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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Assisted Reproductive Technology
Bill 2007
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Application of other legislation 4
Part 2 ART providers
Division 1 Registration
6 ART providers must be registered 5
7 Registration 5
8 Notice of change in registered particulars 6
9 Register of ART providers 7
b2003-015-31.d06
Assisted Reproductive Technology Bill 2007
Contents
Page
Division 2 Provision of ART services
10 Infection control standards 7
11 ART services to be undertaken or supervised by a
registered medical practitioner 7
12 Counselling to be available 7
13 Provision of information--ART treatment involving no
donated gametes 8
14 Provision of information--ART services involving donated
gametes 8
15 Donated gametes--disclosure of medical information 9
Division 3 Use of gametes
16 Interpretation 10
17 Giving, modifying and revoking consent 10
18 Use of gametes to create embryo outside a woman's body 11
19 Use of gametes or embryos in ART treatment 11
20 Use of gametes or embryos for research 11
21 Supply of gametes or embryos to another person 12
22 Export of gametes or embryos from NSW 12
23 Use of gametes or embryos after death of gamete provider 12
24 Use of gametes or embryos provided more than 5
years ago 12
25 Storage of gametes or embryos 13
26 Donated gametes or embryos--time limit on use 14
27 Donated gametes or embryos--maximum number of
families 14
28 Use of gametes to create embryo with close family member 15
29 Provision of ART treatment to a child 15
Division 4 Records
30 Collection of information 16
31 Records to be kept by ART provider 17
32 Records may be given to other ART providers 18
Part 3 Central ART donor register
33 Director-General to establish central ART donor register 19
34 Objectives of central ART donor register 19
35 Disclosure of information must be in accordance with Part 20
36 Disclosure to subject of information 20
37 Disclosure to offspring 21
38 Disclosure to parent of offspring 21
39 Disclosure to donor 22
40 Seeking consent of offspring to disclosure 23
41 Fees 23
Contents page 2
Assisted Reproductive Technology Bill 2007
Contents
Page
Part 4 Surrogacy
42 Definitions 24
43 Commercial surrogacy prohibited 24
44 Commercial surrogacy soliciting prohibited 25
45 Surrogacy agreements void 25
Part 5 Inspectors and enforcement
46 Appointment of inspectors 26
47 Powers of inspectors 26
48 Provisions relating to exercise of powers 27
49 Requirement to provide information and records 28
50 Requirement to provide answers 29
51 Limitation on self-incrimination 29
52 Search warrants 29
53 Offences 30
54 Disallowance of seizure 30
55 Disposal of seized items 32
Part 6 ART provider--enforcement provisions
56 Interpretation 33
57 Persons may be prohibited from carrying on business 33
58 Offence of carrying on business while prohibited 35
59 Requirement to provide information 35
60 Court to notify Director-General of conviction 36
61 Order under section 10 of the Crimes (Sentencing
Procedure) Act 1999 treated as conviction 36
Part 7 Miscellaneous
62 Person must not make false or misleading representation 37
63 Summary proceedings for offences 37
64 Penalty notices for certain offences 37
65 Offences by corporations 38
66 Evidentiary statements 38
67 How notice is to be given 39
68 Onus of proof concerning reasonable excuse 39
69 Disclosure of information by ART provider 39
70 Delegation 39
71 Regulations 40
72 Savings, transitional and other provisions 40
73 Amendment of other Acts 40
Contents page 3
Assisted Reproductive Technology Bill 2007
Contents
Page
74 Review of Act 40
Schedule 1 Savings, transitional and other provisions 41
Schedule 2 Amendment of other Acts 43
Contents page 4
New South Wales
Assisted Reproductive Technology
Bill 2007
No , 2007
A Bill for
An Act relating to the regulation of assisted reproductive technology services, the
registration of assisted reproductive technology service providers and the prohibition
of commercial surrogacy; and for other purposes.
Clause 1 Assisted Reproductive Technology Bill 2007
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Assisted Reproductive Technology Act 2007. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Objects of Act 7
The objects of this Act are: 8
(a) to prevent the commercialisation of human reproduction, and 9
(b) to protect the interests of the following persons: 10
(i) a person born as a result of ART treatment, 11
(ii) a person providing a gamete for use in ART treatment or 12
for research in connection with ART treatment, 13
(iii) a woman undergoing ART treatment. 14
4 Definitions 15
(1) In this Act: 16
adult means a person who is not a child. 17
approved means approved by the Director-General. 18
ART provider means a person who provides ART services and includes 19
a registered ART provider, but does not include a person who provides 20
ART services on behalf of a registered ART provider either under 21
contract or in the course of the person's employment by the registered 22
ART provider. 23
ART service means any one or more of the following services, 24
treatments or procedures that is provided for fee or reward or provided 25
in the course of a business (whether or not for profit): 26
(a) an ART treatment, 27
(b) the storage of gametes and embryos for use in ART treatment, 28
(c) the obtaining of a gamete from a gamete provider for use in ART 29
treatment or for research in connection with ART treatment. 30
ART treatment means assisted reproductive technology treatment being 31
any medical treatment or procedure that procures or attempts to procure 32
pregnancy in a woman by means other than sexual intercourse, and 33
includes artificial insemination, in-vitro fertilisation, gamete 34
Page 2
Assisted Reproductive Technology Bill 2007 Clause 4
Preliminary Part 1
intrafallopian transfer and any related treatment or procedure that is 1
prescribed by the regulations. 2
central ART donor register means the central ART donor register 3
established under Part 3. 4
certificate of authority means the certificate of authority issued to an 5
inspector by the Director-General under Part 5. 6
child means a person who is under the age of 18 years and not married. 7
Department means the Department of Health. 8
Director-General means the Director-General of the Department. 9
donated gamete means a gamete donated by a gamete provider for use 10
by a person other than the gamete provider or the gamete provider's 11
spouse. 12
donor means the gamete provider from whom a donated gamete has 13
been obtained. 14
embryo means the single entity formed by the combination of a human 15
sperm and a human ovum until the time it is implanted in the body of a 16
woman. 17
exercise a function includes perform a duty. 18
function includes a power, authority or duty. 19
gamete means a human sperm or a human ovum. 20
Note. Section 8 (b) of the Interpretation Act 1987 provides that in any Act or 21
instrument a reference to a word or expression in the singular form includes a 22
reference to the word or expression in the plural form. 23
gamete provider, in relation to a gamete, means the individual from 24
whom the gamete has been obtained and in relation to an embryo, 25
means an individual from whom a gamete used to create the embryo 26
was obtained. 27
inspector means a person appointed as an inspector under Part 5. 28
non-identifying information means information that does not identify 29
the individual to whom the information relates. 30
obtain a gamete from a gamete provider includes receive a gamete from 31
a gamete provider. 32
offspring of a person means an individual to whom the person is a 33
biological parent and includes an individual born as a result of ART 34
treatment using the person's donated gamete. 35
parent of a child means a person having parental responsibility for the 36
child. 37
parental responsibility, in relation to a child, means all the duties, 38
powers, responsibilities and authority which, by law, parents have in 39
relation to their children. 40
premises includes any land or building and part of any land or building. 41
Page 3
Clause 5 Assisted Reproductive Technology Bill 2007
Part 1 Preliminary
record includes a book, account, deed, writing, document and any other 1
source of information compiled, recorded or stored in written form, or 2
on micro-film, or by electronic process, or in any other manner or by 3
any other means. 4
registered ART provider means a person registered by the 5
Director-General under Division 1 of Part 2 as an ART provider and 6
whose registration is in force. 7
seized item means anything seized by an inspector under Part 5. 8
spouse of a person means: 9
(a) the person's husband or wife, or 10
(b) the other party to a de facto relationship, within the meaning of 11
the Property (Relationships) Act 1984, with the person, 12
but if more than one person would so qualify as a spouse, means only 13
the latest person to so qualify. 14
(2) In this Act a reference to ART treatment involving the use of a gamete 15
includes a reference to ART treatment using an embryo created from 16
that gamete. 17
(3) Notes included in this Act do not form part of this Act. 18
5 Application of other legislation 19
This Act does not limit or otherwise affect the operation of any of the 20
following: 21
(a) the Status of Children Act 1996, 22
(b) the Mutual Recognition Act 1992 of the Commonwealth, 23
(c) the Trans-Tasman Mutual Recognition Act 1997 of the 24
Commonwealth. 25
Page 4
Assisted Reproductive Technology Bill 2007 Clause 6
ART providers Part 2
Part 2 ART providers 1
Division 1 Registration 2
Note. Section 11 of the Research Involving Human Embryos Act 2002 of the Commonwealth 3
requires a person or body to be accredited by the Reproductive Technology Accreditation 4
Committee of the Fertility Society of Australia or another prescribed body if the person or body 5
intentionally uses a human embryo (other than an excess ART embryo as defined under that 6
Act) outside the body of a woman. 7
6 ART providers must be registered 8
(1) An ART provider must not provide ART services unless the ART 9
provider is a registered ART provider. 10
(2) A person must not advertise or hold out that the person is a registered 11
ART provider unless the person is a registered ART provider. 12
Maximum penalty: 1,000 penalty units in the case of a corporation or 13
400 penalty units or imprisonment for 2 years, or both, in any other case. 14
7 Registration 15
(1) A person may apply to the Director-General for registration as an ART 16
provider. 17
(2) An application is to be made in an approved form and be accompanied 18
by the fee (if any) prescribed by the regulations. 19
(3) An application must include the following: 20
(a) the name of the applicant, 21
(b) the address of each premises at which the applicant intends to 22
provide ART services, 23
(c) the name of each registered medical practitioner who is to 24
undertake or supervise ART services provided by the applicant, 25
(d) the name of each person who is to provide counselling services in 26
relation to ART services provided by the applicant, 27
(e) any other matter that is prescribed by the regulations. 28
