Victorian Repealed Acts

This legislation has been repealed.

Infertility Treatment Act 1995 - SECT 122

Powers, functions, duties and consultation requirements

122. Powers, functions, duties and consultation requirements



(1) The Authority has the following functions-

   (a)  to administer the compiling and keeping of records under Part 7 and
        access to those records;

   (b)  to administer the licensing and approvals systems under Part 8 and to
        grant exemptions under that Part or section 56;

   (c)  to monitor compliance with licences, approvals and exemptions given
        under this Act;

   (d)  to consider requests to approve the extension of the maximum storage
        period for gametes or embryos and, if it thinks fit, to approve that
        extension;

   (e)  to keep under regular review the progress of approved research;

   (f)  to keep records about-

   (i)  programs and activities carried out under this Act, other than Part
        2A; and

   (ii) programs and procedures relating to infertility carried out outside
        Victoria;

   (g)  to keep under regular review and, if it thinks fit, to make
        recommendations to the Minister about its functions, operation or
        composition;

   (h)  to promote research into the causes of infertility;

        (i)    to approve the bringing of gametes or embryos into or the
               taking of them from the State, and to provide for the exemption
               from particular provisions of this Act in accordance with
               section 56;

   (j)  without limiting the generality of the preceding paragraphs, any other
        functions conferred on the Authority by or under this or any other
        Act.

(2) The Authority must, without delay, advise the Minister of any of the
following matters that come to its notice-

   (a)  a contravention of this Act or the regulations or the
        Infertility (Medical Procedures) Act 1984 or regulations made under
        that Act;

   (b)  a breach of a licence, approval or exemption given under Part 8 or
        section 56 or the Infertility (Medical Procedures) Act 1984;

   (c)  a development in-

   (i)  research relating to infertility; or

   (ii) treatment for infertility- whether in Victoria or elsewhere, which the
        Authority considers of major importance or views with concern.

(3) The Authority has all the powers necessary to enable it to perform its
functions.

(4) The Authority must have regard to the Minister's advice in carrying out
its functions and exercising its powers.

(5) In this section embryos does not include excess ART embryos within the
meaning of Part 2A.