Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person commits an offence if the person intentionally uses an excess ART embryo, unless—
(a) the use by the person is authorised by a licence; or
(b) the use by the person is an exempt use.
Maximum penalty: imprisonment for 5 years.
(2) Despite the Criminal Code, section 58 (3), a defendant does not bear an evidential burden in relation to anything mentioned in this section.
(3) In this section:
"diagnostic investigation", in relation to an excess ART embryo, means any procedure undertaken on embryos for the sole purpose of diagnostic investigations for the direct benefit of the woman for whom it was created.
"exempt use—"a use of an excess ART embryo by a person is an" exempt use" if—
(a) the use consists only of—
(i) storage of the excess ART embryo; or
(ii) removal of the excess ART embryo from storage; or
(iii) transport of the excess ART embryo; or
(iv) observation of the excess ART embryo; or
(v) allowing the excess ART embryo to succumb; or
(b) the use is carried out by an accredited ART centre, and—
(i) the excess ART embryo is not suitable (based only on its biological fitness for implantation) to be placed in the body of the woman for whom it was created; and
(ii) the use forms part of diagnostic investigations conducted in connection with the assisted reproductive technology treatment of the woman for whom the excess ART embryo was created; or
(c) the use is carried out by an accredited ART centre and is for the purpose of achieving pregnancy in a woman other than the woman for whom the excess ART embryo was created; or
(d) the use is prescribed under the regulations.
"observation", in relation to an excess ART embryo, includes taking a photograph of the embryo, or taking a recording of the embryo from which a visual image can be produced.