Queensland Consolidated Acts

RESEARCH INVOLVING HUMAN EMBRYOS AND PROHIBITION OF HUMAN CLONING FOR REPRODUCTION ACT 2003

- As at 14 October 2024 
- Act 7 of 2003 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Object of Act
   4.      Act binds all persons
   5.      Definitions
   6.      Meaning of reckless

   PART 2 - PROHIBITED PRACTICES

           Division 1 - Practices that are completely prohibited

   7.      Offence—placing a human embryo clone in the human body or the body of an animal
   8.      Offence—creating a human embryo for a purpose other than achieving pregnancy in a woman
   9.      Offence—creating or developing a human embryo by fertilisation that contains genetic material provided by more than 2 persons
   10.     Offence—developing a human embryo outside the body of a woman for more than 14 days
   11.     Offence—heritable alterations to genome
   12.     Offence—collecting a viable human embryo from the body of a woman
   13.     Offence—creating a chimeric embryo
   14.     Offence—developing a hybrid embryo
   15.     Offence—placing of an embryo
   16.     Offence—placing a prohibited embryo
   17.     Offence—commercial trading in human eggs, human sperm or human embryos

           Division 2 - Practices that are prohibited unless authorised by a licence

   18.     Offence—creating a human embryo other than by fertilisation, or developing such an embryo
   19.     Offence—creating or developing a human embryo containing genetic material provided by more than 2 persons
   20.     Offence—using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such an embryo
   20A.    Offence—creating a hybrid embryo

   PART 3 - REGULATION OF THE USE OF EXCESS ART EMBRYOS, OTHER EMBRYOS AND HUMAN EGGS

           Division 1 - Interpretation

   21.     Definitions for pt 3
   22.     Meaning of excess ART embryo

           Division 2 - Offences

   23.     Offence—use of excess ART embryo
   23A.    Offence—use of other embryos
   23B.    Offence—certain activities involving use of human eggs
   24.     Offence—use of embryo that is not an excess ART embryo
   25.     Offence—breaching a licence condition
   25A.    Person not liable for conduct purportedly authorised

           Division 3 - Embryo Research Licensing Committee of the NHMRC

   26.     Functions of committee
   27.     Powers of committee

           Division 4 - Licensing system

   28.     Person may apply for licence
   29.     Determination of application by committee
   30.     Notification of decision
   31.     Period of licence
   32.     Licence is subject to conditions
   33.     Variation of licence
   34.     Suspension or revocation of licence
   35.     Surrender of licence
   36.     Notification of variation, suspension or revocation of licence

           Division 5 - Reporting and confidentiality

   37.     NHMRC Licensing Committee to make certain information publicly available
   38.     Confidential commercial information may only be disclosed in certain circumstances

           Division 6 - Review provisions

   39.     Definitions for div 6
   40.     Review of decisions

   PART 4 - MONITORING POWERS

   41.     Appointment of inspectors
   42.     Identity card
   43.     Powers available to inspectors for monitoring compliance
   44.     Monitoring powers
   45.     Power to secure
   45A.    Monitoring warrants
   45B.    Details of warrant to be given to occupier etc.
   45C.    Announcement before entry
   45D.    Occupier entitled to be present during search
   46.     Inspector must produce identity card on request
   47.     Consent
   48.     Compensation for damage

   PART 5 - MISCELLANEOUS

           Division 1 - Review of Act

   49.     Further review of operation of Act

           Division 2 - Matters about offences

   50.     Attempts to commit offences against this Act
   51.     Crimes and summary offences
   52.     Limitation on time for starting summary proceedings

           Division 3 - Regulations

   53.      Regulation-making power

   PART 6 - SAVING PROVISIONS

   54.     Saving provision
           SCHEDULE - Dictionary