EXPLANATORY STATEMENT
Ministerial Declaration of Corresponding State Law
Research Involving Human Embryos Act 2002
Summary
Section 7 of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act) confers power on the Minister to declare a law to be a corresponding State law for the purposes of the RIHE Act. This Ministerial declaration provides that the Queensland Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 (QLD Act) is such a corresponding State law.
Background
The RIHE Act, which received Royal Assent on 19 December 2002, regulates the use of human embryos for research where those embryos have been created for assisted reproductive technology and are excess to the couples’ needs. Section 7 of the RIHE Act provides that a ‘corresponding State law’ is, in effect, a law of a State (or Territory) which the Minister has declared to be corresponding.
Pursuant to an agreement reached by all jurisdictions at a Council of Australian Governments (CoAG) meeting in April 2002, each State and the Australian Capital Territory (ACT) enacted its own legislation to achieve national consistency with the RIHE Act. After assessment by the Commonwealth, each such State and Territory Act was declared to be a corresponding State law for the purposes of the RIHE Act. Accordingly in 2003, the QLD Act was declared to be a ‘corresponding State law’.
Subsequently, in 2006, the RIHE Act was amended in certain respects by the Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Act 2006. A consequence of the amendments is that the QLD Act, in the form previously declared to be a ‘corresponding State law’, is no longer appropriate to be a ‘corresponding State law’. The relevant ministerial declaration has, accordingly, been revoked.
As a response to the Commonwealth’s changes to the RIHE Act, all jurisdictions (except the Northern Territory) agreed at a CoAG meeting in April 2007 to amend legislation to ensure national consistency in regard to the regulation of human embryo research. The Queensland legislature amended the QLD Act with effect from 25 October 2007, so that it is now in a form appropriate to be a ‘corresponding State law’ for the purposes of the RIHE Act.
The Queensland amending legislation is the Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007. The relevant provisions now mirror the provisions of the RIHE Act.
Instrument
The effect of the instrument is to declare the QLD Act to be a corresponding State law for the purposes of the RIHE Act.
Consultation
No consultation was undertaken in respect of this declaration as it is of a minor and machinery nature.
Commencement
This declaration is to take effect from the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Ministerial Declaration of Corresponding State Law, published in 2008 under the Research Involving Human Embryos Act 2002, addresses the need for consistent regulation of human embryo research across Australia. This declaration identifies the Queensland Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003, as amended by the Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007, as the corresponding State law for the purposes of the Commonwealth Act. The Research Involving Human Embryos Act 2002, enacted by the Australian Parliament, was designed to regulate the use of human embryos for research, specifically those created for assisted reproductive technology and not required by the creating couple. The declaration process follows an agreement among Australian jurisdictions to ensure national consistency in the regulation of human embryo research, as per the Council of Australian Governments (CoAG). The declaration comes into effect on the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Ministerial Declaration of Corresponding State Law Research Involving Human Embryos Act 2002 pertains to the Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 of Queensland, declaring it a corresponding State law under the Commonwealth's Research Involving Human Embryos Act 2002. This declaration applies to entities and persons conducting research involving human embryos, specifically those created for assisted reproductive technology and deemed surplus to the needs of the couples involved. The jurisdictional reach of this declaration is limited to the State of Queensland, ensuring alignment with the national regulatory framework established by the Commonwealth. The declaration does not include any exclusions or exemptions, but rather seeks to incorporate the Queensland Act into the national legislative scheme following amendments to the Commonwealth Act. Subordinate instruments may further define the application of this Act, providing additional clarity or procedural details necessary for compliance. The declaration is of a minor and machinery nature, with no consultation required, and is set to take effect from the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative section of this legislation is section 7 of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act), which empowers the Minister to declare a State or Territory law as a corresponding law for the purposes of the RIHE Act. This declaration specifies that the Queensland Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 (QLD Act), as amended by the Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007, is now recognised as a corresponding State law (section 7(1)). This declaration ensures that the QLD Act aligns with the national regulatory framework established by the RIHE Act, governing the use of human embryos for research where those embryos are surplus to the needs of couples undergoing assisted reproductive technology.
The Act imposes several obligations and requirements on the parties and entities it governs. Primarily, it mandates that the QLD Act must mirror the provisions of the RIHE Act to be considered a corresponding State law. This includes, but is not limited to, the regulation of human embryo research, the prohibition of human cloning for reproduction, and the establishment of ethical guidelines and oversight mechanisms. The QLD Act must provide a regulatory environment that ensures the ethical and responsible use of human embryos for research purposes, aligning with national standards and objectives.
In terms of offences, penalties, or consequences for breach, the Act itself does not explicitly outline specific penalties within the declaration. However, the underlying QLD Act, which has been declared as a corresponding State law, likely contains provisions for penalties and enforcement mechanisms. Typically, breaches of such laws may result in civil or criminal penalties, including fines or imprisonment, depending on the severity and nature of the breach. The maximum penalties would be defined within the QLD Act, where detailed regulatory provisions and enforcement mechanisms are outlined. The QLD Act is expected to include provisions that establish clear consequences for non-compliance, ensuring adherence to the ethical and legal standards set forth by the RIHE Act.