EXPLANATORY STATEMENT
Research Involving Human Embryos (Corresponding State Law—VIC) 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 Territory to be a corresponding State law for the purposes of the RIHE Act. This Ministerial declaration provides that the Victorian Research Involving Human Embryos Act 2008 (Victorian 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. 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.
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 compliance with this agreement, the Victorian Parliament enacted the Research Involving Human Embryos Act 2008. The provisions of this enactment have been reviewed, and found to mirror the Commonwealth legislation. Accordingly, this Ministerial declaration has been made under subsection 7(1) of the RIHE Act.
Instrument
The effect of the instrument is to declare the Victorian Act to be 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 it is of a minor, machinery nature, and implements, in respect of Victoria, the agreement that was reached at the April 2002 COAG meeting.
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—VIC) 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 Act 2008 of Victoria 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.
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).