(4) The Director-General must grant the applicant's registration as an ART 29
provider if an application for registration is duly made. 30
(5) Despite subsection (4), the Director-General must refuse to grant a 31
person registration as an ART provider if the person is prohibited under 32
Part 6 from carrying on a business that provides ART services. 33
(6) Registration as an ART provider takes effect when the Director-General 34
gives the applicant notice of the decision to grant registration and 35
remains in force until cancelled by the Director-General. 36
Page 5
Clause 8 Assisted Reproductive Technology Bill 2007
Part 2 ART providers
(7) The Director-General must cancel a person's registration as an ART 1
provider if: 2
(a) the person gives the Director-General notice that the person no 3
longer provides ART services, or 4
(b) the person is prohibited under Part 6 from carrying on a business 5
that provides ART services. 6
(8) A registered ART provider must (within such times as may be 7
prescribed) pay to the Director-General the annual registration fee (if 8
any) prescribed by the regulations. 9
(9) The regulations may prescribe different application fees and annual 10
registration fees for different classes of ART providers, or on the basis 11
of the number of premises at which an ART provider provides ART 12
services, or both. 13
(10) The Director-General may cancel a person's registration as an ART 14
provider if the person fails to pay any fee as required by this section. 15
8 Notice of change in registered particulars 16
(1) A registered ART provider must give notice to the Director-General of 17
the following events or changes: 18
(a) the ART provider ceasing to provide ART services, 19
(b) any change of premises at which the ART provider provides ART 20
services, 21
(c) any change of registered medical practitioners undertaking or 22
supervising ART services provided by the ART provider, 23
(d) any change in the persons providing counselling services in 24
relation to ART services provided by the ART provider, 25
(e) any other events or changes that are prescribed by the regulations. 26
Maximum penalty: 400 penalty units in the case of a corporation or 200 27
penalty units in any other case. 28
(2) Notice to the Director-General under subsection (1): 29
(a) is to be given before the end of the next business day after the 30
event or change occurs, and 31
(b) is to be given in an approved form and be accompanied by the fee 32
(if any) prescribed by the regulations. 33
(3) In this section: 34
business day means any day other than a Saturday, a Sunday or a public 35
holiday throughout New South Wales. 36
Page 6
Assisted Reproductive Technology Bill 2007 Clause 9
ART providers Part 2
9 Register of ART providers 1
(1) The Director-General is to keep a register of all ART providers 2
registered under this Part. 3
(2) The register is to contain the following, for each registered ART 4
provider: 5
(a) the name of the ART provider, 6
(b) the address of each premises at which the ART provider provides 7
ART services, 8
(c) the name of each registered medical practitioner who undertakes 9
or supervises ART services provided by the ART provider, 10
(d) the name of each person who provides counselling services in 11
relation to ART services provided by the ART provider. 12
(3) The register is to contain such other matters and is to be kept in such 13
manner and form as the Director-General may from time to time 14
determine, subject to the regulations. 15
(4) The Director-General is to cause the contents of the register to be made 16
available for inspection free of charge by the public at the Department's 17
head office and on the Department's website on the Internet. 18
Division 2 Provision of ART services 19
10 Infection control standards 20
The regulations may require an ART provider to meet such infection 21
control standards as may be prescribed by the regulations in relation to 22
any ART services provided by the ART provider. 23
11 ART services to be undertaken or supervised by a registered medical 24
practitioner 25
An ART provider must ensure that any ART services provided by the 26
ART provider are undertaken by, or under the supervision of, a 27
registered medical practitioner. 28
Maximum penalty: 800 penalty units in the case of a corporation or 400 29
penalty units in any other case. 30
12 Counselling to be available 31
(1) An ART provider must ensure that counselling services are available to 32
any woman who seeks ART treatment from the ART provider, any 33
spouse of such a woman and any person proposing to provide a gamete 34
to the ART provider. 35
Maximum penalty: 50 penalty units in the case of a corporation or 25 36
penalty units in any other case. 37
Page 7
Clause 13 Assisted Reproductive Technology Bill 2007
Part 2 ART providers
(2) The counselling services under subsection (1) must: 1
(a) be available at the place where the ART treatment is provided or, 2
in the case of a person proposing to provide a gamete, at the place 3
where the gamete is to be provided, and 4
(b) be provided by a person with such qualifications as may be 5
prescribed by the regulations, and 6
(c) be offered before the ART treatment is provided or, in the case of 7
a person proposing to provide a gamete, before the gamete is 8
provided. 9
(3) Nothing in this section: 10
(a) prevents a person who provides the counselling service from 11
charging a reasonable fee for that service, or 12
(b) requires a person to make use of the counselling service. 13
13 Provision of information--ART treatment involving no donated gametes 14
(1) An ART provider must inform a woman of the following before 15
providing ART treatment to the woman: 16
(a) the availability of counselling services, 17
(b) any other matter that is prescribed by the regulations. 18
Maximum penalty: 200 penalty units in the case of a corporation or 100 19
penalty units in any other case. 20
(2) Subsection (1) does not apply if the ART treatment involves the use of 21
a donated gamete. 22
14 Provision of information--ART services involving donated gametes 23
(1) An ART provider must inform a woman of the matters set out in 24
subsection (4) before providing ART treatment to the woman. 25
Maximum penalty: 800 penalty units in the case of a corporation or 400 26
penalty units in any other case. 27
(2) Subsection (1) applies only if the ART treatment involves the use of a 28
donated gamete. 29
(3) An ART provider must inform a person who is a gamete provider of the 30
matters set out in subsection (4): 31
(a) before obtaining a donated gamete from the person, or 32
(b) in the case of a gamete that was not originally obtained from the 33
person as a donated gamete, before using the gamete as a donated 34
gamete in ART treatment. 35
Maximum penalty: 800 penalty units in the case of a corporation or 400 36
penalty units in any other case. 37
Page 8
Assisted Reproductive Technology Bill 2007 Clause 15
ART providers Part 2
(4) For the purposes of subsections (1) and (3), an ART provider must 1
inform a person about the following: 2
(a) the availability of counselling services, 3
(b) the information that the person will be required to disclose to the 4
ART provider about the person and the person's offspring, 5
(c) the existence of the central ART donor register and the 6
information about the person and the person's offspring that will 7
be held on the register, 8
(d) the right of the person to obtain information held on the register 9
about the person, 10
(e) the right of the person and the person's offspring to obtain 11
information held on the register about other persons, 12
(f) the right of other persons to obtain information held on the 13
register about the person and the person's offspring, 14
(g) any other matter that is prescribed by the regulations. 15
15 Donated gametes--disclosure of medical information 16
(1) An ART provider may disclose medical information: 17
(a) about a donor: 18
(i) to an adult offspring born as a result of ART treatment 19
using the donor's donated gamete, or 20
(ii) to the parent of an offspring born as a result of ART 21
treatment using the donor's donated gamete, if the 22
offspring is a child, or 23
(iii) to a woman who is pregnant as a result of ART treatment 24
using the donor's donated gamete, or 25
(b) to a donor, about an offspring born as a result of ART treatment 26
using the donor's donated gamete, 27
if a registered medical practitioner has certified in writing that it is 28
necessary to make the disclosure to save a person's life or to warn the 29
person to whom the information is disclosed about the existence of a 30
medical condition that may be harmful to that person or to that person's 31
offspring (including any future offspring of the person). 32
(2) If an ART provider discloses medical information under this section, 33
the disclosure must be made by a registered medical practitioner on 34
behalf of the ART provider. 35
(3) If a disclosure may be made to a person under this section, the 36
disclosure may also be made to a registered medical practitioner who is 37
treating the person. 38
Page 9
Clause 16 Assisted Reproductive Technology Bill 2007
Part 2 ART providers
(4) Nothing in this section requires an ART provider to disclose 1
information to any person. 2
Division 3 Use of gametes 3
16 Interpretation 4
In this Division: 5
(a) consent by a gamete provider means the gamete provider's 6
consent given under section 17 in relation to a gamete as 7
modified or revoked in accordance with that section, and 8
(b) a requirement that any matter be consistent with a gamete 9
provider's consent is, if gametes from more than one gamete 10
provider are involved, a requirement that the matter be consistent 11
with each gamete provider's consent. 12
17 Giving, modifying and revoking consent 13
(1) A gamete provider may give an ART provider that obtains, or proposes 14
to obtain, a gamete from the gamete provider a written notice setting out 15
the gamete provider's wishes in relation to the gamete (the gamete 16
provider's consent). 17
(2) A gamete provider's consent may address such matters as the uses that 18
may be made of the gamete (or an embryo created using the gamete) and 19
whether the gamete or embryo may be stored, exported from this State 20
or supplied to another ART provider. 21
(3) A gamete provider may modify or revoke his or her consent by giving 22
written notice of the modification or revocation of consent to the ART 23
provider: 24
(a) that obtained the gamete from the gamete provider, or 25
(b) that is in possession of the gamete or embryo to which the 26
modification or revocation of consent relates. 27
(4) A consent may be modified or revoked at any time up until: 28
(a) in the case of a donated gamete--the gamete is placed in the body 29
of a woman or an embryo is created using the gamete, or 30
(b) in the case of a gamete other than a donated gamete--the gamete 31
is placed in the body of a woman or an embryo created using the 32
gamete is implanted in the body of a woman. 33
(5) Modification or revocation of consent takes effect in relation to an ART 34
provider as soon as the ART provider is given written notice in 35
