South Australian Consolidated Acts South Australian Consolidated Acts13—Licence required for artificial fertilisation procedures
(1) Subject to
subsection (7), a person must not carry out an artificial fertilisation
procedure except in pursuance of a licence granted by the Minister.
Penalty: $10 000.
(2) The Minister must
not grant a licence unless satisfied—
(a) that
the licence is necessary to fulfil a genuine and substantial social need that
cannot be adequately met by existing licensees; and
(b)
that—
(i)
the applicant is a fit and proper person to hold the
licence; and
(ii)
the applicant has appropriate staff and facilities for
carrying out the artificial fertilisation procedures for which the licence is
sought.
(3) A licence will be
subject to—
(a) a
condition defining the kinds of artificial fertilisation procedures authorised
by the licence;
(b) a
condition preventing the application of artificial fertilisation procedures
except for the benefit of married couples in the following
circumstances—
(i)
the husband or wife (or both) appear to be infertile; or
(ii)
there appears to be a risk that a genetic defect would be
transmitted to a child conceived naturally;
(c) a
condition requiring the licensee to ensure that the code of ethical practice
is observed;
(d) a
condition requiring the licensee to keep specified records in relation
to—
(i)
artificial fertilisation procedures conducted in
pursuance of the licence; and
(ii)
the source of human reproductive material used in the
procedures;
(e) such
other conditions as the Minister may, on the advice of the Council determine.
(4) In
subsection (3)—
"married couple" includes two people who are not married but who are
cohabiting as husband and wife and who—
(a) have
cohabited continuously as husband and wife for the immediately preceding five
years; or
(b)
have, during the immediately preceding six years, cohabited as husband and
wife, for periods aggregating at least five years.
(5) Licence
conditions—
(a)
—
(i)
if determined at the time of grant of the
licence—will be included in the licence itself;
(ii)
if determined subsequently—will be imposed by
notice in writing given personally or by post to the licensee; and
(b) may
be varied or revoked by notice in writing given personally or by post to the
licensee.
(6) If contravention
of, or non-compliance with, a condition of a licence occurs, the licensee is
guilty of an offence.
Penalty: $10 000.
(7) A licence is not
required under this section in respect of artificial insemination if—
(a) it
is carried out by a registered medical practitioner who—
(i)
has submitted his or her name for registration by the
Minister under this section; and
(ii)
has made an undertaking to the Minister to observe the
code of ethical practice; or
(b) it
is carried out gratuitously,
(but this exemption does not extend to any person from whom it has been
withdrawn under subsection (8)).
(8) If the Minister
suspects on reasonable grounds a breach of the code of ethical practice by a
person who is exempt from the requirement to hold a licence by virtue of
subsection (7), the Minister may, by notice in writing, withdraw the
exemption from that person.