{"id":"F2018L01406","name":"Research Involving Human Embryos (Corresponding State Law—VIC) Declaration 2018","slug":"research-involving-human-embryos-corresponding-state-law-vic-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98089,"registerId":"commonwealth-F2018L01406-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—VIC) 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—VIC) 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 Act 2008 of Victoria, to be 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\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":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the parent Act's framework. The Research Involving Human Embryos Act 2002 was specifically designed to allow states/territories to opt into a corresponding law scheme, and this declaration merely executes that existing mechanism for Victoria. The scope remains precisely as originally intended: administrative recognition of state legislative equivalence."},"complexity_factors":["Single operative provision (one sentence declaring the Victorian Act to be corresponding law)","No defined terms within the instrument itself (relies entirely on external definitions in the parent Act)","No conditional logic, exceptions, or procedural requirements","No cross-references to other sections beyond the enabling provision (subsection 7(1))","Total length: approximately 150 words of substantive content","Standard legislative instrument template with minimal custom content"],"plain_english_summary":"This is a short legal declaration made by the federal Health Minister in 2018. It recognises a Victorian state law (the Research Involving Human Embryos Act 2008) as 'corresponding State law' under the federal Research Involving Human Embryos Act 2002.\n\n**What this means:**\n- **The big picture:** Australia has a national scheme regulating research on human embryos (the NHMRC Embryo Research Licensing Scheme). States and territories can choose to run their own equivalent schemes instead of the federal one.\n- **What this declaration does:** It formally approves Victoria's state law as meeting the federal standards. This allows Victoria to issue its own licences for embryo research rather than having the federal government do it.\n- **Who it affects:** Researchers and institutions in Victoria who want to conduct research involving human embryos. They can now apply to the Victorian Government for licences instead of the federal government.\n- **Why it matters:** It creates a streamlined, single-point-of-contact for Victorian researchers. They deal with Victorian regulators and Victorian law, while still meeting national ethical standards. This avoids duplication between state and federal oversight.\n\n**Key point:** This isn't changing the rules about what research is allowed—it's just deciding *which government* (state or federal) handles the paperwork and enforcement for Victorian researchers."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not change the substantive legal duties or content of the Commonwealth Act or the Victorian Act. It performs a designation: it declares the Research Involving Human Embryos Act 2008 (Vic) to be a \"corresponding State law\" for the purposes of the Commonwealth Act (declaration under subsection 7(1) as recorded in the instrument). The instrument’s effect is limited to that cross‑reference and to its commencement timing (\"commences the day after registration\"). It does not itself amend either statute or add procedural, financial, or enforcement provisions."},"complexity_factors":["Single, discrete legal act: the instrument performs one operative task — a statutory declaration (text cites subsection 7(1) of the Research Involving Human Embryos Act 2002).","Dependence on cross-referenced statutes: understanding practical effects requires reading the Commonwealth Act and the named Victorian Act, which are not reproduced here.","Ministerial discretion is invoked: the instrument is an exercise of a statutory power by the Minister, but the instrument contains no statement of criteria or process for that exercise.","Technical commencement rule: effect begins the day after registration, so legal timing depends on registration procedures rather than the instrument’s signing date.","Administrative amendment on registration: the instrument records a naming amendment under the Legislation Rule 2016, a technical drafting/registry detail."],"plain_english_summary":"The Minister for Health declares that Victoria’s Research Involving Human Embryos Act 2008 is a “corresponding State law” for the Commonwealth Research Involving Human Embryos framework. The declaration takes effect the day after registration and does not itself create new obligations, fees or procedures—it simply makes the Victorian Act operate as the designated corresponding law under the Commonwealth scheme."}},"importantCases":[],"_links":{"self":"/api/acts/research-involving-human-embryos-corresponding-state-law-vic-declaration-2018","history":"/api/acts/research-involving-human-embryos-corresponding-state-law-vic-declaration-2018/history","analysis":"/api/acts/research-involving-human-embryos-corresponding-state-law-vic-declaration-2018/analysis","conflicts":"/api/acts/research-involving-human-embryos-corresponding-state-law-vic-declaration-2018/conflicts","importantCases":"/api/acts/research-involving-human-embryos-corresponding-state-law-vic-declaration-2018/important-cases","documents":"/api/acts/research-involving-human-embryos-corresponding-state-law-vic-declaration-2018/documents"}}