accordance with this section. 36
Page 10
Assisted Reproductive Technology Bill 2007 Clause 18
ART providers Part 2
(6) As soon as practicable after being given written notice in accordance 1
with subsection (3) (whether by a gamete provider or by another ART 2
provider) an ART provider must give written notice of the modification 3
or revocation of consent to any other ART provider to whom the first 4
ART provider has supplied the gamete or any embryo created using the 5
gamete. 6
18 Use of gametes to create embryo outside a woman's body 7
An ART provider must not use a gamete to create an embryo outside the 8
body of a woman except with the consent of the gamete provider and in 9
a manner that is consistent with the gamete provider's consent. 10
Maximum penalty: 800 penalty units in the case of a corporation or 400 11
penalty units in any other case. 12
Note. Section 9 of the Human Cloning for Reproduction and Other Prohibited 13
Practices Act 2003 provides that a person commits an offence if the person 14
intentionally develops a human embryo outside the body of a woman for a 15
period of more than 14 days, excluding any period when development is 16
suspended. 17
19 Use of gametes or embryos in ART treatment 18
An ART provider must not provide ART treatment to a woman using a 19
gamete except with the consent of the gamete provider and in a manner 20
that is consistent with the gamete provider's consent in relation to: 21
(a) the ART treatment or classes of ART treatment for which the 22
gamete may be used, and 23
(b) the woman or classes of women who may receive ART treatment 24
using the gamete. 25
Maximum penalty: 800 penalty units in the case of a corporation or 400 26
penalty units in any other case. 27
20 Use of gametes or embryos for research 28
An ART provider must not use a gamete or an embryo for research 29
except with the consent of the gamete provider and in a manner that is 30
consistent with the gamete provider's consent. 31
Maximum penalty: 800 penalty units in the case of a corporation or 400 32
penalty units in any other case. 33
Note. See also the Research Involving Human Embryos Act 2002 of the 34
Commonwealth which regulates research in relation to embryos. 35
Page 11
Clause 21 Assisted Reproductive Technology Bill 2007
Part 2 ART providers
21 Supply of gametes or embryos to another person 1
An ART provider must not supply a gamete or an embryo to another 2
person (including another ART provider) except with the consent of the 3
gamete provider and in a manner that is consistent with the gamete 4
provider's consent. 5
Maximum penalty: 800 penalty units in the case of a corporation or 400 6
penalty units in any other case. 7
22 Export of gametes or embryos from NSW 8
An ART provider must not export, or cause to be exported, a gamete or 9
an embryo from this State except with the consent of the gamete 10
provider and in a manner that is consistent with the gamete provider's 11
consent. 12
Maximum penalty: 400 penalty units in the case of a corporation or 200 13
penalty units in any other case. 14
23 Use of gametes or embryos after death of gamete provider 15
An ART provider must not provide ART treatment to a woman using a 16
gamete if the ART provider knows or believes on reasonable grounds 17
that the gamete provider is deceased, unless: 18
(a) the gamete provider has consented to the use of the gamete after 19
his or her death, and 20
(b) the woman receiving the ART treatment has been notified of the 21
death or suspected death of the gamete provider and the date of 22
death (if known), and 23
(c) the woman receiving the ART treatment has given written 24
consent to the provision of the ART treatment using the gamete 25
despite the death or suspected death of the gamete provider. 26
Maximum penalty: 400 penalty units in the case of a corporation or 200 27
penalty units in any other case. 28
Note. The Human Tissue Act 1983 regulates the removal of tissue (including 29
gametes) from a deceased person. 30
24 Use of gametes or embryos provided more than 5 years ago 31
(1) An ART provider must not provide ART treatment using a gamete 32
obtained from a gamete provider more than 5 years before the provision 33
of the ART treatment, unless the ART provider has taken reasonable 34
steps to establish whether the gamete provider is alive. 35
Maximum penalty: 400 penalty units in the case of a corporation or 200 36
penalty units in any other case. 37
Page 12
Assisted Reproductive Technology Bill 2007 Clause 25
ART providers Part 2
(2) Despite subsection (1) an ART provider is not required to take 1
reasonable steps to establish whether the gamete provider is alive if: 2
(a) the ART provider (or another ART provider that supplied the 3
gamete used in the ART treatment) has been contacted by the 4
gamete provider less than 5 years before the provision of the ART 5
treatment, or 6
(b) the ART provider knows or believes on reasonable grounds that 7
the gamete provider is deceased. 8
(3) For the purpose of subsection (1), reasonable steps include: 9
(a) obtaining from the Registrar of Births, Deaths and Marriages a 10
certificate under section 49 of the Births, Deaths and Marriages 11
Registration Act 1995 as to whether the death of the gamete 12
provider has been recorded in the Register kept under that Act, 13
and 14
(b) completing such other inquiries as may be prescribed by the 15
regulations for the purpose of establishing whether the gamete 16
provider is alive. 17
(4) The Registrar of Births, Deaths and Marriages must not reject an 18
application made under section 47 of the Births, Deaths and Marriages 19
Registration Act 1995 for the purposes of this section if the application 20
is made in an appropriate form and is accompanied by the fee (if any) 21
prescribed under that Act. 22
25 Storage of gametes or embryos 23
(1) An ART provider must not store a gamete or an embryo except with the 24
consent of the gamete provider and in a manner that is consistent with 25
the gamete provider's consent. 26
Maximum penalty: 800 penalty units in the case of a corporation or 400 27
penalty units in any other case. 28
(2) If a gamete provider's consent authorises storage of a gamete or an 29
embryo but does not specify a period for which the gamete or embryo 30
may be stored, the gamete provider's consent is, for the purpose of this 31
section, taken not to authorise storage of the gamete or embryo. 32
(3) An ART provider must not store a gamete or an embryo for any longer 33
than the shortest of the following periods: 34
(a) the period (if any) of proposed storage of which the ART 35
provider has given written notice to the gamete provider (whether 36
before or after the gamete was obtained), 37
(b) the period authorised by the gamete provider's consent or, if there 38
is more than one gamete provider, the shorter of the periods 39
authorised by the gamete providers' consents, 40
Page 13
Clause 26 Assisted Reproductive Technology Bill 2007
Part 2 ART providers
(c) in the case of a donated gamete or an embryo created using a 1
donated gamete, the period of 10 years from the date the gamete 2
was obtained from the donor plus any additional period that may 3
be authorised by the Director-General under section 26. 4
Maximum penalty: 100 penalty units in the case of a corporation or 50 5
penalty units in any other case. 6
26 Donated gametes or embryos--time limit on use 7
(1) An ART provider must not provide ART treatment using a donated 8
gamete if the gamete was obtained from the donor more than 10 years 9
before the provision of the ART treatment unless the Director-General 10
has given written authorisation for the provision of the ART treatment. 11
Maximum penalty: 400 penalty units in the case of a corporation or 200 12
penalty units in any other case. 13
(2) The Director-General must not give an authorisation under subsection 14
(1) unless the Director-General is satisfied that there are reasonable 15
grounds for doing so having regard to any relevant guidelines issued by 16
the Director-General from time to time. 17
27 Donated gametes or embryos--maximum number of families 18
(1) An ART provider must not provide ART treatment using a donated 19
gamete if the treatment is likely to result in offspring of the donor being 20
born, whether or not as a result of ART treatment, to more than 5 21
women (or such lesser number as may be specified in the donor's 22
consent), including the donor and any current or former spouse of the 23
donor. 24
Maximum penalty: 800 penalty units in the case of a corporation or 400 25
penalty units in any other case. 26
(2) It is a defence to a prosecution under this section if an ART provider 27
establishes that the ART provider exercised due diligence to prevent the 28
contravention. 29
(3) Due diligence is not established if the ART provider failed to take any 30
of the following steps to prevent the contravention: 31
(a) searching records held by the ART provider, 32
(b) making reasonable inquiries of the donor, 33
(c) requesting information from any other ART provider that the first 34
ART provider has reason to believe obtained or has been supplied 35
with a gamete of the donor or an embryo created using a gamete 36
of the donor. 37
Page 14
Assisted Reproductive Technology Bill 2007 Clause 28
ART providers Part 2
(4) An ART provider must provide the following information in relation to 1
a donor if requested to do so by a registered ART provider for the 2
purposes of complying with this section: 3
(a) information in relation to the number of women who have given 4
birth to offspring as a result of ART treatment, provided by the 5
ART provider, using a gamete of the donor, 6
(b) the details of any other ART providers that have been supplied 7
with a gamete of the donor, or an embryo created using a gamete 8
of the donor, 9
(c) any other matter that is prescribed by the regulations. 10
Maximum penalty: 100 penalty units in the case of a corporation or 50 11
penalty units in any other case. 12
28 Use of gametes to create embryo with close family member 13
(1) An ART provider must not use a gamete to create an embryo (whether 14
inside or outside the body of a woman) if the ART provider knows that 15
the gamete provider is a close family member of the other person whose 16
gamete is to be used to create the embryo. 17
Maximum penalty: 1,000 penalty units in the case of a corporation or 18
400 penalty units or imprisonment for 2 years, or both, in any other case. 19
(2) In this section: 20
close family member means a parent, son, daughter, sibling (including 21
a half-brother or half-sister), grandparent or grandchild, being such a 22
family member from birth. 23
29 Provision of ART treatment to a child 24
(1) An ART provider must not: 25
(a) provide ART treatment to a child, or 26
(b) obtain a gamete from a child for use in ART treatment or for 27
research in connection with ART treatment. 28
Maximum penalty: 800 penalty units in the case of a corporation or 400 29
penalty units in any other case. 30
(2) An ART provider does not contravene this section if: 31
(a) a registered medical practitioner has certified that there is a 32
reasonable risk of the child becoming infertile before becoming 33
an adult, and 34
