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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Human Cloning and Other Prohibited
Practices Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendments to Human Cloning and Other Prohibited
Practices Act 2003 No 20 2
4 Amendments to Research Involving Human Embryos
(New South Wales) Act 2003 No 21 2
5 Repeal of Act 2
Schedule 1 Amendment of Human Cloning and Other Prohibited
Practices Act 2003 3
Schedule 2 Amendment of Research Involving Human Embryos
(New South Wales) Act 2003 10
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Human Cloning and Other Prohibited
Practices Amendment Bill 2007
Act No , 2007
An Act to amend the Human Cloning and Other Prohibited Practices Act 2003 to
mirror changes made by the Commonwealth to nationally consistent legislation; and
for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Human Cloning and Other Prohibited Practices Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Human Cloning and Other Prohibited Practices
Amendment Act 2007.
2 Commencement
This Act is taken to commence on 12 June 2007.
3 Amendments to Human Cloning and Other Prohibited Practices Act 2003
No 20
The Human Cloning and Other Prohibited Practices Act 2003 is
amended as set out in Schedule 1.
4 Amendments to Research Involving Human Embryos (New South Wales)
Act 2003 No 21
The Research Involving Human Embryos (New South Wales) Act 2003
is amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Amendment of Human Cloning and Other Prohibited Practices Act 2003 Schedule 1
Schedule 1 Amendment of Human Cloning and
Other Prohibited Practices Act 2003
(Section 3)
[1] Long title
Insert "for reproduction" after "cloning".
[2] Section 1 Name of Act
Insert "for Reproduction" after "Cloning".
[3] Section 3 Object of Act
Insert "for reproduction" after "cloning" in section 3 (1).
[4] Sections 3 (2) and 19 (4)
Insert "for Reproduction" after "Cloning" wherever occurring.
[5] Section 4 Definitions
Omit the definition of human embryo from section 4 (1). Insert instead:
human embryo means a discrete entity that has arisen from
either:
(a) the first mitotic division when fertilisation of a human
oocyte by a human sperm is complete, or
(b) any other process that initiates organised development of a
biological entity with a human nuclear genome or altered
human nuclear genome that has the potential to develop up
to, or beyond, the stage at which the primitive streak
appears,
and has not yet reached 8 weeks of development since the first
mitotic division.
[6] Section 4 (1)
Insert in alphabetical order:
licence means a licence issued under section 21 of the Research
Involving Human Embryos Act 2002 of the Commonwealth,
including a licence issued under section 21 of that Act as applied
in this State by the Research Involving Human Embryos (New
South Wales) Act 2003.
Page 3
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Schedule 1 Amendment of Human Cloning and Other Prohibited Practices Act 2003
[7] Section 4 (5)(7)
Insert after section 4 (4):
(5) A reference in this Act to an embryo (including a human embryo)
is a reference to a living embryo.
(6) A reference in this Act to a human egg is a reference to a human
oocyte.
(7) A reference in this Act to a human embryo does not include a
reference to:
(a) a hybrid embryo, or
(b) a human embryonic stem cell line.
[8] Part 2
Omit the Part. Insert instead:
Part 2 Prohibited practices
Division 1 Practices that are completely prohibited
5 Offence--placing a human embryo clone in the human body or the
body of an animal
A person commits an offence if the person intentionally places a
human embryo clone in the body of a human or the body of an
animal.
Maximum penalty: Imprisonment for 15 years.
6 No defence that human embryo clone could not survive
It is not a defence to an offence under section 5 that the human
embryo clone did not survive or could not have survived.
7 Offence--creating a human embryo for a purpose other than
achieving pregnancy in a woman
(1) A person commits an offence if the person intentionally creates a
human embryo by a process of the fertilisation of a human egg by
a human sperm outside the body of a woman, unless the person's
intention in creating the embryo is to attempt to achieve
pregnancy in a particular woman.
Maximum penalty: Imprisonment for 15 years.
(2) A defendant does not bear an evidential burden in relation to any
matter in subsection (1).
Page 4
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Amendment of Human Cloning and Other Prohibited Practices Act 2003 Schedule 1
8 Offence--creating or developing a human embryo by fertilisation
that contains genetic material provided by more than 2 persons
A person commits an offence if:
(a) the person intentionally creates or develops a human
embryo by a process of the fertilisation of a human egg by
a human sperm outside the body of a woman, and
(b) the human embryo contains genetic material provided by
more than 2 persons.
