ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SCHEDULE 1
ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SCHEDULE 1
SCHEDULE 1 – Savings, transitional and other provisions
Part 1 - General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any other Act that amends this Act.
(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 1 January 2010, except as otherwise provided by this Part.
3 Storage of gametes obtained before 1 January 2010
(1) Section 25 does not apply to a gamete obtained by an ART provider before 1 January 2010.
(2) However, if the gamete is a donated gamete, an ART provider must not store the gamete for longer than 15 years after the date the gamete was obtained from the donor or such longer period as may be authorised by the Secretary under this clause.
(3) The Secretary may give written authorisation for the gamete to be stored for a period longer than 15 years, if satisfied that there are reasonable grounds for doing so having regard to any relevant guidelines issued by the Secretary from time to time.
3A Storage of embryos created before 1 January 2010
(1) Section 25 does not apply to an embryo created before 1 January 2010.
(2) However, if the embryo was created using a donated gamete, an ART provider must not store the embryo for longer than 15 years after the date the embryo was created or such longer period as may be authorised by the Secretary under this clause.
(3) The Secretary may give written authorisation for the embryo to be stored for a period longer than 15 years, if satisfied that there are reasonable grounds for doing so having regard to any relevant guidelines issued by the Secretary from time to time.
4 Central ART donor register
(1) Section 33 does not apply to or in relation to ART treatment provided before 1 January 2010.
(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 1 January 2010, 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 1 January 2010.
(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.
4A Completion of family--gametes donated before 1 January 2010
(1) This clause applies to a gamete that was obtained from a donor before 1 January 2010 that is to be used to provide ART treatment to a woman who, before that date, conceived an offspring using a donated gamete from the donor.
(2) The gamete may be used by an ART provider to provide ART treatment to the woman, or to create an embryo outside the body of a woman for use in ART treatment to the woman, and in such a case:(a) the consent of the donor of the gamete is taken to have been provided for the use, and(b) the ART provider is not required to do any of the following with respect to any such gamete or embryo:(i) obtain any information under section 30,(ii) keep a record of information under section 31,(iii) provide information to the Secretary under section 33, and(c) the ART treatment may be provided despite section 26 (1) or 27 (1), and(d) the gamete or embryo may be stored for the purposes of that ART treatment despite clause 3 (or section 25).
(3) Consent of a gamete provider that is taken to have been provided under this clause may be modified or revoked in accordance with section 17.
4B Completion of family--embryos created before 1 January 2010
(1) This clause applies to an embryo created using a donated gamete before 1 January 2010 for the purposes of providing ART treatment to a particular woman.
(2) The embryo may be used by an ART provider to provide ART treatment to the woman and in such a case:(a) the consent of each gamete provider is taken to have been provided for the use, and(b) the ART provider is not required to do any of the following with respect to any such embryo:(i) obtain any information under section 30,(ii) keep a record of information under section 31,(iii) provide information to the Secretary under section 33, and(c) the ART treatment may be provided despite section 26 (1) or 27 (1), and(d) the embryo may be stored for the purposes of that ART treatment despite clause 3 (or section 25).
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.
Part 4 - Provisions consequent on enactment of Health Legislation Amendment Act (No 3) 2018
7 Interpretation
(1) In this Part:
"amending Act" means the Health Legislation Amendment Act (No 3) 2018 .
(2) A reference in this Part to a new provision is a reference to the provision as inserted by the amending Act.
8 Collection of information and keeping of records
(1) New section 30 (5) and (6) extend to ART treatment provided to a woman using a donated gamete within the period of 1 month before the commencement of those provisions.
(2) New section 30 (7) and (8) extend to ART treatment provided to a woman using a donated gamete within the period of 10 months before the commencement of those provisions.
(3) New section 31 (1) (b1) applies only in relation to a woman who has been provided ART treatment using a donated gamete on or after the period of 1 month before the commencement of that provision.
(4) Section 31 (1) (c), as amended by the amending Act, applies only in relation to offspring who are born on or after the commencement of the amendment.
(5) New section 31 (1) (c1) applies only in relation to ART treatment provided to a woman on or after the period of 15 months before the commencement of that provision.
9 Information required to be given to Secretary by ART providers
(1) New section 33 (1) applies only in relation to a live offspring born on or after the commencement of that provision.
(2) Section 33 (1), as in force immediately before its substitution by the amending Act, continues to apply in relation to a live offspring born before that substitution.
(3) New section 33 (1A) extends to ART treatment provided by an ART provider within the period of 15 months before the commencement of that provision.