CUSTOMS (PROHIBITED IMPORTS) REGULATIONS
REGULATION 5L
IMPORTATION OF VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES
5L(1)
In this regulation:
5L(2)
The importation into Australia of viable material derived from human embryo clones is prohibited unless:
(a) the Minister or an authorised person has granted permission in writing; and
(b) the permission is produced to a Collector at or before the time of importation.
5L(3)
The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
5L(4)
The Minister or an authorised person may, by notice in writing to the holder of the permission, revoke a permission granted under paragraph 2 (a) if the holder of the permission engages in conduct that contravenes a condition or requirement mentioned in subregulation (3).
5L(5)
For subregulation (4), the Minister or an authorised person may revoke the permission whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act.
5L(6)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:
(a) not to grant a permission; or
(b) to grant a permission specifying a condition or requirement; or
(c) to revoke a permission.
5L(7)
Notice of a decision referred to in subregulation (6) is to include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975 , a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act.
5L(8)
A failure to comply with subregulation (7) does not affect the validity of the decision.
In this regulation:
authorised person
means a person authorised in writing by the Minister for this regulation.
human embryo clone
has the meaning given by section 8 of the
Prohibition of Human Cloning for Reproduction Act 2002
.
Minister
means the Minister administering the
Prohibition of Human Cloning for Reproduction Act 2002
.
viable material
means living tissue and cells.
Note
(Repealed by FRLI No F2020L00399)
View history note
Hide history note5L(2)
The importation into Australia of viable material derived from human embryo clones is prohibited unless:
(a) the Minister or an authorised person has granted permission in writing; and
(b) the permission is produced to a Collector at or before the time of importation.
5L(3)
The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
5L(4)
The Minister or an authorised person may, by notice in writing to the holder of the permission, revoke a permission granted under paragraph 2 (a) if the holder of the permission engages in conduct that contravenes a condition or requirement mentioned in subregulation (3).
5L(5)
For subregulation (4), the Minister or an authorised person may revoke the permission whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act.
5L(6)
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister or of an authorised person:
(a) not to grant a permission; or
(b) to grant a permission specifying a condition or requirement; or
(c) to revoke a permission.
5L(7)
Notice of a decision referred to in subregulation (6) is to include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975 , a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and
(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act.
5L(8)
A failure to comply with subregulation (7) does not affect the validity of the decision.
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