(b) the ART provider obtains a gamete from the child for the purpose 35
of storing the gamete for the child's future benefit. 36
Page 15
Clause 30 Assisted Reproductive Technology Bill 2007
Part 2 ART providers
(3) Despite section 25, a gamete obtained from a child, by an ART provider 1
under subsection (2), must be stored by the ART provider until such 2
time as the child becomes an adult and is able to provide his or her 3
consent in relation to the gamete. 4
Note. Nothing in this section affects any other legal obligation a registered 5
medical practitioner may have in relation to the medical treatment of a child. 6
Division 4 Records 7
30 Collection of information 8
(1) An ART provider must not obtain a gamete from a gamete provider, 9
unless the ART provider has obtained such information about the 10
gamete provider, the gamete provider's spouse (if any) and any 11
offspring of the gamete provider as the regulations may require the ART 12
provider to obtain. 13
(2) An ART provider must not use a gamete or an embryo for any purpose 14
(including in the provision of ART treatment) unless the ART provider 15
has obtained the information required under subsection (1) in relation to 16
the gamete or gametes used to create the embryo. 17
(3) An ART provider must not use a gamete in the provision of ART 18
treatment to a woman unless the ART provider has obtained such 19
information about the woman, the woman's spouse (if any) and any 20
offspring of the woman as the regulations may require the ART 21
provider to obtain. 22
(4) An ART provider must not provide treatment to a woman that is 23
intended to assist the woman to achieve pregnancy if the ART provider 24
knows, or should reasonably suspect, that the woman intends to achieve 25
pregnancy through ART treatment provided by a person other than a 26
registered ART provider, unless the ART provider has obtained: 27
(a) the information required under subsection (1) in relation to the 28
gamete (or the gametes used to create the embryo) that the 29
woman will use to achieve pregnancy, and 30
(b) the information required under subsection (3) in relation to the 31
woman, the woman's spouse (if any) and any offspring of the 32
woman. 33
Maximum penalty: 200 penalty units in the case of a corporation or 100 34
penalty units in any other case. 35
Page 16
Assisted Reproductive Technology Bill 2007 Clause 31
ART providers Part 2
31 Records to be kept by ART provider 1
(1) An ART provider must keep a record in relation to each of the following 2
in an approved form: 3
(a) for any gamete or embryo that is in the ART provider's 4
possession: 5
(i) the identity of each gamete provider and any other 6
prescribed information about the gamete provider, the 7
gamete provider's spouse (if any) and any offspring of the 8
gamete provider, and 9
(ii) the provenance of any such gamete or embryo (including 10
the provenance of the gametes used to create the embryo), 11
and 12
(iii) the gamete provider's consent (within the meaning of 13
Division 3) in relation to any such gamete or embryo, and 14
(iv) the uses that have been made of any such gamete or 15
embryo, including exporting the gamete or embryo from 16
this State or supplying the gamete or embryo to another 17
ART provider, and 18
(v) the period during which any such gamete or embryo has 19
been in storage, 20
(b) the identity of each woman who undergoes ART treatment 21
provided by the ART provider and any other prescribed 22
information about the woman, the woman's spouse (if any) and 23
any offspring of the woman, 24
(c) the identity and any other prescribed information about each 25
offspring born as a result of ART treatment provided by the ART 26
provider, 27
(d) any information required to be collected by the ART provider 28
under section 30 (4), 29
(e) any other matter that is prescribed by the regulations. 30
Maximum penalty: 100 penalty units in the case of a corporation or 50 31
penalty units in any other case. 32
(2) The ART provider must retain any records required to be kept under this 33
section for a period of 50 years after the record is made or such other 34
period as may be prescribed by the regulations. 35
Maximum penalty: 400 penalty units in the case of a corporation or 200 36
penalty units in any other case. 37
Page 17
Clause 32 Assisted Reproductive Technology Bill 2007
Part 2 ART providers
(3) In this section: 1
provenance of a gamete or an embryo means the particulars of each 2
ART provider that has had possession of the gamete or embryo from the 3
time the gamete was obtained from the gamete provider or from the time 4
the embryo was created. 5
32 Records may be given to other ART providers 6
If an ART provider supplies a gamete or an embryo to another ART 7
provider, the first ART provider: 8
(a) must give the second ART provider a copy of the gamete 9
provider's consent (within the meaning of Division 3) in relation 10
to the gamete or embryo, and 11
(b) may give the second ART provider a copy of any other 12
information required to be obtained by or under this Act in 13
relation to the gamete or embryo. 14
Page 18
Assisted Reproductive Technology Bill 2007 Clause 33
Central ART donor register Part 3
Part 3 Central ART donor register 1
33 Director-General to establish central ART donor register 2
(1) The Director-General is to establish and maintain a register called the 3
central ART donor register. 4
(2) The Director-General is to enter in the register such information relating 5
to the following as may be prescribed by the regulations: 6
(a) donors of gametes, 7
(b) women undergoing ART treatment using a donated gamete, 8
(c) offspring born as a result of ART treatment using a donated 9
gamete, 10
(d) offspring of a donor (other than offspring born as a result of ART 11
treatment using the donor's donated gamete) but not information 12
that identifies the offspring unless the offspring gives written 13
notice to the Director-General of his or her consent to the 14
inclusion of such information. 15
(3) Consent given under this section may be revoked at any time by giving 16
further written notice to the Director-General. 17
(4) Written notice under this section must be given in an approved form and 18
must be accompanied by such proof as the Director-General may 19
require of the person's identity. 20
(5) The regulations may require an ART provider to provide to the 21
Director-General, for entry into the register, such information as may be 22
prescribed. 23
34 Objectives of central ART donor register 24
The objectives of the central ART donor register are as follows: 25
(a) to allow access to identifying information and certain 26
non-identifying information about a donor by an adult offspring 27
of the donor (who was born as a result of ART treatment using 28
the donor's donated gamete), 29
(b) to allow access to certain non-identifying information about an 30
adult offspring of a donor by other offspring of the donor and to 31
allow access to identifying information if the adult offspring 32
consents, 33
(c) to allow access to certain non-identifying information about a 34
donor and other offspring of the donor by a parent of a child 35
offspring of the donor (who was born as a result of ART 36
Page 19
Clause 35 Assisted Reproductive Technology Bill 2007
Part 3 Central ART donor register
treatment using the donor's donated gamete) and to allow access 1
to identifying information about the donor in limited 2
circumstances, 3
(d) to allow access to certain non-identifying information about an 4
adult offspring of a donor (who was born as a result of ART 5
treatment using the donor's donated gamete) by the donor and to 6
allow access to identifying information if the adult offspring 7
consents, 8
(e) to allow access to certain non-identifying information about a 9
child offspring of a donor (who was born as a result of ART 10
treatment using the donor's donated gamete) by the donor. 11
35 Disclosure of information must be in accordance with Part 12
The Director-General may disclose information held on the central 13
ART donor register only in accordance with this Part. 14
36 Disclosure to subject of information 15
(1) The Director-General must, if an application in an approved form is 16
made by any of the following persons, provide to the person a copy of 17
any information about that person held on the central ART donor 18
register: 19
(a) a donor of a gamete, 20
(b) an adult offspring of a donor, 21
(c) a woman who has undergone ART treatment using a donated 22
gamete. 23
(2) The Director-General must, if an application in an approved form is 24
made by the parent of a child who is an offspring of a donor, provide to 25
the parent a copy of any information about the child held on the central 26
ART donor register. 27
(3) This section does not authorise disclosure of: 28
(a) information about a person other than the applicant (or, in the 29
case of an application under subsection (2), a person other than 30
the child), or 31
(b) information about the applicant's relationship with other persons 32
(or, in the case of an application under subsection (2), the child's 33
relationship with other persons) unless such information was 34
originally provided by the applicant. 35
Page 20
Assisted Reproductive Technology Bill 2007 Clause 37
Central ART donor register Part 3
37 Disclosure to offspring 1
(1) The Director-General must, if an application in an approved form is 2
made by a person who is an adult and who was born as a result of ART 3
treatment using a donated gamete, disclose to the person the name of the 4
donor of the gamete and any other information relating to the donor that 5
may be prescribed by the regulations. 6
(2) The Director-General must, if an application in an approved form is 7
made by an adult offspring of a donor, disclose to the offspring the 8
following information held on the central ART donor register: 9
(a) such non-identifying information relating to other offspring of 10
that donor as may be prescribed by the regulations, 11
(b) such other information relating to other offspring of that donor, 12
including information that identifies the other offspring, as the 13
offspring has consented to being disclosed under this section, but 14
only in accordance with that consent. 15
(3) A person who is an adult offspring of a donor may consent to the 16
disclosure of information about the person to another offspring of the 17
donor by giving written notice to the Director-General of that consent. 18
(4) Consent given under this section may be revoked at any time by giving 19
further written notice to the Director-General. 20
(5) Written notice under this section must be given in an approved form and 21
must be accompanied by such proof as the Director-General may 22
require of the person's identity. 23
38 Disclosure to parent of offspring 24
(1) The Director-General must, if an application in an approved form is 25
made by a parent of a child who was born as a result of ART treatment 26
using a donated gamete, disclose to the parent the following information 27
held on the central ART donor register: 28
(a) such non-identifying information relating to the donor of the 29
gamete as may be prescribed by the regulations, 30
