South Australian Numbered Acts South Australian Numbered ActsPart 2—delete the Part and substitute:
Part 2—Prohibited practices
Division 1—Practices that are completely prohibited
5—Offence—placing a human embryo clone in the human body or the
body of an animal
A person commits an offence if the person intentionally places a human embryo
clone in the body of a human or the body of an animal.
Maximum penalty: Imprisonment for 15 years.
Note—
The development of a human embryo (including a human embryo clone) outside the
body of a woman for more than 14 days is prohibited by section 9.
6—No defence that human embryo clone could not survive
It is not a defence to an offence under section 5 that the human embryo
clone did not survive or could not have survived.
7—Offence—creating a human embryo for a purpose other than
achieving pregnancy in a woman
(1) A person commits
an offence if the person intentionally creates a human embryo by a process of
the fertilisation of a human egg by a human sperm outside the body of a woman,
unless the person’s intention in creating the embryo is to attempt to
achieve pregnancy in a particular woman.
Maximum penalty: Imprisonment for 15 years.
(2) Despite section
30, a defendant does not bear an evidential burden in relation to any matter
in subsection (1).
8—Offence—creating or developing a human embryo by fertilisation
that contains genetic material provided by more than 2 persons
A person commits an offence if—
(a) the
person intentionally creates or develops a human embryo by a process of the
fertilisation of a human egg by a human sperm outside the body of a woman; and
(b) the
human embryo contains genetic material provided by more than 2 persons.
Maximum penalty: Imprisonment for 15 years.
9—Offence—developing a human embryo outside the body of a woman
for more than 14 days
A person commits an offence if the person intentionally develops a human
embryo outside the body of a woman for a period of more than 14 days,
excluding any period when development is suspended.
Maximum penalty: Imprisonment for 15 years.
10—Offence—heritable alterations to genome
(1) A person commits
an offence if—
(a) the
person alters the genome of a human cell in such a way that the alteration is
heritable by descendants of the human whose cell was altered; and
(b) in
altering the genome, the person intended the alteration to be heritable by
descendants of the human whose cell was altered.
Maximum penalty: Imprisonment for 15 years.
(2) In this
section—
"human cell" includes a human embryonal cell, a human fetal cell, human sperm
or a human egg.
11—Offence—collecting a viable human embryo from the body of a
woman
A person commits an offence if the person removes a human embryo from the body
of a woman, intending to collect a viable human embryo.
Maximum penalty: Imprisonment for 15 years.
12—Offence—creating a chimeric embryo
A person commits an offence if the person intentionally creates a chimeric
embryo.
Maximum penalty: Imprisonment for 15 years.
13—Offence—developing a hybrid embryo
A person commits an offence if the person intentionally develops a hybrid
embryo that has undergone the first mitotic division.
Maximum penalty: Imprisonment for 15 years.
14—Offence—placing of an embryo
(1) A person commits
an offence if the person intentionally places a human embryo in an animal.
Maximum penalty: Imprisonment for 15 years.
(2) A person commits
an offence if the person intentionally places a human embryo in the body of a
human, other than in a woman’s reproductive tract.
Maximum penalty: Imprisonment for 15 years.
(3) A person commits
an offence if the person intentionally places an animal embryo in the body of
a human for any period of gestation.
Maximum penalty: Imprisonment for 15 years.
15—Offence—importing, exporting or placing a prohibited embryo
(1) A person commits
an offence if the person intentionally imports an embryo into South Australia
knowing that, or reckless as to whether, the embryo is a prohibited embryo.
Maximum penalty: Imprisonment for 15 years.
(2) A person commits
an offence if the person intentionally exports an embryo from South Australia
knowing that, or reckless as to whether, the embryo is a prohibited embryo.
Maximum penalty: Imprisonment for 15 years.
(3) A person commits
an offence if the person intentionally places an embryo in the body of a woman
knowing that, or reckless as to whether, the embryo is a prohibited embryo.
Maximum penalty: Imprisonment for 15 years.
