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PROHIBITION OF HUMAN CLONING FOR REPRODUCTION ACT 2002 - SECT 21 Offence--commercial trading in human eggs, human sperm or human embryos

PROHIBITION OF HUMAN CLONING FOR REPRODUCTION ACT 2002 - SECT 21

Offence--commercial trading in human eggs, human sperm or human embryos

  (1)   A person commits an offence if the person intentionally gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo.

Penalty:   Imprisonment for 15 years.

  (2)   A person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo.

Penalty:   Imprisonment for 15 years.

  (3)   In this section:

"reasonable expenses" :

  (a)   in relation to the supply of a human egg or human sperm--includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and

  (b)   in relation to the supply of a human embryo:

  (i)   does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo; and

  (ii)   includes, but is not limited to, expenses relating to the storage or transport of the embryo.

"valuable consideration" , in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.