Human Reproductive Technology Act 1991

Subject to section 13(2), the functions of the Council are —

to advise the Minister —

on reproductive technology and any matter that is connected with, or incidental to, reproductive technology; and

generally, as to the administration and enforcement of this Act;

to advise the CEO —

on matters relating to licensing under this Act, including but not limited to the suitability of any applicant for a licence or of any licensee to carry out particular procedures or approved research and as to the conditions that should be imposed on any licence; and

generally as to the administration and enforcement of this Act and particularly on disciplinary matters;

after consultation with bodies representing persons having relevant expertise or sections of the public having appropriate interests, to compile and to cause to be published, to review, and to amend, a Code of Practice which —

sets out Rules, guidelines and relevant information; and

establishes the ethical standards required of licensees, and gives effect to the principles specified in, and the requirements of, this Act; and

provides for such other matters as may be instructed by the Minister, or as the Council may determine,

subject to paragraph (e), to encourage and facilitate, research —

into the cause, prevention and treatment of all types of human infertility, adequate attention being given both to female and to male infertility; and

as to the social and public health implications of reproductive technology;

to ensure that no project of research is carried out by or on behalf of a licensee upon or with —

any human egg collected in the course of an in vitro fertilisation procedure; or

human gametes intended for subsequent use in an artificial fertilisation procedure; or

any human egg undergoing fertilisation; or

any human embryo; or

any participant,

to consider applications for, and where proper grant, approval to carry out research to which paragraph (e) applies;

to promote informed public debate, and to consult with bodies representing the public or sections of the public, on the ethical, social, economic and public health issues that arise from reproductive technology;

to communicate and collaborate with other bodies having similar functions, in Australia and elsewhere,

Subsection (1)(e)(iv) does not apply in relation to an excess ART embryo except in relation to the use of such an embryo that is an exempt use as defined in section 53W(2).

The Council must not grant approval to any research being conducted upon or with a human embryo unless —

the embryo is intended for use in the reproductive technology treatment of a woman and the Council is satisfied, on the basis of existing scientific and medical knowledge, that the research is unlikely to leave the embryo unfit to be implanted in the body of a woman; or

the research consists of a use referred to in section 53W(2)(b) or (f).

The Council must not grant approval to any diagnostic procedure to be carried out upon or with a human embryo unless —

the embryo is intended for use in the reproductive technology treatment of a woman and the Council is satisfied, on the basis of existing scientific and medical knowledge, that —

the diagnostic procedure is unlikely to leave the embryo unfit to be implanted in the body of a woman; and

where the diagnostic procedure is for the genetic testing of the embryo, there is a significant risk of a serious genetic abnormality or disease being present in the embryo;

the diagnostic procedure consists of a use referred to in section 53W(2)(d) or (f).

Where a person contravenes —

any provision of, or requirement under, this Act, not being a direction; or

any direction given by the CEO, being a direction which is consistent with the Code or is not inconsistent with —

ethical guidelines laid down by the NHMRC, as for the time being prescribed; or

criteria established by a body referred to in section 29(5)(aa)(i) or (ii), as for the time being prescribed; or

a provision of, or any principle set out in, or requirement under, this Act, as from time to time amended,