(b) such non-identifying information relating to other offspring of 31
the donor as may be prescribed by the regulations, 32
(c) information that identifies the donor, but only if the disclosure of 33
that information is reasonably necessary to save the life of the 34
child or to prevent serious damage to the child's physical or 35
psychological health and the information cannot reasonably be 36
obtained by the parent in any other way. 37
Page 21
Clause 39 Assisted Reproductive Technology Bill 2007
Part 3 Central ART donor register
(2) The Director-General must, if an application in an approved form is 1
made by an appropriate person, disclose to the appropriate person such 2
information as may be disclosed to the parent of a child under 3
subsection (1) if: 4
(a) the parent of the child is unwilling or unable to seek the 5
information on the child's behalf, and 6
(b) the information cannot reasonably be obtained by the appropriate 7
person in any other way. 8
(3) The Director-General is not to make a disclosure under this section on 9
the basis of preventing serious damage to the psychological health of a 10
child unless a registered medical practitioner with expertise in mental 11
health or a registered psychologist has certified in writing that the 12
damage is likely to occur unless the disclosure takes place. 13
(4) In this section, appropriate person, in relation to a child, means a 14
person who the Director-General considers to be a representative of the 15
child and to have a genuine interest in the welfare of the child. 16
39 Disclosure to donor 17
(1) The Director-General must, if an application in an approved form is 18
made by the donor of a gamete, disclose to the donor the following 19
information held on the central ART donor register: 20
(a) such non-identifying information relating to a person who was 21
born as a result of ART treatment using the donated gamete as 22
may be prescribed by the regulations, 23
(b) such other information relating to a person who was born as a 24
result of ART treatment using the donated gamete, including 25
information that identifies the person, as the person has 26
consented to being disclosed under this section, but only in 27
accordance with that consent. 28
(2) A person who was born as a result of ART treatment using a donated 29
gamete, and who is an adult, may consent to the disclosure of 30
information about the person to the donor of the gamete by giving 31
written notice to the Director-General of that consent. 32
(3) Consent given under this section may be revoked at any time by giving 33
further written notice to the Director-General. 34
(4) Written notice under this section must be given in an approved form and 35
must be accompanied by such proof as the Director-General may 36
require of the person's identity. 37
Page 22
Assisted Reproductive Technology Bill 2007 Clause 40
Central ART donor register Part 3
40 Seeking consent of offspring to disclosure 1
(1) The Director-General may contact a person who is an offspring of a 2
donor and ask the person whether he or she wishes to consent to the 3
disclosure of information under this Part. 4
(2) The Director-General may contact a person under subsection (1): 5
(a) at the request of the donor, or 6
(b) at the request of an adult offspring of the donor, or 7
(c) on the Director-General's own initiative. 8
(3) The Director-General is not to contact a person under subsection (1) 9
unless the person is an adult and the Director-General is of the opinion 10
that the contact is justified in order to promote the welfare and best 11
interests of one or more of the persons concerned. 12
(4) The Director-General may consult any person or body that the 13
Director-General believes may assist the Director-General in the 14
exercise of his or her functions under this section. 15
(5) The Director-General may arrange for any one or more of the persons 16
concerned to be provided with such counselling as the Director-General 17
believes is necessary to assist the person and the Director-General in the 18
matter. 19
(6) The Director-General must exercise his or her functions under this 20
section in accordance with any guidelines that may be prescribed by the 21
regulations. 22
41 Fees 23
(1) The regulations may prescribe fees in relation to any application or 24
notice under this Part. 25
(2) An application or notice under this Part is incomplete unless it is 26
accompanied by the prescribed fee (if any). 27
Page 23
Clause 42 Assisted Reproductive Technology Bill 2007
Part 4 Surrogacy
Part 4 Surrogacy 1
42 Definitions 2
In this Part: 3
commercial surrogacy agreement means a surrogacy agreement 4
involving a fee or reward to the woman who gives birth, or intends to 5
give birth, to the child that is the subject of the agreement. 6
surrogacy agreement means an agreement, whether formal or informal, 7
under which: 8
(a) a woman agrees (whether or not for fee or reward) to become, or 9
try to become, pregnant, with the intention: 10
(i) that a child born as a result of the pregnancy is to be treated 11
as the child of another person (whether by adoption, 12
agreement or otherwise), or 13
(ii) of transferring custody of, or parental responsibility for, a 14
child born as a result of the pregnancy to another person, or 15
(iii) that the right to care for a child born as a result of the 16
pregnancy be permanently surrendered to another person, 17
or 18
(b) a pregnant woman agrees (whether or not for fee or reward): 19
(i) that a child born as a result of the pregnancy is to be treated 20
as the child of another person (whether by adoption, 21
agreement or otherwise), or 22
(ii) that custody of, or parental responsibility for, a child born 23
as a result of the pregnancy is to be transferred to another 24
person, or 25
(iii) that the right to care for a child born as a result of the 26
pregnancy is to be permanently surrendered to another 27
person. 28
43 Commercial surrogacy prohibited 29
A person must not: 30
(a) enter into a commercial surrogacy agreement, or 31
(b) arrange a commercial surrogacy agreement, or 32
(c) accept any benefit under a commercial surrogacy agreement, 33
whether for himself or herself or for another person. 34
Maximum penalty: 2,500 penalty units in the case of a corporation or 35
1,000 penalty units or imprisonment for 2 years, or both, in any other 36
case. 37
Page 24
Assisted Reproductive Technology Bill 2007 Clause 44
Surrogacy Part 4
44 Commercial surrogacy soliciting prohibited 1
A person must not publish, or cause to be published, any publication 2
that is intended to encourage a person to agree to enter into a 3
commercial surrogacy agreement or that states that: 4
(a) a person is or may be willing to enter into a commercial surrogacy 5
agreement, or 6
(b) a person is seeking another person who is or may be willing to 7
enter into a commercial surrogacy agreement or to arrange a 8
commercial surrogacy agreement, or 9
(c) a person is or may be willing to arrange a commercial surrogacy 10
agreement, or 11
(d) a person is or may be willing to accept any benefit under a 12
commercial surrogacy agreement, whether for himself or herself 13
or for another person. 14
Maximum penalty: 2,500 penalty units in the case of a corporation or 15
1,000 penalty units or imprisonment for 2 years, or both, in any other 16
case. 17
45 Surrogacy agreements void 18
A surrogacy agreement is void whether made before, on or after the 19
commencement of this section. 20
Page 25
Clause 46 Assisted Reproductive Technology Bill 2007
Part 5 Inspectors and enforcement
Part 5 Inspectors and enforcement 1
46 Appointment of inspectors 2
(1) The Director-General may appoint any member of staff of the 3
Department, or any person who the Director-General considers is 4
suitably qualified for the purpose, to be an inspector for the purposes of 5
this Act. 6
(2) On appointing an inspector under subsection (1), the Director-General 7
must issue to the inspector a certificate of authority that authorises the 8
inspector to exercise the functions conferred on an inspector by this Act. 9
(3) A certificate of authority must: 10
(a) state that it is issued under the Assisted Reproductive Technology 11
Act 2007, and 12
(b) give the name of the person to whom it is issued, and 13
(c) state the date, if any, on which it expires, and 14
(d) describe the nature of the functions conferred and the source of 15
the functions. 16
47 Powers of inspectors 17
(1) An inspector may, for the purpose of ascertaining whether or not a 18
provision of this Act, or the regulations, is being or has been 19
contravened: 20
(a) at any time, enter and inspect premises that are recorded in the 21
register of ART providers under Division 1 of Part 2 as premises 22
at which an ART provider provides ART services, and 23
(b) at any reasonable time, enter and inspect any other premises. 24
(2) While on premises entered under this section or under the authority of a 25
search warrant under this Part, an inspector may do one or more of the 26
following: 27
(a) inspect anything that the inspector reasonably believes may 28
provide evidence of an offence against this Act or the regulations, 29
(b) take and remove for analysis or testing a sample of any substance 30
that the inspector reasonably believes may provide evidence of an 31
offence against this Act or the regulations, 32
(c) inspect any records kept on those premises and require any 33
person whom the inspector reasonably believes to have custody 34
or control of those records to produce them for inspection, 35
(d) require any person on those premises to answer questions or 36
otherwise furnish information in relation to a contravention of 37
this Act or the regulations, 38
Page 26
Assisted Reproductive Technology Bill 2007 Clause 48
Inspectors and enforcement Part 5
(e) make and take away copies of the whole or any part of any 1
records or other information, 2
(f) take away and retain, for such period as may be reasonably 3
necessary, any records or other information, or any part of them, 4
in order to make copies of them, 5
(g) take away and retain any records or other information, if the 6
inspector concerned reasonably believes that the records or 7
information are evidence of an offence against this Act or the 8
regulations, until proceedings for the offence have been disposed 9
of, 10
(h) seize and detain anything that the inspector reasonably believes 11
may provide evidence of an offence against this Act or the 12
regulations, 13
(i) place anything seized, as referred to in paragraph (h), in a 14
container, or in a room, compartment or cabinet located on the 15
premises where it was seized, and mark, fasten and seal that 16
container or, as the case may be, the door or opening providing 17
access to the room, compartment or cabinet, 18
(j) take such photographs, films, audio, video and other recordings 19
as the inspector considers necessary. 20
(3) Anything seized under this section may, at the option of the inspector 21
who made the seizure or another inspector acting in place of that 22
inspector, be detained on the premises where it was found or be 23
removed to other premises and detained there. 24
