Human Assisted Reproductive Technology Act 2004

22 Ethics committee may cancel approval

• (1) The ethics committee may cancel an approval, in whole or in part, if it is satisfied—

  • (a) that 1 or more conditions stated in the approval have been breached; or

  • (b) that the activity undertaken, or purportedly undertaken, under the approval—

    • (i) is inconsistent with any relevant guidelines issued or relevant advice given by the advisory committee on or before or after the date on which the approval was given; or

    • (ii) is inconsistent with the description set out in the application in which the approval was sought; or

    • (iii) breaches or has breached this Act or regulations made under section 76; or

  • (c) that, since giving the approval, the ethics committee has become aware that the activity to which the approval relates poses a serious risk to human health and safety.

  (2) The ethics committee must cancel an approval so far as it relates to a kind of assisted reproductive procedure or human reproductive research that has become subject to a moratorium imposed under section 24.

  (3) The ethics committee may not cancel an approval under subsection (1) unless it has first—

  • (a) informed the person responsible for the activity under the approval why it is considering cancelling the approval; and

  • (b) given that person a reasonable opportunity to make written submissions and be heard on the question, either personally or by his or her representative.

  (4) Before the ethics committee cancels an approval under subsection (2), it must endeavour to inform the person responsible for the activity of the forthcoming cancellation and of the date on which the cancellation is to take effect.

  (5) If the ethics committee cancels an approval, it may give directions on how the activity affected by the cancellation is to be stopped.

  (6) Directions under subsection (5) may, without limitation, relate to the preservation, custody, or disposal of in vitro human gametes, in vitro human embryos, or in vitro hybrid embryos.

  (7) The ethics committee cancels an approval under this section by written notice given or sent to the person responsible for the activity to which the approval relates or to any other person who appears to be in charge of the activity.

  (8) A notice issued under subsection (7) takes effect according to its tenor and must—

  • (a) state the date on which it takes effect (not being a date earlier than the date of the notice); and

  • (b) if the cancellation relates to only part of the approval, identify the part to which it relates.

  Section 22(1)(b)(i): amended, on 16 October 2010, by section 7 of the Human Assisted Reproductive Technology (Storage) Amendment Act 2010 (2010 No 117).