ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - As at 21 March 2024 - Act 69 of 2007

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions
• 4A References to ART treatment involving gametes
• 4B References to "donated gametes" and "donated embryos"
• 5 Application of other legislation

PART 2 - ART PROVIDERS

Division 1 - Registration

• 6 ART providers must be registered
• 7 Registration
• 8 Notice of change in registered particulars
• 9 Register of ART providers

Division 2 - Provision of ART services

• 10 Infection control standards
• 11 ART services to be undertaken or supervised by a registered medical practitioner
• 12 Counselling to be available
• 13 Provision of information to participants in ART services
14. (Repealed)
• 15 Donated gametes--disclosure of medical information
• 15A Assessment report in relation to surrogacy arrangements

Division 3 - Use of gametes

• 16 Interpretation
• 17 Giving, modifying and revoking consent
• 17A Verification of identify of person giving, modifying or revoking consent
• 17B ART provider to take steps to obtain confirmation of consent in certain cases
• 18 Use of gametes to create embryo outside a woman's body
• 19 Use of gametes or embryos in ART treatment
• 20 Use of gametes or embryos for research
• 21 Supply of gametes or embryos to another person
• 22 Export of gametes or embryos from NSW
• 23 Use of gametes or embryos after death of gamete provider
• 24 Use of gametes or embryos provided more than 5 years ago
• 25 Storage of gametes or embryos
• 26 Donated gametes or embryos--time limit on use
• 27 Donated gametes or embryos--maximum number of families
• 28 Use of gametes to create embryo with close family member
• 29 Provision of ART treatment to a child

Division 4 - Records

• 30 Collection of information
• 31 Records to be kept by ART provider
• 32 Records may be given to other ART providers

PART 3 - CENTRAL REGISTER

Division 1 - Preliminary

• 32A Establishment of central register
• 32B Disclosure of information on the central register generally

Division 2 - Information about ART treatment

• 32C Objectives of central register--ART treatment
• 33 Mandatory giving of information by ART providers
• 33A Voluntary giving of information about private ART arrangements
• 33B Voluntary giving of information about personal characteristics of donor
• 33C Voluntary giving of information by adult offspring of donor
• 33D Secretary to ensure accuracy of central register in relation to ART treatment
• 33E Disclosure of information on Secretary's own initiative
• 34 Direction to answer questions and provide information about donor-conceived births
• 35 Information sharing between Secretary and Registrar of Births, Deaths and Marriages about donor-conceived births
• 36 Disclosure to subject of information
• 37 Disclosure to offspring
• 38 Disclosure to parent of offspring
• 39 Disclosure to donor
• 40 Seeking consent of offspring to disclosure
• 40A Disclosure of information about offspring without consent
• 40B Disclosure permitted with consent
• 41 Fees

Division 3 - Information about surrogacy arrangements

• 41A Definitions
• 41B Information about surrogacy arrangements to be entered in central register
• 41C Provision of surrogacy information by parties to surrogacy arrangement
• 41D Objective of central register--surrogacy arrangements
• 41E Disclosure of information to person to whom it relates
• 41F Disclosure of information to person about birth parents, gamete providers and siblings
• 41G Disclosure of information to birth parent and gamete provider
• 41H Seeking consent to disclosure
• 41I Consent to registration or disclosure of information
• 41J Form of application or notice
• 41K Fees
• 41L Information that relates to both ART treatment and surrogacy arrangement
• 41M Removal of information from register

PART 3A - INFORMATION GENERALLY NOT ON CENTRAL REGISTER

Division 1 - Preliminary

• 41N Definitions

Division 2 - Retention of records

• 41O ART providers must retain records
• 41P Transfer of records
• 41Q Secretary may authorise destruction of records

Division 3 - Access to information

• 41R Objects of Division
• 41S Meaning of "accessible information" about a donor
• 41T Application by or on behalf of persons born as a result of ART treatment
• 41U Disclosure of information by ART provider
• 41V Direction to provide information
• 41W Entry of information provided under Part in central register
• 41X Disclosure of information by Secretary

PART 4 - (Repealed)

PART 5 - INSPECTORS AND ENFORCEMENT

• 46 Appointment of inspectors
• 47 Powers of inspectors
• 48 Provisions relating to exercise of powers
• 49 Requirement to provide information and records
• 50 Requirement to provide answers
• 51 Limitation on self-incrimination
• 52 Search warrants
• 53 Offences
• 54 Disallowance of seizure
• 55 Disposal of seized items
• 55A Use of enforcement powers in connection with Surrogacy Act 2010

PART 6 - ART PROVIDER--ENFORCEMENT PROVISIONS

• 56 Interpretation
• 57 Persons may be prohibited from carrying on business
• 58 Offence of carrying on business while prohibited
• 59 Requirement to provide information
• 60 Court to notify Secretary of conviction
• 61 Order under section 10 of the Crimes (Sentencing Procedure) Act 1999 treated as conviction

PART 7 - MISCELLANEOUS

• 61A Destruction or falsification of ART records
• 62 Person must not make false or misleading representation
• 63 Summary proceedings for offences
• 64 Penalty notices
• 65 Offences by corporations
• 66 Evidentiary statements
• 67 How notice is to be given
• 68 Onus of proof concerning reasonable excuse
• 69 Disclosure of information by ART providers and others
• 70 Delegation
• 71 Regulations
• 72 Savings, transitional and other provisions
73. (Repealed)
• 74 Review of Part 3A
• SCHEDULE 1
Schedule 2 (Repealed)