(4) Before taking away a record or statement or anything seized under this 25
section, an inspector must tender an appropriate receipt to the person 26
from whom it was taken. 27
(5) This section does not authorise an inspector to enter any part of 28
premises that is being used for residential purposes except: 29
(a) with the consent of the occupier, or 30
(b) under the authority of a search warrant. 31
(6) An inspector must, when exercising on any premises any power of an 32
inspector under this section, produce the inspector's certificate of 33
authority if required to do so by the occupier of the premises. 34
48 Provisions relating to exercise of powers 35
(1) A power conferred by this Act to enter premises, or to make an 36
inspection or take other action on premises, may not be exercised unless 37
the inspector proposing to exercise the power: 38
(a) is in possession of the inspector's certificate of authority, and 39
Page 27
Clause 49 Assisted Reproductive Technology Bill 2007
Part 5 Inspectors and enforcement
(b) gives reasonable notice to the occupier of the premises of the 1
intention to exercise the power unless the giving of notice would 2
defeat the purpose for which it is intended to exercise the power, 3
and 4
(c) exercises the power at a reasonable time, unless it is being 5
exercised in an emergency or in relation to premises that are 6
recorded in the register of ART providers under Division 1 of 7
Part 2 as premises at which an ART provider provides ART 8
services, and 9
(d) uses no more force than is reasonably necessary to effect the 10
entry or make the inspection or take other action. 11
(2) If damage is caused by an inspector exercising a power to enter 12
premises, a reasonable amount of compensation is recoverable as a debt 13
owed by the Crown to the owner of the premises unless the occupier 14
obstructed the exercise of the power. 15
(3) This section does not apply to a power conferred by a search warrant 16
issued under the Law Enforcement (Powers and Responsibilities) Act 17
2002. 18
49 Requirement to provide information and records 19
(1) An inspector may, by written notice given to a person, require the 20
person to furnish to the inspector such information or records (or both) 21
as the inspector requires by the notice, being information that relates to 22
the question of whether or not a provision of this Act or the regulations 23
is being or has been contravened. 24
(2) A notice under this section: 25
(a) must specify the manner in which information or records are 26
required to be furnished and a reasonable time by which the 27
information or records are required to be furnished, and 28
(b) may only require a person to furnish existing records that are in 29
the person's possession or that are within the person's power to 30
obtain lawfully. 31
(3) The inspector to whom any record is furnished under this Part may take 32
copies of it. 33
(4) If any record required to be furnished under this Part is in electronic, 34
mechanical or other form, the notice requires the record to be furnished 35
in written form, unless the notice otherwise provides. 36
(5) This section applies whether or not a power of entry under this Act is 37
being or has been exercised. 38
Page 28
Assisted Reproductive Technology Bill 2007 Clause 50
Inspectors and enforcement Part 5
50 Requirement to provide answers 1
(1) An inspector may require a person who the inspector suspects on 2
reasonable grounds to have knowledge of matters in respect of which 3
information is reasonably required for the purposes of this Act to 4
answer questions in relation to those matters. 5
(2) An inspector may, by written notice, require a corporation to nominate, 6
in writing within the time specified in the notice, a director or officer of 7
the corporation to be the corporation's representative for the purpose of 8
answering questions under this section. 9
(3) Answers given by a person nominated under subsection (2) bind the 10
corporation. 11
51 Limitation on self-incrimination 12
(1) A person who is required under this Part to answer a question or to 13
produce a thing is not excused from answering the question or 14
producing that thing on the ground that the answer to the question or the 15
production of the thing might tend to incriminate the person or make the 16
person liable to a penalty. 17
(2) The answer to the question or production of the thing by an individual 18
is not admissible in evidence against the individual in any criminal 19
proceedings (except proceedings for an offence under section 53 (1)) if: 20
(a) the individual objected at the time to answering the question or 21
producing the thing on the ground that it might incriminate the 22
individual, or 23
(b) the individual was not warned on that occasion that the individual 24
may object to answering the question or producing the thing on 25
the ground that it might incriminate the individual. 26
52 Search warrants 27
(1) An inspector may apply to an authorised officer for a search warrant if 28
the inspector has reasonable grounds for believing that a provision of 29
this Act or the regulations has been or is being contravened on premises. 30
(2) An inspector may not apply for a search warrant unless the inspector has 31
notified the Director-General of the intended application. 32
(3) An authorised officer to whom an application for a search warrant is 33
made under this section may, if satisfied that there are reasonable 34
grounds for doing so, issue a search warrant authorising an inspector 35
named in the warrant, when accompanied by a police officer, and any 36
other person named in the warrant: 37
(a) to enter the premises concerned, and 38
Page 29
Clause 53 Assisted Reproductive Technology Bill 2007
Part 5 Inspectors and enforcement
(b) to search the premises for evidence of a contravention of this Act 1
or the regulations. 2
(4) Division 4 of Part 5 of the Law Enforcement (Powers and 3
Responsibilities) Act 2002 applies to a search warrant issued under this 4
section. 5
(5) In this section: 6
authorised officer means an authorised officer within the meaning of 7
the Law Enforcement (Powers and Responsibilities) Act 2002. 8
53 Offences 9
(1) A person must not: 10
(a) without reasonable excuse, neglect or fail to comply with a 11
requirement made of the person by an inspector under this Act, or 12
(b) without reasonable excuse, hinder or obstruct an inspector in the 13
exercise of any of the powers conferred by this Act. 14
Maximum penalty: 100 penalty units in the case of a corporation or 50 15
penalty units in any other case. 16
(2) A person is not guilty of an offence under subsection (1) (a) unless it is 17
established by the prosecutor that the inspector concerned warned the 18
person that a failure or refusal to comply with the requirement was an 19
offence. 20
(3) A person is not guilty of an offence under subsection (1) (b) unless it is 21
established by the prosecutor that: 22
(a) the inspector produced at the relevant time the inspector's 23
certificate of authority, and 24
(b) the person was informed by the inspector, or otherwise knew, that 25
the inspector was empowered to exercise the power to which the 26
offence relates. 27
54 Disallowance of seizure 28
(1) Any person claiming to be entitled to any seized item (other than a 29
sample of any substance taken for analysis or testing) may, within 10 30
days after the date on which the seizure took place, make an application 31
to a Local Court for an order disallowing the seizure. 32
(2) An application made under this section must not be heard unless the 33
applicant has served a copy of the application on the Director-General. 34
(3) The Director-General is entitled to appear as respondent at the hearing 35
of an application made under this section. 36
Page 30
Assisted Reproductive Technology Bill 2007 Clause 54
Inspectors and enforcement Part 5
(4) The Local Court must, on the hearing of an application made under this 1
section, make an order disallowing the seizure if: 2
(a) the Court is satisfied that: 3
(i) the applicant would, but for the seizure, be entitled to the 4
seized item, and 5
(ii) the respondent has failed to prove beyond all reasonable 6
doubt that, at the time of the seizure, an offence was being 7
or had been committed in relation to the seized item, or 8
(b) the Court is of the opinion that there are exceptional 9
circumstances justifying the making of an order disallowing the 10
seizure. 11
(5) In any other case, the Local Court must refuse the application. 12
(6) If on the hearing of an application made under this section it appears to 13
the Local Court that the seized item that is the subject of the application 14
is required to be produced in evidence in any pending proceedings in 15
connection with an offence against this Act or the regulations, the Court 16
may, either on the application of the respondent or on its own motion, 17
adjourn the hearing until the conclusion of those proceedings. 18
(7) If the Local Court makes an order under subsection (4) disallowing the 19
seizure of any seized item, the Court must also make one or both of the 20
following orders: 21
(a) an order directing the respondent to cause the seized item to be 22
delivered to the applicant or to such other person as appears to the 23
Court to be entitled to it, 24
(b) if the seized item cannot for any reason be so delivered or has in 25
consequence of the seizure depreciated in value, an order 26
directing the Director-General to pay to the applicant such 27
amount by way of compensation as the Court considers to be just 28
and reasonable. 29
(8) The award of costs with respect to the hearing of an application made 30
under this section is at the discretion of the Local Court. 31
(9) If the Local Court makes an order for the payment of any amount as 32
compensation under subsection (7) (b) or awards any amount as costs 33
under subsection (8), that order is enforceable as a judgment of the 34
Court. 35
Page 31
Clause 55 Assisted Reproductive Technology Bill 2007
Part 5 Inspectors and enforcement
55 Disposal of seized items 1
(1) The Director-General must immediately cause a seized item (whether or 2
not the item is forfeited to the Crown) to be delivered to such person as 3
appears to the Director-General to be entitled to it, if: 4
(a) the Director-General becomes satisfied that there has been no 5
contravention of this Act or the regulations in relation to the 6
seized item, and 7
(b) the seized item has not been disposed of or destroyed in a manner 8
that would prevent it from being dealt with in accordance with 9
this subsection. 10
(2) A seized item is forfeited to the Crown and may be destroyed or 11
disposed of in such manner as the Director-General directs if: 12
(a) no application for disallowance of the seizure of a seized item has 13
been made within the period allowed by this Part, or 14
(b) an application has been made within that period and the 15
application has been refused or withdrawn before a decision in 16
respect of that application has been made, or 17
(c) the item is a sample of a substance taken for analysis or testing 18
and the analysis or testing will damage or destroy the item. 19
(3) If any seized item is delivered to a person in accordance with subsection 20
