Determination of application by Committee
11 Determination of application by Committee
This section applies if a person has made an application for a licence.
The NHMRC Licensing Committee must decide, in accordance with this section, whether or not to issue the licence.
The NHMRC Licensing Committee must not issue the licence unless it is satisfied of the following:
that appropriate protocols are in place—
to enable proper consent to be obtained before an excess ART embryo or human egg is used, or other embryo is created or used, under the licence;
and
to enable compliance with any restrictions on such consent;
that the activity or project proposed in the application has been assessed and approved by a HREC that is constituted in accordance with, and acting in compliance with, the NHMRC National
Statement on Ethical Conduct in Research Involving Humans (1999), as in force from time to time.
In deciding whether to issue the licence, the NHMRC Licensing
Committee must have regard to the following:
restricting the number of excess ART embryos, other embryos or human eggs, to that likely to be necessary to achieve the goals of the activity or project proposed in the application;
the likelihood of significant advance in knowledge or improvement in technologies for treatment as a result of the use of excess ART embryos or human eggs, or the creation or use of other embryos, proposed in the application, which could not reasonably be achieved by other means;
any relevant guidelines, or relevant parts of guidelines, issued by the Chief Executive Officer of the NHMRC under the
National Medical and Research Council Act 1992 of the Commonwealth and prescribed by the regulations for the purposes of the corresponding provision of the
Research Involving Human Embryos Act 2002 of the Commonwealth;
the HREC assessment of the application mentioned in subsection (3)(c);
such additional matters (if any) as are prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Second reading speech
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