ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 12 Counselling to be available

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 12

12 Counselling to be available

(1) An ART provider must ensure that counselling services are available to any woman who seeks ART treatment from the ART provider, any spouse of such a woman and any person proposing to provide a gamete to the ART provider.

Maximum penalty: 50 penalty units in the case of a corporation or 25 penalty units in any other case.

(2) The counselling services under subsection (1) must:

(a) be available at the place where the ART treatment is provided or, in the case of a person proposing to provide a gamete, at the place where the gamete is to be provided, and

(c) be offered before the ART treatment is provided or, in the case of a person proposing to provide a gamete, before the gamete is provided.

(2A) An ART provider that has possession of a gamete, or an embryo created using a gamete, that was not originally obtained from the gamete provider as a donated gamete must ensure that counselling services are made available to the gamete provider if the gamete provider proposes to donate the gamete or embryo for use by a person other than the gamete provider or the gamete provider's spouse.

(2B) The counselling services under subsection (2A) must:

(a) be available at the premises of the ART provider, and

(b) be offered before the gamete or embryo is used.

(2C) Counselling services under this section must be provided by a person with the qualifications (if any) prescribed by the regulations.

(3) Nothing in this section:

(a) prevents a person who provides the counselling service from charging a reasonable fee for that service, or

(b) requires a person to make use of the counselling service.