Research Involving Human Embryos Regulations 2003

Statutory Rules 2003 No. 22 as amended

made under the

Research Involving Human Embryos Act 2002

This compilation was prepared on 20 September 2005
taking into account amendments up to SLI 2005 No. 206

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

 1.1 Name of Regulations [see Note 1]

 1.2 Commencement [see Note 1]

 1.3 Definition 

Part 2 Regulation of certain uses involving excess ART embryos

 2.1A Proper consent — prescribed guidelines 

 2.1 NHMRC Licensing Committee — prescribed bodies from which nominations must be sought (Act s 16)             

 2.2 Prescribed guidelines to which NHMRC Licensing Committee must have regard (Act s 21)             

Part 3 Miscellaneous

 3.1 Form of identity card 

Schedule 1 Committee — prescribed bodies from which nominations must be sought             

Notes 

 

Part 1 Preliminary

 

1.1 Name of Regulations [see Note 1]

  These Regulations are the Research Involving Human Embryos Regulations 2003.

1.2 Commencement [see Note 1]

  These Regulations commence on gazettal.

1.3 Definition

  In these Regulations:

Act means the Research Involving Human Embryos Act 2002.

Part 2 Regulation of certain uses involving excess ART embryos

 

2.1A Proper consent — prescribed guidelines

  For paragraph (b) of the definition of proper consent in section 8 of the Act, the Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research, issued by the NHMRC in 2004 and as in force at the commencement of this regulation, are prescribed.

2.1 NHMRC Licensing Committee — prescribed bodies from which nominations must be sought (Act s 16)

  For paragraph 16 (3) (a) of the Act, each body mentioned in column 2 of an item in Schedule 1 is prescribed.

2.2 Prescribed guidelines to which NHMRC Licensing Committee must have regard (Act s 21)

  For paragraph 21 (4) (c) of the Act, the following guidelines are prescribed:

 (a) the Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research, issued by the NHMRC in 2004 and as in force at the commencement of this regulation;

 (b) the National Statement on Ethical Conduct in Research Involving Humans, issued by the NHMRC in 1999.

Part 3 Miscellaneous

 

3.1 Form of identity card

  For paragraph 34 (2) (a) of the Act:

 (a) an inspector’s identity card must state the date of issue and the period of validity; and

 (b) the card’s recent photograph of the inspector must be substantially a photograph of the inspector’s face.

Schedule 1 Committee — prescribed bodies from which nominations must be sought

(regulation 2.1)

 

 

Item

Body

1

Academy of Science

2

ACCESS Australia’s National Infertility Network Ltd

3

Australasian Bioethics Association Inc

4

Australian Biotechnology Advisory Council

5

Australian Consumers’ Association

6

Australian Research Council

7

Australian Vice-Chancellors’ Committee

8

Consumers’ Health Forum of Australia

9

Law Council of Australia

10

Australian Federation of Disability Organisations

11

Royal College of Nursing, Australia

12

The Australian and New Zealand Infertility Counsellors Association Incorporated

13

The Australian Institute of Health, Law and Ethics Inc

14

The Australian Society for Medical Research

15

The Fertility Society of Australia

16

The Royal Australasian College of Physicians

17

The Royal Australian and New Zealand College of Obstetricians and Gynaecologists

18

The Royal Australian College of General Practitioners

 

Notes to the Research Involving Human Embryos Regulations 2003

Note 1

The Research Involving Human Embryos Regulations 2003 (in force under the Research Involving Human Embryos Act 2002) as shown in this compilation comprise Statutory Rules 2003 No. 22 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette and FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2003 No. 22

27 Feb 2003

27 Feb 2003

 

2005 No. 206

19 Sept 2005 (see F2005L02562)

20 Sept 2005

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 2

 

R. 2.1A...............

ad. 2005 No. 206

R. 2.2................

am. 2005 No. 206

Schedule 1

 

Schedule 1............

am. 2005 No. 206