35Principal Committees

#### 35 Principal Committees (1) The Minister must establish Principal Committees called the Research Committee and the Australian Health Ethics Committee. > Note: For the constitution, functions and members of the Embryo Research Licensing Committee of the NHMRC, see Division 3 of Part 2 of the Research Involving Human Embryos Act 2002. (2) The functions of the Research Committee are: (a) to advise and make recommendations to the Council on the application of the Account; and (b) to monitor the use of assistance provided from the Account; and (c) to advise the Council on matters relating to medical research and public health research, including the quality and scope of such research in Australia; and (d) such other functions as the Minister from time to time determines in writing after consulting the CEO; and (e) any other functions conferred on the Committee by this Act, the regulations or any other law. > Note: The CEO or the Council may delegate additional functions to the Research Committee: see section 82. (3) The functions of the Australian Health Ethics Committee are: (a) to advise the Council on ethical issues relating to health; and (b) to develop and give the Council human research guidelines under subsection 10(2); and (c) any other functions conferred on the Committee in writing by the Minister after consulting the CEO; and (d) any other functions conferred on the Committee by this Act, the regulations or any other law. > Note: The CEO or the Council may delegate additional functions to the Australian Health Ethics Committee: see section 82. (5) The Minister may establish such other Principal Committees as the Minister thinks are necessary to assist the Council to carry out any of its functions, and the Minister may abolish any such Committee. (6) The Australian Health Ethics Committee: (a) must not have more than one member of the Research Committee among its members; and (b) must have as its Chair a person who is: (i) a member of the Council; and (ii) not a member of the Research Committee. > Note 1: For the appointment, terms and conditions of the Chair and other members of the Australian Health Ethics Committee, see Part 5. > Note 2: In certain circumstances, the Chair may be a person who is not a member of the Council: see subsection (10). (7) The Minister must determine, in writing and after consulting the CEO, the name and functions of a Principal Committee established under subsection (5). > Note: The CEO or the Council may delegate additional functions to a Principal Committee: see section 82. (8) The Australian Health Ethics Committee is constituted as provided in section 36. (9) A Principal Committee other than the Australian Health Ethics Committee comprises: (a) a Chair, who must be a member of the Council; and (b) the members appointed by the Minister (whether Council members or not). > Note 1: For the appointment, terms and conditions of the Chairs and other members of the Principal Committees, see Part 5. > Note 2: In certain circumstances, the Chair of a Principal Committee may be a person who is not a member of the Council: see subsection (10). (10) Despite subparagraph (6)(b)(i) and paragraph (9)(a), the Chair of a Principal Committee may be a person who is not a member of the Council if: (a) the Minister does not consider that any member of the Council has the appropriate expertise to be Chair of the Principal Committee; and (b) another member of the Principal Committee is a member of the Council. (11) Before the end of a period of 30 days from the day on which the Minister establishes, or is taken to have established, the Research Committee, the Australian Health Ethics Committee or another Principal Committee, the Minister must cause a notice of the establishment and functions of the Committee to be published in the Gazette. Instruments are not legislative instruments (12) An instrument under this section is not a legislative instrument.