Commonwealth Consolidated Acts

RESEARCH INVOLVING HUMAN EMBRYOS ACT 2002 - SECT 8

                   In this Part:

"accredited ART centre" means a person or body accredited to carry out assisted reproductive technology by:

                     (a)  the Reproductive Technology Accreditation Committee of the Fertility Society of Australia; or

                     (b)  if the regulations prescribe another body or other bodies in addition to, or instead of, the body mentioned in paragraph (a)--that other body or any of those other bodies, as the case requires.

"AHEC" means the Australian Health Ethics Committee established by the National Health and Medical Research Council Act 1992 .

"confidential commercial information" means information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.

"disclose" , in relation to information, means give or communicate in any way.

"excess ART embryo" has the meaning given by section 9.

"HREC" means a Human Research Ethics Committee.

"licence" means a licence issued under section 21.

"proper consent" , in relation to the use of an excess ART embryo or a human egg, or the creation or use of any other embryo, means consent obtained in accordance with guidelines issued by the CEO of the NHMRC under the National Health and Medical Research Council Act 1992 and prescribed by the regulations for the purposes of this definition.

"relevant State body" means a person or body notified by a State to the Chairperson of the NHMRC Licensing Committee for the purposes of this Part.

"responsible person" means: [ see Note 2]

                     (a)  in relation to an excess ART embryo:

                              (i)  each person who provided the egg or sperm from which the embryo was created; and

                             (ii)  the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and

                            (iii)  any person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that subparagraph was provided; and

                            (iv)  any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or

                     (b)  in relation to an embryo other than an excess ART embryo--each person whose reproductive material, genetic material or cell was used, or is proposed to be used, in the creation or use of the embryo; or

                     (c)  in relation to a human egg--the woman who was the biological donor of the egg.