Maximum penalty: Imprisonment for 15 years.
9 Offence--developing a human embryo outside the body of a
woman for more than 14 days
A person commits an offence if the person intentionally develops
a human embryo outside the body of a woman for a period of
more than 14 days, excluding any period when development is
suspended.
Maximum penalty: Imprisonment for 15 years.
10 Offence--heritable alterations to genome
(1) A person commits an offence if:
(a) the person alters the genome of a human cell in such a way
that the alteration is heritable by descendants of the human
whose cell was altered, and
(b) in altering the genome, the person intended the alteration
to be heritable by descendants of the human whose cell
was altered.
Maximum penalty: Imprisonment for 15 years.
(2) In this section:
human cell includes a human embryonal cell, a human foetal
cell, human sperm or a human egg.
11 Offence--collecting a viable human embryo from the body of a
woman
A person commits an offence if the person removes a human
embryo from the body of a woman, intending to collect a viable
human embryo.
Maximum penalty: Imprisonment for 15 years.
Page 5
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Schedule 1 Amendment of Human Cloning and Other Prohibited Practices Act 2003
12 Offence--creating a chimeric embryo
A person commits an offence if the person intentionally creates a
chimeric embryo.
Maximum penalty: Imprisonment for 15 years.
13 Offence--developing a hybrid embryo
A person commits an offence if the person intentionally develops
a hybrid embryo for a period of more than 14 days, excluding any
period when development is suspended.
Maximum penalty: Imprisonment for 15 years.
14 Offence--placing of an embryo
(1) A person commits an offence if the person intentionally places a
human embryo in an animal.
(2) A person commits an offence if the person intentionally places a
human embryo in the body of a human, other than in a woman's
reproductive tract.
(3) A person commits an offence if the person intentionally places an
animal embryo in the body of a human for any period of
gestation.
Maximum penalty: Imprisonment for 15 years.
15 Offence--placing a prohibited embryo
(1) A person commits an offence if the person intentionally places an
embryo in the body of a woman knowing that, or reckless as to
whether, the embryo is a prohibited embryo.
Maximum penalty: Imprisonment for 15 years.
(2) In this section, prohibited embryo means:
(a) a human embryo created by a process other than the
fertilisation of a human egg by human sperm, or
(b) a human embryo created outside the body of a woman,
unless the intention of the person who created the embryo
was to attempt to achieve pregnancy in a particular
woman, or
(c) a human embryo that contains genetic material provided
by more than 2 persons, or
(d) a human embryo that has been developing outside the body
of a woman for a period of more than 14 days, excluding
any period when development is suspended, or
Page 6
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Amendment of Human Cloning and Other Prohibited Practices Act 2003 Schedule 1
(e) a human embryo created using precursor cells taken from
a human embryo or a human foetus, or
(f) a human embryo that contains a human cell (within the
meaning of section 10) whose genome has been altered in
such a way that the alteration is heritable by human
descendants of the human whose cell was altered, or
(g) a human embryo that was removed from the body of a
woman by a person intending to collect a viable human
embryo, or
(h) a chimeric embryo or a hybrid embryo.
16 Offence--commercial trading in human eggs, human sperm or
human embryos
(1) A person commits an offence if the person intentionally gives or
offers valuable consideration to another person for the supply of
a human egg, human sperm or a human embryo.
Maximum penalty: Imprisonment for 15 years.
(2) A person commits an offence if the person intentionally receives,
or offers to receive, valuable consideration from another person
for the supply of a human egg, human sperm or a human embryo.
Maximum penalty: Imprisonment for 15 years.
(3) In this section:
reasonable expenses:
(a) in relation to the supply of a human egg or human sperm
includes, but is not limited to, expenses relating to the
collection, storage or transport of the egg or sperm, and
(b) in relation to the supply of a human embryo:
(i) does not include any expenses incurred by a person
before the time when the embryo became an excess
ART embryo within the meaning of the Prohibition
of Human Cloning for Reproduction Act 2002 of the
Commonwealth, and
(ii) includes, but is not limited to, expenses relating to
the storage or transport of the embryo.
valuable consideration, in relation to the supply of a human egg,
human sperm or a human embryo by a person, includes any
inducement, discount or priority in the provision of a service to
the person, but does not include the payment of reasonable
expenses incurred by the person in connection with the supply.
