1Citation
These regulations may be cited as the Human Reproductive Technology Regulations 1993.
[Regulation 1 amended: Gazette 18 Sep 2018 p. 3513.]
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Bill homepageThese regulations may be cited as the Human Reproductive Technology Regulations 1993.
[Regulation 1 amended: Gazette 18 Sep 2018 p. 3513.]
In these regulations —
Department means the department of the Public Service principally assisting in the administration of the Act.
[Regulation 1A inserted: Gazette 15 Dec 2006 p. 5628.]
An application by a medical practitioner for exemption under section 28(1) of the Act in respect of artificial insemination procedures shall be —
lodged with the Department;
in writing, substantially in accordance with Schedule 1 Form 1, and containing the undertaking prescribed in that Form;
accompanied by —
a fee of $50; and
evidence of the medical qualification of the applicant;
signed by the applicant.
A certificate of exemption in respect to which conditions are to be imposed shall be issued under section 28(1) of the Act in the form of Schedule 1 Form 2..
Where an artificial insemination procedure is carried out by a person, other than by a medical practitioner, no licence or exemption under the Act is required if the person carrying out the procedure —
is acting under the direction of a licensee; and
where donor sperm is used, has given in writing an undertaking to the licensee directing the procedure to furnish to that licensee such detail as may be possible, and is required by that licensee, of the outcome of the procedure.
[Regulation 2 amended: Gazette 15 Dec 2006 p. 5628; 18 Sep 2018 p. 3513.]
An application for a licence, or for the renewal of a licence, shall be lodged with the Department.
An application for a practice licence shall be accompanied by a fee of $1 856.
An application for a storage licence shall be accompanied by a fee —
if —
sperm is not to be collected at the premises to which the licence relates; or
the sperm which is to be collected there is not intended for use in donor insemination,
of $232; and
if sperm intended for use in donor insemination is to be collected at the premises to which the licence relates, of $1 155; and
if eggs or embryos are to be stored, of $1 155.
[Regulation 3 amended: Gazette 15 Dec 2006 p. 5628; 15 Jul 2014 p. 2465; 30 Jun 2017 p. 3571; 25 May 2018 p. 1637; SL 2020/97 r. 10; SL 2021/108 r. 10; SL 2023/96 r. 13; SL 2024/91 r. 13; SL 2025/104 r. 14; SL 2026/121 r. 14.]
4. Registers of identity, etc.
For the purpose of a register required to be kept under section 45(1)(b)(i) of the Act, the prescribed information to be shown in respect of a licence is —
the full name and address of the licensee;
the kind of licence;
the date of grant, the date of expiry;
any date from which the operation of the licence was, is, or is to be suspended, and the period of suspension ordered;
each condition, term or matter currently and specifically applicable, whether as required by section 27(4)(a)(ii), (iii) and (iv) or by any condition, term or matter subsequently imposed, or as varied, and the period for which it is to apply;
the full name and address of the person responsible, and of any person approved as a manager or as temporarily responsible, specifying the period applicable;
the address of the premises to which the licence relates, containing such detail as is sufficient to identify those premises; and
the date, and the outcome, of any monitoring or review.
For the purpose of a register required to be kept under section 45(1)(b)(ii) of the Act, the prescribed information to be shown in respect to persons to whom an exemption under section 28 of the Act applies is —
the full name and address of the holder of the exemption;
the kind of procedures to which the exemption relates;
the date the exemption takes effect;
the date of issue of any certificate of exemption;
any date from which the operation of any exemption deemed to have been or specifically issued was, is, or is to be suspended, and the period of suspension ordered;
each condition currently and specifically applicable, and the period for which it is to apply;
the full name and address of the person responsible; and
if the exemption, or any condition, relates to specific premises the address of those premises containing such detail as is sufficient to identify those premises.
For the purpose of the register required to be kept under section 45(1)(d) of the Act, the prescribed requirements to be shown in relation to any disciplinary proceedings are —
the name of the licensee or other person to whom the proceedings relate;
the kind of licence, and the premises, to which the proceedings relate;
the nature of the matters alleged as requiring disciplinary action;
each kind of disciplinary action taken, and the date on which it was taken;
whether any, and what, summary determination was made, consent given or cause shown;
whether any, and what, warning or penalty was imposed by the CEO summarily;
the nature of any allegation made to the State Administrative Tribunal by the CEO;
the outcome of any allegation to the State Administrative Tribunal, including any penalty imposed by the Tribunal; and
[(j), (k) deleted]
the nature, and outcome, of any review by the State Administrative Tribunal.
The CEO shall cause to be kept, in a place and manner approved by the Minister, registers containing information relating to —
the export from the State of gametes, eggs in the process of fertilisation or embryos; and
the subsequent use, or other dealing in or disposal, of the exported material,
as may be required to be supplied by any provision of the Code, by a direction given under section 31(1)(b), or by a condition imposed under any such provision or direction.
[Regulation 4 amended: Gazette 12 May 1995 p. 1775; 30 Dec 2004 p. 6939; 15 Dec 2006 p. 5628-9.]
The fee for a person to be furnished with information under section 46 of the Act is $75.
The fee referred to in subregulation (1) is waived if the information is furnished under section 46(2) or (3)(a) of the Act.
[Regulation 4AA inserted: SL 2023/5 r. 4.]
A warrant for the purposes of section 55(1) of the Act must be in the form of Schedule 1 Form 3.
[Regulation 4A inserted: Gazette 18 Sep 2018 p. 3513.]
The certificate of identity to be issued to an authorised officer or other person to whom section 59(2) of the Act applies shall show —
the full name, and a photograph of the face, of that person;
whether that person —
is generally authorised for the purposes of the Act;
is authorised only for specific named functions or in particular circumstances; and
is, or is not, to be given right of access to participant identifying information;
the signature of the holder; and
the signature of the CEO , and the date of issue,
on a background clearly stating the name of the Act, and identifying an officer of the Department of whom inquiries may be made.
[Regulation 5 amended: Gazette 15 Dec 2006 p. 5629.]
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