(1), such proprietary and other interests as existed immediately before 21
the forfeiture are revived. 22
Page 32
Assisted Reproductive Technology Bill 2007 Clause 56
ART provider--enforcement provisions Part 6
Part 6 ART provider--enforcement provisions 1
56 Interpretation 2
(1) For the purposes of this Part, a person is taken to be carrying on a 3
business that provides ART services if the person provides ART 4
services in the course of the carrying on of a business (whether or not 5
for profit) operated by the person. 6
(2) If ART services are provided on premises on which a business is carried 7
on, it is to be presumed for the purposes of this Part, unless the contrary 8
is established, that the ART services are provided in the course of the 9
carrying on of that business. 10
(3) For the purposes of this Part: 11
(a) a person is considered to carry on a business if the person: 12
(i) owns, manages, controls, conducts or operates the 13
business, or 14
(ii) has a management role or substantial interest in a 15
corporation that operates the business or a substantial 16
interest in a trust under which the business is operated, and 17
(b) a person is considered to have a management role or substantial 18
interest in a corporation if: 19
(i) the person is a director, secretary or officer (within the 20
meaning of the Corporations Act 2001 of the 21
Commonwealth) of the corporation, or 22
(ii) the person is entitled to more than 10% of the issued share 23
capital of the corporation (with the shares to which the 24
person is entitled including shares to which the person has 25
a relevant interest within the meaning of the Corporations 26
Act 2001 of the Commonwealth), and 27
(c) a person is considered to have a substantial interest in a trust if the 28
person (whether or not as the trustee of another trust) is the 29
beneficiary in respect of more than 10% of the value of the 30
interests in the trust. 31
57 Persons may be prohibited from carrying on business 32
(1) The Director-General may by written notice given to a person prohibit 33
the person from carrying on a business that provides ART services. 34
(2) A prohibition may only be imposed under subsection (1) if the 35
Director-General is satisfied that there are reasonable grounds to do so. 36
(3) Without limiting subsection (2), a prohibition may be imposed on a 37
person under subsection (1), if the Director-General believes on 38
reasonable grounds that: 39
Page 33
Clause 57 Assisted Reproductive Technology Bill 2007
Part 6 ART provider--enforcement provisions
(a) the person has contravened any one or more of the following Acts 1
or the regulations made under those Acts: 2
(i) this Act, 3
(ii) the Human Cloning for Reproduction and Other 4
Prohibited Practices Act 2003, 5
(iii) the Research Involving Human Embryos (New South 6
Wales) Act 2003, 7
(iv) the Prohibition of Human Cloning for Reproduction Act 8
2002 of the Commonwealth, 9
(v) the Research Involving Human Embryos Act 2002 of the 10
Commonwealth, or 11
(b) the person has been refused accreditation by the Reproductive 12
Technology Accreditation Committee of the Fertility Society of 13
Australia (or another prescribed body (as referred to in paragraph 14
(b) of the definition of accredited ART centre in section 8 of the 15
Research Involving Human Embryos Act 2002 of the 16
Commonwealth) or has had any such accreditation suspended, 17
cancelled or otherwise revoked. 18
(4) If a corporation or the trustee of a trust is the subject of a prohibition 19
under this section, the Director-General may by written notice given to 20
the person, prohibit any of the following persons from carrying on a 21
business that provides ART services: 22
(a) each person who has a management role or substantial interest in 23
the corporation or a substantial interest in the trust, 24
(b) each corporation in which a person referred to in paragraph (a) 25
has a management role or substantial interest (whether or not the 26
corporation was in existence at the date of the prohibition), 27
(c) the trustee and any manager of a trust in which a person referred 28
to in paragraph (a) has a substantial interest (whether or not the 29
trust was in existence at the date of the prohibition). 30
(5) A prohibition under this section may be expressed to be: 31
(a) for a fixed period (in which case the prohibition remains in force 32
only for that fixed period), or 33
(b) for an unlimited period subject to an entitlement to apply after a 34
specified time for the lifting of the prohibition (in which case the 35
prohibition remains in force until it is lifted). 36
(6) A prohibition under this section may be limited in its operation in either 37
or both of the following ways: 38
(a) to specified premises, but only if the person concerned carries on 39
a business that provides ART services at those premises, 40
Page 34
Assisted Reproductive Technology Bill 2007 Clause 58
ART provider--enforcement provisions Part 6
(b) to premises within a specified area. 1
(7) If a prohibition under this section is subject to an entitlement to apply 2
after a specified time for the prohibition to be lifted, such an application 3
may be made to the Director-General after that time. 4
(8) If an application is made under subsection (7), the Director-General 5
may, by written notice to the applicant, lift the prohibition or confirm 6
the prohibition and set a further period after which an application for the 7
prohibition to be lifted can be made under subsection (7). 8
58 Offence of carrying on business while prohibited 9
(1) A person who is prohibited under this Part from carrying on a business 10
that provides ART services for any period is guilty of an offence if the 11
person: 12
(a) carries on a business that provides ART services during that 13
period in contravention of the prohibition, or 14
(b) offers to provide ART services at any premises to which the 15
prohibition applies during that period. 16
Maximum penalty: 17
(a) in the case of a corporation, 800 penalty units for a first offence 18
or 1,600 penalty units for a second or subsequent offence, or 19
(b) in any other case, 400 penalty units for a first offence or 800 20
penalty units for a second or subsequent offence. 21
(2) If a continuing state of affairs is created by an offence under this section, 22
the offender is liable to a penalty of not more than: 23
(a) 100 penalty units in the case of a corporation, or 24
(b) 50 penalty units in any other case, 25
in respect of each day on which that offence continues, in addition to the 26
penalty specified in subsection (1). 27
59 Requirement to provide information 28
(1) This section applies if a corporation or the trustee of a trust is the subject 29
of a prohibition under this Part. 30
(2) The Director-General may require the corporation or trustee to provide 31
information that the Director-General may reasonably require to 32
ascertain the identity of each person who has a management role or 33
substantial interest in the corporation or a substantial interest in the 34
trust. 35
Page 35
Clause 60 Assisted Reproductive Technology Bill 2007
Part 6 ART provider--enforcement provisions
(3) The Director-General may require any person who the Director-General 1
reasonably believes has a management role or substantial interest in the 2
corporation or a substantial interest in the trust to provide information 3
that the Director-General may reasonably require to ascertain: 4
(a) the identity of each corporation in which that person has a 5
management role or substantial interest, or 6
(b) the identity of the trustee and any manager of a trust in which that 7
person has a substantial interest. 8
(4) A requirement to provide information is to be imposed by written notice 9
served on the person, corporation or trustee concerned. The notice must 10
specify a period of not less than 7 days as the period within which the 11
required information must be provided. 12
(5) A person who fails, without reasonable excuse, to comply with a 13
requirement of a notice under this section is guilty of an offence. 14
Maximum penalty: 15
(a) in the case of a corporation, 400 penalty units for a first offence 16
or 800 penalty units for a second or subsequent offence, or 17
(b) in any other case, 200 penalty units for a first offence or 400 18
penalty units for a second or subsequent offence. 19
60 Court to notify Director-General of conviction 20
When a court convicts a person for an offence under this Act or the 21
Human Cloning for Reproduction and Other Prohibited Practices Act 22
2003, the registrar or other proper officer of the court must give the 23
Director-General written notice of the conviction. 24
61 Order under section 10 of the Crimes (Sentencing Procedure) Act 1999 25
treated as conviction 26
For the purposes of this Part, the making of an order under section 10 of 27
the Crimes (Sentencing Procedure) Act 1999 in respect of an offence is 28
taken to be a conviction for the offence. 29
Page 36
Assisted Reproductive Technology Bill 2007 Clause 62
Miscellaneous Part 7
Part 7 Miscellaneous 1
62 Person must not make false or misleading representation 2
A person must not, without reasonable excuse, make a representation 3
that is false or misleading in a material particular in an application or 4
notice under this Act or in response to a request for information that is 5
required to be obtained under Part 2. 6
Maximum penalty: 200 penalty units in the case of a corporation or 100 7
penalty units in any other case. 8
63 Summary proceedings for offences 9
(1) Proceedings for an offence against this Act or the regulations may be 10
dealt with: 11
(a) summarily before a Local Court, or 12
(b) summarily before the Supreme Court in its summary jurisdiction. 13
(2) If proceedings are brought in a Local Court, the maximum monetary 14
penalty that the Local Court may impose for the offence is 100 penalty 15
units or such other amount as may be prescribed by the regulations, 16
despite any higher maximum monetary penalty provided in respect of 17
the offence. 18
64 Penalty notices for certain offences 19
(1) An authorised officer may serve a penalty notice on a person if it 20
appears to the officer that the person has committed an offence under 21
this Act or the regulations, being an offence prescribed by the 22
regulations. 23
(2) A penalty notice is a notice to the effect that, if the person served does 24
not wish to have the matter dealt with by a court, the person may pay, 25
within the time and to the person specified in the notice, the amount of 26
penalty prescribed by the regulations for the offence if dealt with under 27
this section. 28
(3) A penalty notice may be served personally or by post. 29
(4) If the amount of penalty prescribed for an alleged offence is paid under 30
this section, no person is liable to any further proceedings for the 31
alleged offence. 32
(5) Payment under this section is not to be regarded as an admission of 33
liability for the purpose of, nor in any way as affecting or prejudicing, 34
any civil claim, action or proceedings arising out of the same 35
occurrence. 36
Page 37
Clause 65 Assisted Reproductive Technology Bill 2007
