Research Involving Human Embryos (Corresponding State Law—ACT) Declaration 2018

Overview

The Research Involving Human Embryos (Corresponding State Law—ACT) Declaration 2018 was enacted to renew the declaration that the Australian Capital Territory Human Cloning and Embryo Research Act 2004 is a corresponding State law under the Commonwealth Research Involving Human Embryos Act 2002. This Act was established to regulate the use of human embryos for research purposes, specifically those created for assisted reproductive technology and deemed surplus to the needs of couples. The enactment of this declaration by the Minister under subsection 7(1) of the RIHE Act follows a sunset clause that expired on 1 October 2018, ensuring that the ACT Act remains recognised as a corresponding State law. This ensures continued alignment with the Commonwealth's regulatory framework on human embryo research, as agreed upon by all jurisdictions in 2002. The declaration was made without consultation, as the ACT Act remains consistent with the RIHE Act, and it does not engage any of the human rights or freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Research Involving Human Embryos (Corresponding State Law—ACT) Declaration 2018, which is a legislative instrument under the Legislation Act 2003, affirms the Australian Capital Territory's Human Cloning and Embryo Research Act 2004 as a corresponding State law for the purposes of the Commonwealth's Research Involving Human Embryos Act 2002. This declaration follows a sunset of an earlier declaration on 1 October 2018 and ensures that the ACT Act remains consistent with the national regulatory framework governing the use of human embryos for research purposes. The Research Involving Human Embryos Act 2002, which was enacted to regulate the use of human embryos for research when such embryos are created for assisted reproductive technology and are surplus to the needs of couples, empowers the Minister to declare corresponding State laws. This declaration is of a minor, machinery nature and no consultation was undertaken as the ACT Act continues to be consistent with the RIHE Act. The compatibility of this Declaration with human rights has been assessed, and it has been determined that it does not engage any of the applicable rights or freedoms, thereby affirming its alignment with human rights as recognised by the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative section of the Research Involving Human Embryos (Corresponding State Law—ACT) Declaration 2018 is section 4, which declares the Australian Capital Territory Human Cloning and Embryo Research Act 2004 (ACT Act) to be a corresponding State law for the purposes of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act) (section 4). This declaration ensures that the ACT Act remains consistent with the national regulatory framework established by the RIHE Act, which governs the use of human embryos for research purposes where those embryos are excess to couples' needs following assisted reproductive technology. The declaration replaces an earlier one that sunsetted on 1 October 2018, thereby maintaining the continuity of the corresponding State law status for the ACT Act. The Research Involving Human Embryos (Corresponding State Law—ACT) Declaration 2018 imposes obligations on the Australian Capital Territory to ensure that its legislation remains aligned with the national regulatory framework set by the RIHE Act. The ACT is required to maintain its Human Cloning and Embryo Research Act 2004 in a form that continues to correspond to the RIHE Act, thereby ensuring that research involving human embryos in the ACT complies with the national standards and regulations. This alignment is crucial for achieving consistency in the regulation of human embryo research across Australia. Under the Research Involving Human Embryos (Corresponding State Law—ACT) Declaration 2018, there are no direct offences, penalties, or civil/criminal consequences specified for breach of the declaration itself. However, the underlying ACT Act and the RIHE Act do provide for offences and penalties where the provisions of the acts are breached. For example, the ACT Act includes provisions for offences related to unauthorised activities involving human embryos, with penalties that can include fines and imprisonment. Similarly, the RIHE Act includes provisions for offences related to the unauthorised use of human embryos for research, with penalties that can include fines and imprisonment. The Research Involving Human Embryos (Corresponding State Law—ACT) Declaration 2018 also includes a statement of compatibility with human rights, asserting that the declaration does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (section 7). This statement confirms that the declaration is compatible with human rights as it does not raise any human rights issues, thereby ensuring that the declaration aligns with the broader legal and ethical standards concerning human embryo research.