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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Human Reproductive Cloning and
Trans-Species Fertilisation Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Human cloning--creation of living human clone 2
5 Human cloning--gestation of human embryo clone 3
6 Human trans-species fertilisation--creation of a hybrid 3
7 Human trans-species fertilisation--gestation of a hybrid 3
8 Survival of clone or embryo not relevant 4
b01-086-p06.831
New South Wales
Human Reproductive Cloning and
Trans-Species Fertilisation Bill 2001
No , 2001
A Bill for
An Act to prohibit human reproductive cloning and human trans-species
fertilisation.
Clause 1 Human Reproductive Cloning and Trans-Species Fertilisation Bill 2001
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Human Reproductive Cloning and Trans-Species 3
Fertilisation Act 2001. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Definitions 7
(1) In this Act: 8
embryo means an embryo with the potential for cell division. 9
fertilisation process means the initial creation of an embryo, and 10
includes the initial creation of an embryo by substituting the nucleus 11
of a cell. 12
human does not include a human embryo. 13
human clone means a human that is a genetic copy of another living 14
or dead human. 15
human embryo clone means a human embryo that is a genetic copy 16
of a living or dead human. 17
hybrid embryo means an embryo that is a hybrid of the human species 18
and another animal species. 19
(2) For the purposes of establishing in proceedings under this Act that a 20
human or human embryo is a genetic copy: 21
(a) it is sufficient to establish that the set of genes in the nucleus of 22
the human cell has been copied, and 23
(b) it is not necessary to establish that the copy is an identical 24
genetic copy. 25
4 Human cloning--creation of living human clone 26
A person: 27
(a) who creates, or attempts to create, a human clone by means of 28
a technological or other artificial process, and 29
Page 2
Human Reproductive Cloning and Trans-Species Fertilisation Bill 2001 Clause 4
(b) who intends to create a living human clone, 1
is guilty of an offence. 2
Maximum penalty: Imprisonment for 10 years. 3
5 Human cloning--gestation of human embryo clone 4
A person: 5
(a) who causes a human embryo clone to be placed in the body of 6
a human or animal for any period of gestation, and 7
(b) who knows that it is a human embryo clone, 8
is guilty of an offence. 9
Maximum penalty: Imprisonment for 10 years. 10
6 Human trans-species fertilisation--creation of a hybrid 11
A person: 12
(a) who creates, or attempts to create, by a fertilisation process a 13
hybrid embryo, and 14
(b) who intends to create a hybrid embryo, 15
is guilty of an offence. 16
Maximum penalty: Imprisonment for 10 years. 17
7 Human trans-species fertilisation--gestation of a hybrid 18
A person: 19
(a) who causes a hybrid embryo created by a fertilisation process 20
to be placed in the body of a human or animal for any period of 21
gestation, and 22
(b) who knows that it is a hybrid embryo, 23
is guilty of an offence. 24
Maximum penalty: Imprisonment for 10 years. 25
Page 3
Clause 8 Human Reproductive Cloning and Trans-Species Fertilisation Bill 2001
8 Survival of clone or embryo not relevant 1
It is not a defence in proceedings for an offence under this Act that the 2
human clone, human embryo clone or hybrid embryo (as the case 3
requires) did not or could not survive. 4
Page 4
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