Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A general licence is subject to the condition that before an excess ART embryo or human egg is used, or any other embryo is created or used, as authorised by the licence:
(a) each responsible person in relation to the excess ART embryo, human egg or other embryo must have given proper consent to that creation or use; and
(b) the licence holder must have reported in writing to the NHMRC Licensing Committee that such consent has been obtained, and any restrictions to which the consent is subject.
(2) A general licence is subject to the condition that the use of an excess ART embryo or human egg, or the creation or use of any other embryo, must be in accordance with any restrictions to which the proper consent under subsection (1) is subject.
(4) A general licence is subject to such other conditions as are specified in the licence.
(5) The conditions specified in the licence may include, but are not limited to, conditions relating to the following:
(a) the persons authorised by the licence to use excess ART embryos or human eggs, or create or use other embryos;
(b) the number of excess ART embryos or human eggs authorised to be used under the licence, or the number of other embryos authorised to be created or used under the licence;
(c) reporting;
(d) monitoring;
(e) information to be given by the licence holder to persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos.
(6) The licence conditions set out in subsections (1) and (2) apply to all persons who are authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos.
(7) Licence conditions specified in the licence apply to:
(a) the licence holder; and
(b) such other persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos as are specified in the licence.
(8) For the purposes of applying the condition referred to in paragraph (1)(a):
(a) a general licence may provide that the guidelines referred to in the definition of proper consent in subsection (9) apply in a modified form in relation to the use, under the licence, of excess ART embryos that are unsuitable for implantation; and
(b) if a general licence so provides, the guidelines as modified by the licence have effect in relation to the giving of consent for such creation or use.
Note: For example, the guidelines could apply to a particular licence in a modified form, to alter the cooling - off period required in relation to the use of excess ART embryos that are unsuitable for implantation.
(9) In this Division:
"proper consent" , in relation to the use of an excess ART embryo or a human egg, or the creation or use of any other embryo, means consent obtained in accordance with guidelines issued by the CEO of the NHMRC under the National Health and Medical Research Council Act 1992 and prescribed by the regulations for the purposes of this definition.
"responsible person" means:
(a) in relation to an excess ART embryo:
(i) each person who provided the egg or sperm from which the embryo was created; and
(ii) the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and
(iii) any person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that subparagraph was provided; and
(iv) any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or
(b) in relation to an embryo other than an excess ART embryo--each person whose reproductive material, genetic material or cell was used, or is proposed to be used, in the creation or use of the embryo; or
(c) in relation to a human egg--the woman who was the biological donor of the egg.