New South Wales Consolidated Acts

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 72)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Surrogacy Act 2010

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Use of gametes

Division 3 of Part 2 extends to a gamete obtained before the commencement of section 17, except as otherwise provided by this Part.

3 Storage of gametes

(1) Section 25 does not apply to a gamete obtained by an ART provider before the commencement of that section.

(2) The regulations may make provision in relation to the storage or disposal of gametes referred to in subclause (1).

4 Central ART donor register

(1) Section 33 does not apply to or in relation to ART treatment provided before the commencement of that section.

(2) Despite subclause (1), the Director-General may enter in the register, in accordance with section 33, information that relates to ART treatment provided before the commencement of that section, if the individual to whom the information relates makes an application for registration of the information in the approved form.

(3) Section 41 applies to an application made under subclause (2).

(3A) The Director-General may, on receipt of an application under this clause, direct an ART provider in writing to provide such information as the Director-General may require to enable the Director-General to identify:

(a) in the case of an application by a donor of a gamete-any offspring of the donor born as a result of ART treatment using the donated gamete, and

(b) in the case of an application by a person who was born as a result of ART treatment using a donated gamete-the donor of the gamete.

(3B) An ART provider must comply with any such direction of the Director-General.

(4) Part 3 applies in relation to information referred to in subclause (2) or (3A) in the same way as it applies to information that relates to ART treatment provided on or after the commencement of section 33.

(5) The Director-General must not disclose information provided under subclause (3A) that identifies a person unless the person:

(a) is an adult, and

(b) has made an application under this clause or has provided written consent to the disclosure.

Part 3 - Provisions consequent on enactment of Surrogacy Act 2010

5 Central register

(1) The central register under section 32A is a continuation of, and the same register as, the central ART donor register established under section 33 before the commencement of section 32A, as inserted by the Surrogacy Act 2010 .

(2) A reference in any Act, any instrument made under an Act or in any document to the central ART donor register is to be read as a reference to the central register.

6 Information about surrogacy arrangements to be included in register

Division 3 of Part 3, as inserted by the Surrogacy Act 2010 , extends to information about surrogacy arrangements entered into before the commencement of that Division, subject to the regulations.