Page 7
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Schedule 1 Amendment of Human Cloning and Other Prohibited Practices Act 2003
Division 2 Practices that are prohibited unless
authorised by a licence
17 Offence--creating a human embryo other than by fertilisation, or
developing such an embryo
A person commits an offence if:
(a) the person intentionally creates a human embryo by a
process other than the fertilisation of a human egg by a
human sperm, or develops a human embryo so created, and
(b) the creation or development of the human embryo by the
person is not authorised by a licence.
Maximum penalty: Imprisonment for 10 years.
18 Offence--creating or developing a human embryo containing
genetic material provided by more than 2 persons
A person commits an offence if:
(a) the person intentionally creates or develops a human
embryo by a process other than the fertilisation of a human
egg by a human sperm, and
(b) the human embryo contains genetic material provided by
more than 2 persons, and
(c) the creation or development of the human embryo by the
person is not authorised by a licence.
Maximum penalty: Imprisonment for 10 years.
18A Offence--using precursor cells from a human embryo or a human
foetus to create a human embryo, or developing such an embryo
A person commits an offence if:
(a) the person uses precursor cells taken from a human
embryo or a human foetus, intending to create a human
embryo, or intentionally develops an embryo so created,
and
(b) the person engages in activities mentioned in paragraph (a)
without being authorised by a licence, and the person
knows or is reckless as to that fact.
Maximum penalty: Imprisonment for 10 years.
18B Offence--developing a hybrid embryo
(1) A person commits an offence if the person intentionally creates a
hybrid embryo.
Page 8
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Amendment of Human Cloning and Other Prohibited Practices Act 2003 Schedule 1
(2) A person commits an offence if the person intentionally develops
a hybrid embryo.
(3) A person does not commit an offence against subsection (1) or (2)
if the creation or development of the hybrid embryo by the person
is authorised by a licence.
Maximum penalty: Imprisonment for 10 years.
[9] Section 19A
Insert after section 19:
19A Further review of Act
(1) The Minister is to further review this Act to determine whether
the policy objectives of the Act remain valid and whether the
terms of the Act, as amended by the Human Cloning and Other
Prohibited Practices Amendment Act 2007, remain appropriate
for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 3 years from the date of assent to the Human Cloning and
Other Prohibited Practices Amendment Act 2007.
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within 12 months after the end of the period
of 3 years.
(4) The Minister may undertake the review of this Act at the same
time as the review required by section 25A of the Prohibition of
Human Cloning for Reproduction Act 2002 of the
Commonwealth, in which case the report on the outcome of the
review of this Act is to be tabled in each House of Parliament as
soon as practicable after the Minister has completed the review.
Page 9
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Schedule 2 Amendment of Research Involving Human Embryos (New South Wales) Act
2003
Schedule 2 Amendment of Research Involving
Human Embryos (New South Wales) Act
2003
(Section 4)
[1] Section 3 Object of Act
Insert "or by other means" after "technology" in section 3 (1).
[2] Section 6 Modification of Commonwealth embryo laws
Omit "Prohibition of Human Cloning Act 2002" from section 6 (1).
Insert instead "Prohibition of Human Cloning for Reproduction Act 2002".
[3] Section 6 (1)
Omit "Human Cloning and Other Prohibited Practices Act 2003".
Insert instead "Human Cloning for Reproduction and Other Prohibited
Practices Act 2003".
[4] Section 23
Insert after section 22:
23 Further review of Act
(1) The Minister is to further review this Act to determine whether
the policy objectives of the Act remain valid and whether the
terms of the Research Involving Human Embryos Act 2002 of the
Commonwealth, as applied in this State by this Act and amended
by the Prohibition of Human Cloning for Reproduction and the
Regulation of Human Embryo Research Amendment Act 2006 of
the Commonwealth, remain appropriate for securing those
objectives.
(2) The review is to be undertaken as soon as possible after the period
of 3 years from the date of assent to the Human Cloning and
Other Prohibited Practices Amendment Act 2007.
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within 12 months after the end of the period
of 3 years.
Page 10
Human Cloning and Other Prohibited Practices Amendment Bill 2007
Amendment of Research Involving Human Embryos (New South Wales) Act Schedule 2
2003
(4) The Minister may undertake the review of this Act at the same
time as the review required by section 47A of the Research
Involving Human Embryos Act 2002 of the Commonwealth, in
which case the report on the outcome of the review of this Act is
to be tabled in each House of Parliament as soon as practicable
after the Minister has completed the review.
Page 11
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