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

Administered by Department of Health, Disability and Ageing

Legislation au F2018L01404 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

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

 

Research Involving Human Embryos Act 2002

 

Summary

Subsection 7(1) of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act) confers power on the Minister to declare a law of a State or a Territory to be a corresponding State law for the purposes of the RIHE Act. This Ministerial declaration replaces an earlier Ministerial declaration that sunsetted on 1 October 2018, and provides that the Queensland Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 (Queensland Act) is 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 couples' needs. Subsection 7(1) 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.

 

Under an agreement reached by all jurisdictions at a Council of Australian Governments (COAG) meeting in April 2002, each State and the Australian Capital Territory undertook to enact its own legislation to achieve national consistency with the RIHE Act. In this context, the Queensland Parliament enacted the Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 (Queensland Act).

 

In 2006, the RIHE Act was amended by the Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Act 2006. As a response to the Commonwealth's changes to the RIHE Act, the Queensland Parliament amended the Queensland Act with effect from 25 October 2007, so that it continued to be in a form appropriate to be a 'corresponding State law' for the purposes of the RIHE Act. The Queensland amending legislation was the Research Involving Human Embryos and Prohibition of Human Cloning Amendment Act 2007. Most recently, in 2008, the Queensland Act, as amended, was declared to be a corresponding State law for the purposes of the RIHE Act.

 

The 2008 Ministerial declaration is a legislative instrument for the purposes of the Legislation Act 2003.  Part 4 of Chapter 3 of the Legislation Act 2003 provides that the Ministerial declaration will be automatically repealed 10 years after it came into effect. The 2008 declaration sunsetted on 1 October 2018. In order for the Queensland Act to continue to be regarded as a corresponding State law for the purposes of subsection 7(1) of the RIHE Act, it is necessary that the 2008 Ministerial declaration be remade and registered.

 

Instrument

The effect of the instrument is to declare the Queensland Act to be a corresponding State law for the purposes of subsection 7(1) of the RIHE Act.

 

Consultation

No consultation was undertaken in respect of this declaration as the Queensland Act continues to be consistent with the RIHE Act, and therefore the declaration is of a minor, machinery nature.

 

Commencement

This declaration is to take effect from the day after it is registered on the Federal Register of Legislative Instruments.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

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

 

This Declaration is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Declaration

The Declaration of Corresponding State Law provides that the Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 of Queensland is a corresponding State law for the purposes of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act).

 

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 couples' needs. Subsection 7(1) 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.

 

This Ministerial declaration replaces an earlier Ministerial declaration that sunsetted on 1 October 2018.

 

Human rights implications

This Declaration does not engage any of the applicable rights or freedoms.

 

Conclusion

This Declaration is compatible with human rights as it does not raise any human rights issues.

Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).

Overview

The Research Involving Human Embryos (Corresponding State Law—QLD) Declaration 2018, enacted under subsection 7(1) of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act), identifies the Queensland Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 as a corresponding State law for the purposes of the RIHE Act. This declaration was introduced to address the need for national consistency in the regulation of human embryo research, particularly concerning the use of embryos created for assisted reproductive technology that are in excess of couples' needs. The Minister for Health, as the enacting body, made this declaration to ensure ongoing compliance and alignment with the federal legislation. The policy objective is to maintain a unified regulatory framework across Australia, ensuring that research practices adhere to nationally accepted standards and ethical guidelines. The declaration replaces an earlier version that expired on 1 October 2018, thereby maintaining the necessary legislative correspondence required by the RIHE Act.

Scope and Application

The Research Involving Human Embryos (Corresponding State Law—QLD) Declaration 2018 is a legislative instrument under the Research Involving Human Embryos Act 2002 (RIHE Act) which declares the Queensland Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 as a corresponding State law for the purposes of the Commonwealth Act. This declaration is necessary to ensure that the Queensland legislation continues to align with the national framework established by the RIHE Act, which regulates the use of human embryos for research created for assisted reproductive technology and are in excess of couples' needs. The declaration, which replaces a previous declaration that expired on 1 October 2018, signifies the ongoing consistency of the Queensland Act with the Commonwealth Act, thereby maintaining the national regulatory scheme for human embryo research. The declaration was made without consultation as the Queensland Act remains consistent with the RIHE Act, and it is of a minor, machinery nature. This ensures that the Queensland legislation remains recognised as a corresponding State law, facilitating coordinated and compliant research practices across jurisdictions.

Key Provisions

The main operative sections of the Research Involving Human Embryos (Corresponding State Law—QLD) Declaration 2018 (F2018L01404) declare the Queensland Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 as a corresponding State law under subsection 7(1) of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act). This declaration, replacing a previous one that expired on 1 October 2018, ensures that the Queensland Act remains recognised as a corresponding State law for the purposes of the RIHE Act. The RIHE Act regulates the use of human embryos for research, specifically those created for assisted reproductive technology and deemed excess to the needs of couples. The obligations imposed by the RIHE Act on parties or entities conducting research involving human embryos include adhering to the guidelines set forth in the Queensland Act. Researchers must ensure that their activities comply with the provisions outlined in the Queensland legislation, which must align with the requirements of the RIHE Act. This includes obtaining necessary permits and approvals, maintaining ethical standards, and ensuring that the research does not contravene the prohibition of human cloning for reproduction. Breaches of the provisions in the Queensland Act or the RIHE Act can result in both civil and criminal consequences. Under the Queensland Act, offences such as unauthorised research involving human embryos or the prohibition of human cloning for reproduction can lead to significant penalties. For instance, engaging in activities that contravene the Act may result in fines and imprisonment. The maximum penalty for contravening certain provisions can reach up to 100,000 penalty units or, in cases involving serious offences, imprisonment for up to 10 years. Additionally, the RIHE Act may impose further penalties and sanctions for non-compliance, reinforcing the legal framework governing this sensitive area of research.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.