Human Reproductive Technology Act 1991

An application for a licence or exemption shall be —

made in the first instance to the CEO, in writing, and, if a form or manner of making an application of that kind is prescribed, as prescribed; and

accompanied by the prescribed fee, if any; and

supported by such further or other information as the CEO may in a particular case require.

The CEO, or a person authorised by the CEO, may cause an investigation or inquiry to be made into the background and antecedents of an applicant, or of any person who occupies a position of authority in a body which is an applicant, or who would become a person to whom the licence applies, or who may be directly materially interested in the reproductive technology practice to be carried on under the proposed licence or exemption.

Where the CEO is of the opinion that the information provided in relation to the application is insufficient to enable him or her to determine the application, the CEO need not consider the application until the applicant has provided such further information as the CEO requires.

The CEO shall not grant a licence or issue an exemption to a person, or to a body corporate of which a person who occupies a position of authority in that body is a person, or to a body of persons where a member of that body is a person, who —

is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

being a body corporate, is under receivership or official management or is in liquidation; or

is disqualified from holding a licence, or holds a licence which is suspended.

A licence shall not be granted to an applicant, and a licence shall not be renewed in favour of an existing holder, unless the CEO is satisfied —

that every person who would become a person to whom the licence applies is, for the purposes of this Act, a fit and proper person; and

that the applicant is accredited to carry out reproductive technology by —

the Reproductive Technology Accreditation Committee of the Fertility Society of Australia; or

if the regulations prescribe another body or other bodies in addition to, or instead of, the body mentioned in paragraph (a), that other body or any of those other bodies, as the case requires;

that adequate and appropriate premises, equipment, staff, supervision, support services and facilities are available, and are likely to remain available, for the purposes to which the licence relates; and

that the licence is needed to fulfil a genuine social need.

In relation to any application for the grant or renewal of a licence the applicant —

may be required to satisfy the CEO —

if the applicant is a body of persons or a body corporate, that any person who occupies a position of authority in that body is for the purpose of this Act a fit and proper person to occupy that position;

that any person who has a material interest in the reproductive technology practice to be carried on under the licence is a fit and proper person to have that interest;

if the application is made on behalf of a body of persons associated together, as to the nature of their common interest;

shall be required to satisfy the CEO as to —

the character, qualifications and experience of the individual who is to be the licence supervisor; and

the manner in which any person who would under the proposed licence be a person to whom the Act applies has in the past observed the requirements of this Act; and

matters relating to the counselling of participants and the obtaining of an informed and effective consent; and

the compilation, safe keeping, retention, storage and confidentiality of records.

An application —

may be refused, even if the applicant meets all the requirements of this Act; or

may be granted, if there is evidence of substantial compliance with this Act, even if the application does not comply entirely with the requirements of this Act,

Where the CEO waives or modifies any requirement for formal compliance with any procedure relating to an application, conditions may be imposed in relation to that waiver or modification.