Document ID: chunk:federal_register_of_legislation:C2024C00108:section:35:p1
Version: federal_register_of_legislation:C2024C00108
Segment Type: section
Provision Reference: s 35 (pt 1/2)
Character Range: 34850–37601

35  Principal Committees
 (1) The Minister must establish Principal Committees called the Research Committee and the Australian Health Ethics Committee.
Note: For the constitution, functions and members of the Embryo Research Licensing Committee of the NHMRC, see Division 3 of Part 2 of the Research Involving Human Embryos Act 2002.
 (2) The functions of the Research Committee are:
 (a) to advise and make recommendations to the Council on the application of the Account; and
 (b) to monitor the use of assistance provided from the Account; and
 (c) to advise the Council on matters relating to medical research and public health research, including the quality and scope of such research in Australia; and
 (d) such other functions as the Minister from time to time determines in writing after consulting the CEO; and
 (e) any other functions conferred on the Committee by this Act, the regulations or any other law.
Note: The CEO or the Council may delegate additional functions to the Research Committee: see section 82.
 (3) The functions of the Australian Health Ethics Committee are:
 (a) to advise the Council on ethical issues relating to health; and
 (b) to develop and give the Council human research guidelines under subsection 10(2); and
 (c) any other functions conferred on the Committee in writing by the Minister after consulting the CEO; and
 (d) any other functions conferred on the Committee by this Act, the regulations or any other law.
Note: The CEO or the Council may delegate additional functions to the Australian Health Ethics Committee: see section 82.
 (5) The Minister may establish such other Principal Committees as the Minister thinks are necessary to assist the Council to carry out any of its functions, and the Minister may abolish any such Committee.
 (6) The Australian Health Ethics Committee:
 (a) must not have more than one member of the Research Committee among its members; and
 (b) must have as its Chair a person who is:
 (i) a member of the Council; and
 (ii) not a member of the Research Committee.
Note 1: For the appointment, terms and conditions of the Chair and other members of the Australian Health Ethics Committee, see Part 5.
Note 2: In certain circumstances, the Chair may be a person who is not a member of the Council: see subsection (10).
 (7) The Minister must determine, in writing and after consulting the CEO, the name and functions of a Principal Committee established under subsection (5).
Note: The CEO or the Council may delegate additional functions to a Principal Committee: see section 82.
 (8) The Australian Health Ethics Committee is constituted as provided in section 36.
 (9) A Principal Committee other than the Australian Health Ethics Committee comprises:
 (a) a Chair,