Part 7 Miscellaneous
(6) The regulations may: 1
(a) prescribe an offence for the purposes of this section by specifying 2
the offence or by referring to the provision creating the offence, 3
and 4
(b) prescribe the amount of penalty payable for the offence if dealt 5
with under this section, and 6
(c) prescribe different amounts of penalties for different offences or 7
classes of offences. 8
(7) The amount of a penalty prescribed under this section for an offence 9
must not exceed the maximum amount of penalty that could be imposed 10
for the offence by a court. 11
(8) This section does not limit the operation of any other provision of, or 12
made under, this or any other Act relating to proceedings which may be 13
taken in respect of offences. 14
(9) In this section: 15
authorised officer means: 16
(a) an inspector, or 17
(b) a person declared by the regulations to be an authorised officer 18
for the purposes of this section. 19
65 Offences by corporations 20
(1) If a corporation contravenes, whether by act or omission, any provision 21
of this Act or the regulations, each officer of the corporation is taken to 22
have contravened the same provision if the person knowingly 23
authorised or permitted the act or omission constituting the offence. 24
(2) A person may be proceeded against and convicted under a provision 25
pursuant to subsection (1), whether or not the corporation has been 26
proceeded against or been convicted under that provision. 27
(3) Nothing in subsection (1) prejudices or affects any liability imposed by 28
a provision of this Act or the regulations on any corporation by which 29
an offence against the provision is actually committed. 30
66 Evidentiary statements 31
In a prosecution for an offence against this Act or the regulations, a 32
statement, purporting to be signed by the Director-General or other 33
prescribed person, relating to: 34
(a) the registration of an ART provider under Division 1 of Part 2, or 35
(b) the prohibition of a person from carrying on a business that 36
provides ART services under Part 6, or 37
Page 38
Assisted Reproductive Technology Bill 2007 Clause 67
Miscellaneous Part 7
(c)any other prescribed matter relating to the administration of this 1
Act, 2
and certifying that the contents of the statement are in accordance with 3
the particulars contained in the document, is admissible in any 4
proceedings and is evidence of the matters contained in the statement 5
without proof of the signature of the person by whom the statement 6
purports to have been signed. 7
67 How notice is to be given 8
(1) A requirement of this Act that a person be given notice is a requirement 9
that the person be given notice either personally or by post. 10
(2) For the purposes of section 76 of the Interpretation Act 1987, a notice 11
from the Director-General served by post on a person for the purposes 12
of this Act is to be treated as being properly addressed if it is addressed: 13
(a) to the address of the person last known to the Director-General, 14
or 15
(b) if the person is a registered ART provider, to any address of the 16
ART provider recorded in the register of ART providers kept 17
under Division 1 of Part 2, including the address of any premises 18
at which the ART provider provides ART services. 19
68 Onus of proof concerning reasonable excuse 20
In any proceedings for an offence against a provision of this Act or the 21
regulations, the onus of proving that a person had a reasonable excuse 22
(as referred to in the provision) lies with the defendant. 23
69 Disclosure of information by ART provider 24
A requirement made by or under this Act has effect despite any duty of 25
confidentiality or other restriction on disclosure and a disclosure made 26
in accordance with this Act or the regulations by or on behalf of an ART 27
provider does not constitute a breach of professional etiquette or ethics 28
or a departure from accepted standards of professional conduct. 29
70 Delegation 30
(1) The Director-General may delegate to an authorised person the exercise 31
of any of the functions of the Director-General under this Act or the 32
regulations, other than this power of delegation. 33
(2) In this section, authorised person means: 34
(a) a member of staff of the Department, or 35
(b) any person or persons of a class as may be prescribed by the 36
regulations. 37
Page 39
Clause 71 Assisted Reproductive Technology Bill 2007
Part 7 Miscellaneous
71 Regulations 1
(1) The Governor may make regulations, not inconsistent with this Act, for 2
or with respect to any matter that by this Act is required or permitted to 3
be prescribed or that is necessary or convenient to be prescribed for 4
carrying out or giving effect to this Act. 5
(2) The regulations may apply, adopt or incorporate any publication as in 6
force at a particular time or from time to time. 7
(3) The regulations may create offences punishable by a penalty not 8
exceeding 10 penalty units. 9
(4) In particular, the regulations may make provision with respect to the 10
manner and form in which consent or modification or revocation of any 11
such consent is to be given for the purposes of this Act. 12
72 Savings, transitional and other provisions 13
Schedule 1 has effect. 14
73 Amendment of other Acts 15
The Acts specified in Schedule 2 are amended as set out in that 16
Schedule. 17
74 Review of Act 18
(1) The Minister is to review this Act to determine whether the policy 19
objectives of the Act remain valid and whether the terms of the Act 20
remain appropriate for securing those objectives. 21
(2) The review is to be undertaken as soon as possible after the period of 5 22
years from the date of assent to this Act. 23
(3) A report on the outcome of the review is to be tabled in each House of 24
Parliament within 12 months after the end of the period of 5 years. 25
Page 40
Assisted Reproductive Technology Bill 2007
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other 1
provisions 2
(Section 72) 3
Part 1 General 4
1 Regulations 5
(1) The regulations may contain provisions of a savings or transitional 6
nature consequent on the enactment of the following Acts: 7
this Act 8
(2) Any such provision may, if the regulations so provide, take effect from 9
the date of assent to the Act concerned or a later date. 10
(3) To the extent to which any such provision takes effect from a date that 11
is earlier than the date of its publication in the Gazette, the provision 12
does not operate so as: 13
(a) to affect, in a manner prejudicial to any person (other than the 14
State or an authority of the State), the rights of that person 15
existing before the date of its publication, or 16
(b) to impose liabilities on any person (other than the State or an 17
authority of the State) in respect of anything done or omitted to 18
be done before the date of its publication. 19
Part 2 Provisions consequent on enactment of 20
this Act 21
2 Use of gametes 22
Division 3 of Part 2 extends to a gamete obtained before the 23
commencement of section 17, except as otherwise provided by this Part. 24
3 Storage of gametes 25
(1) Section 25 does not apply to a gamete obtained by an ART provider 26
before the commencement of that section. 27
(2) The regulations may make provision in relation to the storage or 28
disposal of gametes referred to in subclause (1). 29
4 Central ART donor register 30
(1) Section 33 does not apply to or in relation to ART treatment provided 31
before the commencement of that section. 32
Page 41
Assisted Reproductive Technology Bill 2007
Schedule 1 Savings, transitional and other provisions
(2) Despite subclause (1), the Director-General may enter in the register, in 1
accordance with section 33, information that relates to ART treatment 2
provided before the commencement of that section, if the individual to 3
whom the information relates makes an application for registration of 4
the information in the approved form. 5
(3) Section 41 applies to an application made under subclause (2). 6
(4) Part 3 applies in relation to information referred to in subclause (2) in 7
the same way as it applies to information that relates to ART treatment 8
provided on or after the commencement of section 33. 9
Page 42
Assisted Reproductive Technology Bill 2007
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts 1
(Section 73) 2
2.1 Fines Act 1996 No 99 3
Schedule 1 Statutory provisions under which penalty notices issued 4
Insert in alphabetical order: 5
Assisted Reproductive Technology Act 2007, section 64 6
2.2 Human Tissue Act 1983 No 164 7
[1] Section 4 Definitions 8
Omit the definitions of artificial insemination, authorised supplier, dentist, 9
donor and medical practitioner from section 4 (1). 10
Insert in alphabetical order: 11
donor, in relation to blood, means the person from whom the 12
blood has been removed. 13
[2] Section 4 (1), definition of "exempt supplier" 14
Omit "relevant exemption, or" from paragraph (a2). 15
Insert instead "relevant exemption." 16
[3] Section 4 (1), definition of "exempt supplier" 17
Omit paragraph (b). 18
[4] Section 4 (3) 19
Omit "and the artificial insemination of semen". 20
[5] Part 3, heading 21
Omit "and semen". 22
[6] Sections 18 and 18A (1) 23
Omit ", with respect to blood and blood products," wherever occurring. 24
[7] Section 20C Application of Division 25
Omit "(a), and" from section 20C (b). Insert instead "(a).". 26
[8] Section 20C (c) 27
Omit the paragraph. 28
Page 43
Assisted Reproductive Technology Bill 2007
Schedule 2 Amendment of other Acts
[9] Section 20D Certificates by donors 1
Omit section 20D (2). Insert instead: 2
(2) A person must not remove or use a donor's blood for a purpose 3
referred to in section 20C (a) unless the donor has signed a 4
certificate and had the signature witnessed by a person (or a 5
person belonging to a class of persons) (the prescribed witness) 6
prescribed by the regulations. 7
Maximum penalty: 100 penalty units. 8
[10] Section 20D (4) 9
Omit the subsection. 10
[11] Section 20G Restrictions as to legal proceedings involving infection by 11
a prescribed contaminant involving semen 12
Omit the section. 13
[12] Part 3B Regulation of business supplying semen 14
Omit the Part. 15
[13] Section 21W Application 16
Omit section 21W (2) (c). 17
[14] Section 21ZB Effect of authority under this Part 18
Omit "and semen" from the note to section 21ZB (2). 19
[15] Section 34 Act does not prevent specified removals of tissue 20
Insert after section 34 (1) (b3): 21
(b4) the provision of a gamete by a living person to an ART 22
provider in accordance with the Assisted Reproductive 23
Technology Act 2007, 24
[16] Section 34 (2) 25
Omit "or the obtaining or receipt of semen". 26
[17] Schedule 1 Savings, transitional and other provisions 27
Insert at the end of clause 1 (1): 28
Assisted Reproductive Technology Act 2007 (but only to the 29
extent that it amends this Act) 30
Page 44
Assisted Reproductive Technology Bill 2007
Amendment of other Acts Schedule 2
2.3 Law Enforcement (Powers and Responsibilities) Act 2002 1
No 103 2
[1] Schedule 2 Search warrants under other Acts 3
Insert in alphabetical order: 4
Assisted Reproductive Technology Act 2007, section 52 5
Page 45
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