Table Of Contents

Research Involving Human Embryos (New South Wales) Act 2003 No 21

An Act to apply the Research Involving Human Embryos Act 2002 of the Commonwealth as a law of this State; and for other purposes.
Part 1 Preliminary
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Object of Act
(1)  The object of this Act is to adopt in this State a uniform Australian approach to the regulation of activities that involve the use of certain human embryos created by assisted reproductive technology.
(2)  For that purpose, this Act:
(a)  applies the Research Involving Human Embryos Act 2002 of the Commonwealth as a law of this State, and
(b)  makes provision to ensure that the Commonwealth Act and the applied law of this State are administered on a uniform basis by the Commonwealth as if they constituted a single law of the Commonwealth.
4   Definitions
(1)  In this Act:
applied provisions means the Commonwealth embryo laws that apply as a law of this State because of section 5, including any modification under section 6.
Commonwealth administrative laws means the following Acts and regulations of the Commonwealth:
(a)  the Administrative Appeals Tribunal Act 1975 (excluding Part IVA),
(c)  the Ombudsman Act 1976,
(d)  the Privacy Act 1988,
(e)  the regulations in force under any of those Acts.
Commonwealth Embryo Act means the Research Involving Human Embryos Act 2002 of the Commonwealth.
Commonwealth embryo laws means:
(f)  the Commonwealth Embryo Act, and
(g)  all regulations in force under that Act.
function includes duty.
modification includes additions, omissions and substitutions.
NHMRC Licensing Committee means the Embryo Research Licensing Committee of the NHMRC established under the Commonwealth Embryo Act.
(2)  If an expression is defined in the Commonwealth Embryo Act and is also used in this Act, the expression as used in this Act has, unless the contrary intention appears, the same meaning as in that Act.
(3)  In this Act, a reference to a Commonwealth Act includes a reference to:
(a)  that Commonwealth Act, as amended and in force for the time being, and
(b)  an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.
Part 2 The applied provisions
5   Application of Commonwealth embryo laws to this State
(1)  The Commonwealth embryo laws, as in force for the time being and as modified by or under this Act, apply as a law of this State.
(2)  Those Commonwealth embryo laws so apply as if they extended to matters in relation to which this State may make laws:
(a)  whether or not the Commonwealth may make laws in relation to those matters, and
(b)  even though the Commonwealth embryo laws provide that they apply only to specified matters with respect to which the Commonwealth may make laws.
6   Modification of Commonwealth embryo laws
(1)  The Commonwealth embryo laws are modified for the purposes of this Act by requiring a reference in section 26 (2) or 41 of the Commonwealth Embryo Act to the Prohibition of Human Cloning Act 2002 of the Commonwealth to be read as including a reference to the Human Cloning and Other Prohibited Practices Act 2003 of New South Wales.
(2)  The regulations under this Act may also modify the Commonwealth embryo laws for the purposes of this Act.
(3)  Without limiting subsection (2), the regulations may provide that the Commonwealth embryo laws apply under section 5 (1) as if an amendment to the Commonwealth embryo laws:
(a)  made by a law of the Commonwealth, and
(b)  specified in the regulations,
had not taken effect.
7   Interpretation of Commonwealth embryo laws
(1)  The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this State in relation to the interpretation of the applied provisions. That Act so applies as if the applied provisions were a Commonwealth Act or were regulations or other instruments under a Commonwealth Act, as the case requires.
(2)  The Interpretation Act 1987 of New South Wales does not apply to the applied provisions.
Part 3 Functions and powers under applied provisions
8   Functions and powers of NHMRC Licensing Committee and other bodies and officers
The NHMRC Licensing Committee, its Chairperson and members and other bodies and officers referred to in the applied provisions have the same functions and powers under the applied provisions as they have under the Commonwealth embryo laws, as those laws apply to the Commonwealth.
9   Delegations
Any delegation by the NHMRC Licensing Committee or by the Chairperson or member of that Committee under the Commonwealth Embryo Act is taken to extend to, and have effect for the purposes of, the corresponding provision of the applied provisions.
Part 4 Offences
10   Object of this Part
(1)  The object of this Part is to further the object of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth.
(2)  The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to):
(a)  the investigation and prosecution of offences, and
(b)  the arrest, custody, bail, trial and conviction of offenders or persons charged with offences, and
(c)  proceedings relating to a matter referred to in paragraph (a) or (b), and
(d)  appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and
(e)  the sentencing, punishment and release of persons convicted of offences, and
(f)  fines, penalties and forfeitures, and
(g)  liability to make reparation in connection with offences, and
(h)  proceeds of crime, and
(i)  spent convictions.
11   Application of Commonwealth criminal laws to offences against applied provisions
(1)  The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.
(2)  For the purposes of a law of this State, an offence against the applied provisions:
(a)  is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth, and
(b)  is taken not to be an offence against the laws of this State.
(3)  Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.
12   Functions and powers conferred on Commonwealth officers and authorities relating to offences
(1)  A Commonwealth law applying because of section 11 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth embryo laws also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions.
(2)  In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth embryo laws.
13   No double jeopardy for offences against applied provisions
If:
(a)  an act or omission is an offence against both the applied provisions and an offence against the Commonwealth embryo laws, and
(b)  the offender has been punished for that offence under those Commonwealth laws,
the offender is not liable to be punished for the offence under the applied provisions.
Part 5 Administrative laws
14   Application of Commonwealth administrative laws to applied provisions
(1)  The Commonwealth administrative laws apply as laws of this State to any matter arising in relation to the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State.
(2)  For the purposes of a law of this State, a matter arising in relation to the applied provisions:
(a)  is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if those provisions were a law of the Commonwealth, and
(b)  is taken not to be a matter arising in relation to laws of this State.
(3)  Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations under this Act.
(4)  Any provision of a Commonwealth administrative law applying because of this section that purports to confer jurisdiction on a federal court is taken not to have that effect.
(5)  For the purposes of this section, a reference in a provision of the Administrative Appeals Tribunal Act 1975 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part IVA of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.
15   Functions and powers conferred on Commonwealth officers and authorities
(1)  A Commonwealth administrative law applying because of section 14 that confers on a Commonwealth officer or authority a function or power also confers on the officer or authority the same function or power in relation to a matter arising in relation to the applied provisions.
(2)  In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power under the Commonwealth administrative law.
Part 6 Miscellaneous
16   Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
17   Things done for multiple purposes
The validity of a licence, certificate or other thing issued, given or done for the purposes of the applied provisions is not affected only because it was issued, given or done also for the purposes of the Commonwealth embryo laws.
18   Reference in Commonwealth law to a provision of another law
For the purposes of sections 11 and 14, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying because of those sections.
19   Fees and other money
All fees, penalties, fines and other money that, under the applied provisions, are authorised or directed to be payable by or imposed on any person (but not including an amount ordered to be refunded to another person) must be paid to the Commonwealth.
20   Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
21   Amendment of Federal Courts (State Jurisdiction) Act 1999 No 22
The Federal Courts (State Jurisdiction) Act 1999 is amended by inserting after paragraph (h1) of the definition of relevant State Act in section 3 the following paragraph:
  
22   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
(4)  The Minister may undertake the review of this Act at the same time as the review required by section 47 of the Research Involving Human Embryos Act 2002 of the Commonwealth, in which case the report on the outcome of the review of this Act is to be tabled in each House of Parliament as soon as practicable after the Minister has completed the review.