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Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003
sec.40Review of decisions
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### sec.40 Review of decisions
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 .
This section has effect subject to the Administrative Review Tribunal Act 2024 (Cwlth) .
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) .
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.
s 40 amd 2007 No. 45 s 19 ; 2024 No. 47 s 78 sch 2
(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 .
(sec.40-ssec.2) This section has effect subject to the Administrative Review Tribunal Act 2024 (Cwlth) .
(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) .
(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.
- (a) a decision under section 29 not to issue a licence;
- (b) a decision in respect of the period throughout which the licence is to be in force under section 31 ;
- (c) a decision to specify a licence condition under section 32 (4) ;
- (ca) a decision to modify guidelines under section 32 (8) in respect of a licence;
- (d) a decision to vary or refuse to vary a licence under section 33 ;
- (e) a decision to suspend or revoke a licence under section 34 .