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ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 24 Use of gametes or embryos provided more than 5 years ago

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 24

Use of gametes or embryos provided more than 5 years ago

24 Use of gametes or embryos provided more than 5 years ago

(1) An ART provider must not provide ART treatment using a gamete obtained from a gamete provider more than 5 years before the provision of the ART treatment, unless the ART provider has taken reasonable steps to establish whether the gamete provider is alive.
Maximum penalty: 400 penalty units in the case of a corporation or 200 penalty units in any other case.
(2) Despite subsection (1) an ART provider is not required to take reasonable steps to establish whether the gamete provider is alive if:
(a) the ART provider (or another ART provider that supplied the gamete used in the ART treatment) has been contacted by the gamete provider less than 5 years before the provision of the ART treatment, or
(b) the ART provider knows or believes on reasonable grounds that the gamete provider is deceased.
(3) For the purpose of subsection (1),
"reasonable steps" include:
(a) obtaining from the Registrar of Births, Deaths and Marriages a certificate under section 49 of the Births, Deaths and Marriages Registration Act 1995 as to whether the death of the gamete provider has been recorded in the Register kept under that Act, and
(b) completing such other inquiries as may be prescribed by the regulations for the purpose of establishing whether the gamete provider is alive.
(4) The Registrar of Births, Deaths and Marriages must not reject an application made under section 47 of the Births, Deaths and Marriages Registration Act 1995 for the purposes of this section if the application is made in an appropriate form and is accompanied by the fee (if any) prescribed under that Act.
(5) A reference in this section to the
"supply" of a gamete includes a reference to the supply of an embryo created using the gamete.