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HUMAN EMBRYO (RESEARCH) ACT 2004 (NO. 22 OF 2004) - SECT 18

Licence is subject to conditions

    (1)     A licence is subject to the condition that before an excess ART embryo is used as authorised by the licence

        (a)     each responsible person in relation to the excess ART embryo must have given proper consent to that use; and

        (b)     the licence holder must have reported in writing to the NHMRC licensing committee that the consent has been obtained, and any restrictions to which the consent is subject; and

        (c)     if the licence authorises use of an excess ART embryo that may damage or destroy the embryo—the licence holder must have reported in writing to the NHMRC licensing committee that the embryo was created before 5 April 2002.

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

    (3)     If a licence authorises the use of an excess ART embryo that may damage or destroy the embryo, the licence is subject to the condition that the use is authorised only in relation to an embryo created before 5 April 2002.

    (4)     A licence is subject to the other conditions (if any) stated in the licence.

    (5)     The conditions stated in the licence may include, for example, conditions relating to the following:

        (a)     the people authorised by the licence to use excess ART embryos;

        (b)     the number of excess ART embryos in relation to which use is authorised by the licence;

        (c)     reporting;

        (d)     monitoring;

        (e)     information to be given by the licence holder to people authorised by the licence to use excess ART embryos.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (6)     The licence conditions mentioned in subsections (1), (2) and (3) apply to all people who are authorised by the licence to use excess ART embryos.

    (7)     Licence conditions stated in the licence apply to—

        (a)     the licence holder; and

        (b)     such other people authorised by the licence to use excess ART embryos as are stated in the licence.



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