Research Involving Human Embryos Act 2003

A licence is subject to the condition that before an excess ART embryo or human egg is used, or any other embryo is created or used, as authorised by the licence—

each responsible person in relation to the excess ART embryo, human egg or other embryo must have given proper consent to that creation or use; and

the licence holder must have reported in writing to the NHMRC Licensing Committee that such consent has been obtained, and any restrictions to which the consent is subject.

A licence is subject to the condition that the use of an excess ART embryo or human egg, or the creation or use of any other embryo, must be in accordance with any restrictions to which the proper consent under subsection (1) is subject.

A licence is subject to such other conditions as are specified in the licence.

The conditions specified in the licence may include, but are not limited to, conditions relating to the following:

the persons authorised by the licence to use excess ART embryos or human eggs, or create or use other embryos;

the number of excess ART embryos or human eggs authorised to be used under the licence, or the number of other embryos authorised to be created or used under the licence;

reporting;

monitoring;

information to be given by the licence holder to persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos.

The licence conditions set out in subsections (1), (2) and (3) apply to all persons who are authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos.

Licence conditions specified in the licence apply to—

the licence holder; and

such other persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos, as are specified in the licence.

For the purposes of applying the condition referred to in subsection (1)(a)—

a licence may provide that the guidelines referred to in the definition of proper consent apply in a modified form in relation to the use, under the licence, of excess ART embryos that are unsuitable for implantation; and

if a licence so provides, the guidelines as modified by the licence have effect in relation to the giving of consent for such creation or use. NoteFor example, the guidelines could apply to a particular licence in a modified form, to alter the cooling‑off period required in relation to the use of excess ART embryos that are unsuitable for implantation.