(1) The CHO may issue a research authorisation for a Schedule 3, 4 or 8 substance, or a prohibited substance, for medical or scientific research only if satisfied:
(a) the research has merit and is justified; and
(b) the research is to be conducted or supervised by persons with experience, qualifications and competence that are appropriate for the research; and
(c) the research is to be conducted using facilities and resources appropriate for the research; and
(d) the research cannot be carried out without the use of the substance; and
(e) security arrangements for the place where the research is to be conducted are adequate to prevent the unlawful use or removal of the substance from the place.
(2) In deciding whether the research has merit and is justified, the CHO must take into account the following:
(a) the scope and objectives of the research;
(b) the potential benefits or predicted value to be gained by the research;
(c) if the research involves participation by humans:
(i) ethical considerations; and
(ii) the risk of potential harm to the participants, their families and the community at large, including, for example, the kind of harm, the likelihood of the harm occurring and the severity of the harm;
(d) if the research involves the use of animals:
(i) ethical considerations; and
(ii) the potential effects on the welfare of the animals.
Note for section 141
Other legislation may apply to the medical or scientific research for which the application is made, for example, the National Health and Medical Research Council Act 1992 (Cth). Under that Act, guidelines are issued on matters relating to public health research and medical research.