Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Subregulation 2 (1), definition of human embryo
substitute
"human embryo clone" has the meaning given by section 8 of the Prohibition of Human Cloning for Reproduction Act 2002.
[2] After regulation 8
insert
8A Exportation of viable material derived from human embryo clones
(1) In this regulation:
"authorised person" means a person authorised in writing by the Minister for this regulation.
"Minister" means the Minister administering the Prohibition of Human Cloning for Reproduction Act 2002 .
"viable material" means living tissue and cells.
Note For the Minister administering the Prohibition of Human Cloning for Reproduction Act 2002 , see the latest Administrative Arrangements Order, available on the internet at http://www.comlaw.gov.au .
(2) The exportation from Australia of viable material derived from human embryo clones is prohibited unless:
(a) the Minister or an authorised person has granted permission in writing; and
(b) the permission mentioned in paragraph (a) is produced to a Collector at or before the time of exportation.
(3) The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
(4) The Minister or an authorised person may, by notice in writing to the holder of the permission, revoke a permission granted under paragraph 2 (a) if the holder of the permission engages in conduct that contravenes a condition or requirement mentioned in subregulation (3).
(5) For subregulation (4), the Minister or an authorised person may revoke the permission whether or not the holder of the permission is charged with an offence under subsection 112 (2B) of the Act.
(6) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:
(a) not to grant a permission; or
(b) to grant a permission specifying a condition or requirement; or
(c) to revoke a permission.
(7) Notice of a decision referred to in subregulation (6) is to include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975 , a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act.
(8) A failure to comply with subregulation (7) does not affect the validity of the decision.
[3] Schedule 6, item 1
substitute
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1 |
Human body fluids, organs and other tissue: (a) including a part or constituent of material of that kind, if the internal volume of the immediate container in which the material is packed exceeds 50 ml; and (b) excluding viable material derived from human embryo clones. |