(1) citation in the instrument).\n- The instrument takes effect the day after it is registered (see the commencement provision in the instrument).\n- The document is signed by the Minister for Health (Greg Hunt) and contains an administrative note that its name was amended on registration under subsection 10(2) of the Legislation Rule 2016.\n\n### Who this affects and who decides\n\n- Who decides: the Minister for Health exercised the statutory power to make the declaration (the instrument records the declaration made under subsection 7(1)).\n- Who pays / who is affected: organisations and people in Queensland that undertake research involving human embryos are the primary parties affected because the Commonwealth Act will treat Queensland's Act as a corresponding State law for its purposes. That means regulated entities in Queensland will operate under the regulatory framework of the Queensland Act as recognised by the Commonwealth declaration.\n\n### Why it matters (stated purpose and mechanical consequences)\n\n- Stated purpose (as expressed by the instrument): to declare the Queensland Act to be a corresponding State law under the Commonwealth Act (the instrument itself records that declaration under subsection 7(1)).\n- Mechanical consequence: once the declaration commences, the Commonwealth Act will treat the Queensland Act as a corresponding State law. That changes which statutory text the Commonwealth will rely on for interoperation between Commonwealth and State regulatory regimes concerning research involving human embryos.\n\n### Practical trade-offs, incentives and implementation points (grounded in the instrument text)\n\n- Compliance burden: the instrument shifts the operative statutory reference for Queensland-based activity to the Queensland Act (so researchers and institutions in Queensland must follow the Queensland Act as the recognized corresponding law). This creates compliance obligations tied to the content of that State Act (instrument: declaration that the Queensland Act is a corresponding law).\n- Incentives and behaviour: by declaring a State law as corresponding, the Minister changes which body of rules governs regulated behaviour in Queensland for the Commonwealth Act's purposes. Parties will adapt to the Queensland Act's substantive rules rather than a different Commonwealth template where the Commonwealth Act permits reliance on corresponding State law.\n- Administrative discretion: the declaration is an exercise of Ministerial power under subsection 7(1) (the instrument records that power was used). That creates an administrative decision point — the Minister determines whether a State law is to be treated as corresponding under the Commonwealth Act.\n- Timing and implementation risk: the instrument commences the day after registration, so there is a short and definite window before the declaration takes effect (the commencement clause in the instrument). Any administrative arrangements (notifications, guidance, transitional steps) would need to fit that timing.\n- Opportunity costs and trade-offs: the instrument is an administrative recognition of an existing State statute rather than amendment of substantive law. The trade-off is administrative simplicity (recognition of State rules) versus the risk that the substantive requirements of the State Act differ from other jurisdictions; regulated parties must meet the Queensland Act's rules if they wish to rely on the declared correspondence.\n- Limited scope of change: the instrument does not itself amend the content of either Act; it declares correspondence for the purposes of applying the Commonwealth Act (the instrument text is a declaration under subsection 7(1)).\n\n### Administrative note\n\n- The instrument records that its name was amended on registration because the instrument as lodged did not have a unique name (note referencing subsection 10(2), Legislation Rule 2016)."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the limited, technical function it was designed for: recognising a state law as corresponding to federal legislation. It has not expanded beyond its original 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 length (under 200 words of substantive content)","Straightforward declaratory function with no substantive regulatory content of its own"],"plain_english_summary":"This is a short legal instrument made by the federal Health Minister in 2018. It recognises a Queensland state law as a 'corresponding State law' under the federal Research Involving Human Embryos Act 2002.\n\n**What this means:**\n- The federal Parliament passed a law in 2002 setting national standards for research involving human embryos (early-stage human development).\n- However, the Constitution limits what the federal Parliament can directly regulate. States have primary responsibility for health and medical research.\n- To create a consistent national scheme, the federal law allows states to pass their own matching ('corresponding') laws. When a state law is declared 'corresponding,' it works together with the federal law as part of one unified system.\n\n**What this instrument does:**\n- It formally declares that Queensland's *Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003* matches the federal standards.\n- This ensures that embryo research in Queensland operates under the same ethical and legal rules as the rest of Australia, avoiding a patchwork of different state rules.\n\n**Who it affects:**\n- Medical researchers working with human embryos in Queensland.\n- Ethics committees overseeing such research.\n- Patients participating in fertility and stem cell research.\n\n**Why it matters:**\n- It maintains national consistency in sensitive scientific research involving human life.\n- It prevents regulatory gaps that could allow unethical practices in one state that are banned in others.\n- It reflects Australia's careful balance between allowing promising medical research (like stem cell therapies) and maintaining strict ethical boundaries (particularly around human cloning)."}},"importantCases":[],"_links":{"self":"/api/acts/research-involving-human-embryos-corresponding-state-law-qld-declaration-2018","history":"/api/acts/research-involving-human-embryos-corresponding-state-law-qld-declaration-2018/history","analysis":"/api/acts/research-involving-human-embryos-corresponding-state-law-qld-declaration-2018/analysis","conflicts":"/api/acts/research-involving-human-embryos-corresponding-state-law-qld-declaration-2018/conflicts","importantCases":"/api/acts/research-involving-human-embryos-corresponding-state-law-qld-declaration-2018/important-cases","documents":"/api/acts/research-involving-human-embryos-corresponding-state-law-qld-declaration-2018/documents"}}