South Australia regulation

Research Involving Human Embryos Regulations 2018

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations set procedural rules under the Research Involving Human Embryos Act 2003: how magistrates may issue warrants (including affidavit verification and limited emergency telephone procedures) and how compensation claims are made and paid. The Minister is made responsible for paying compensation and may specify application forms and require affidavit-verified evidence. The instrument also revokes the 2003 regulations. It matters because it allocates who pays, imposes affidavit and filing duties on applicants and magistrates, and gives officials discretion over forms and evidentiary requirements.

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Research Involving Human Embryos Regulations 2018

South Australia Research Involving Human Embryos Regulations 2018 under the Research Involving Human Embryos Act 2003

Contents 1 Short title 2 Commencement 3 Interpretation 4 Applications for warrants (section 23(7) of Act) 5 Compensation for damage (section 26(2) of Act) Schedule 1—Revocation of Research Involving Human Embryos Regulations 2003 Legislative history

1—Short title These regulations may be cited as the Research Involving Human Embryos Regulations 2018. 2—Commencement These regulations will come into operation on 1 September 2018. 3—Interpretation In these regulations— Act means the Research Involving Human Embryos Act 2003. 4—Applications for warrants (section 23(7) of Act) (1) The grounds of an application for a warrant under section 23 of the Act made personally must be verified by affidavit. (2) An application for a warrant cannot be made by telephone unless, in the opinion of the applicant, a warrant is urgently required and there is not enough time to make the application personally. (3) If an application for a warrant is made by telephone— (a) the applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and (b) the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and (c) if it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and (d) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and (e) the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and (f) the magistrate must inform the applicant of the terms of the warrant; and (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c). (4) A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court. 5—Compensation for damage (section 26(2) of Act) (1) Any compensation under section 26(1) of the Act is payable by the Minister. (2) A person seeking compensation must make application to the Minister in a manner and form determined by the Minister. (3) The Minister may require that an applicant provide such information as may be determined by the Minister in order to substantiate a claim for compensation, and that the information be verified by affidavit. Schedule 1—Revocation of Research Involving Human Embryos Regulations 2003 The Research Involving Human Embryos Regulations 2003 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2018 195 Gazette 2.8.2018 p3013 1.9.2018: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Research Involving Human Embryos Regulations 2018

South Australia Research Involving Human Embryos Regulations 2018 under the Research Involving Human Embryos Act 2003

1—Short title These regulations may be cited as the Research Involving Human Embryos Regulations 2018. 2—Commencement These regulations will come into operation on 1 September 2018. 3—Interpretation In these regulations— Act means the Research Involving Human Embryos Act 2003. 4—Applications for warrants (section 23(7) of Act) (1) The grounds of an application for a warrant under section 23 of the Act made personally must be verified by affidavit. (2) An application for a warrant cannot be made by telephone unless, in the opinion of the applicant, a warrant is urgently required and there is not enough time to make the application personally. (3) If an application for a warrant is made by telephone— (a) the applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and (b) the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and (c) if it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and (d) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and (e) the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and (f) the magistrate must inform the applicant of the terms of the warrant; and (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c). (4) A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court. 5—Compensation for damage (section 26(2) of Act) (1) Any compensation under section 26(1) of the Act is payable by the Minister. (2) A person seeking compensation must make application to the Minister in a manner and form determined by the Minister. (3) The Minister may require that an applicant provide such information as may be determined by the Minister in order to substantiate a claim for compensation, and that the information be verified by affidavit. Schedule 1—Revocation of Research Involving Human Embryos Regulations 2003 The Research Involving Human Embryos Regulations 2003 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2018 195 Gazette 2.8.2018 p3013 1.9.2018: r 2