(4) In this
section—
"prohibited embryo" means—
(a) a
human embryo created by a process other than the fertilisation of a human egg
by human sperm; or
(b) a
human embryo created outside the body of a woman, unless the intention of the
person who created the embryo was to attempt to achieve pregnancy in a
particular woman; or
(c) a
human embryo that contains genetic material provided by more than
2 persons; or
(d) a
human embryo that has been developing outside the body of a woman for a period
of more than 14 days, excluding any period when development is suspended;
or
(e) a
human embryo created using precursor cells taken from a human embryo or a
human fetus; or
(f) a
human embryo that contains a human cell (within the meaning of
section 10) whose genome has been altered in such a way that the
alteration is heritable by human descendants of the human whose cell was
altered; or
(g) a
human embryo that was removed from the body of a woman by a person intending
to collect a viable human embryo; or
(h) a
chimeric embryo or a hybrid embryo.
16—Offence—commercial trading in human eggs, human sperm or
human embryos
(1) A person commits
an offence if the person intentionally gives or offers valuable consideration
to another person for the supply of a human egg, human sperm or a
human embryo.
Maximum penalty: Imprisonment for 15 years.
(2) A person commits
an offence if the person intentionally receives, or offers to receive,
valuable consideration from another person for the supply of a human egg,
human sperm or a human embryo.
Maximum penalty: Imprisonment for 15 years.
(3) In this
section—
"reasonable expenses"—
(a) in
relation to the supply of a human egg or human sperm—includes, but is
not limited to, expenses relating to the collection, storage or transport of
the egg or sperm; and
(b) in
relation to the supply of a human embryo—
(i)
does not include any expenses incurred by a person before
the time when the embryo became an excess ART embryo; and
(ii)
includes, but is not limited to, expenses relating to the
storage or transport of the embryo;
"valuable consideration", in relation to the supply of a human egg,
human sperm or a human embryo by a person, includes any inducement, discount
or priority in the provision of a service to the person, but does not include
the payment of reasonable expenses incurred by the person in connection with
the supply.
Division 2—Practices that are prohibited unless authorised by a licence
17—Offence—creating a human embryo other than by fertilisation, or
developing such an embryo
A person commits an offence if—
(a) the
person intentionally creates a human embryo by a process other than the
fertilisation of a human egg by a human sperm, or develops a human embryo so
created; and
(b) the
creation or development of the human embryo by the person is not authorised by
a licence.
Maximum penalty: Imprisonment for 10 years.
Notes—
1 The development of a human embryo outside the
body of a woman for more than 14 days is prohibited by section 9.
2 The placement in the body of a woman of a
human embryo clone, or any other human embryo created other than by the
fertilisation of a human egg by a human sperm, is prohibited by sections 5 and
15.
18—Offence—creating or developing a human embryo containing
genetic material provided by more than 2 persons
A person commits an offence if—
(a) the
person intentionally creates or develops a human embryo by a process other
than the fertilisation of a human egg by a human sperm; and
(b) the
human embryo contains genetic material provided by more than 2 persons;
and
(c) the
creation or development of the human embryo by the person is not authorised by
a licence.
Maximum penalty: Imprisonment for 10 years.
Notes—
1 The development of a human embryo outside the
body of a woman for more than 14 days is prohibited by section 9.
2 The placement in the body of a woman of a
human embryo clone, or any other human embryo created other than by the
fertilisation of a human egg by a human sperm, is prohibited by
section 15.
19—Offence—using precursor cells from a human embryo or a human
fetus to create a human embryo, or developing such an embryo
A person commits an offence if—
(a) the
person uses precursor cells taken from a human embryo or a human fetus,
intending to create a human embryo, or intentionally develops an embryo so
created; and
(b) the
person engages in activities mentioned in paragraph (a) without being
authorised by a licence, and the person knows or is reckless as to that fact.
Maximum penalty: Imprisonment for 10 years.
19A—Offence—creating a hybrid embryo
(1) A person commits
an offence if the person intentionally creates a hybrid embryo.
Maximum penalty: Imprisonment for 10 years.
(2) A person commits
an offence if the person intentionally develops a hybrid embryo.
Maximum penalty: Imprisonment for 10 years.
(3) A person does not
commit an offence against subsection (1) or (2) if the creation or
development of the hybrid embryo by the person is authorised by a licence.
Note—
A licence to create or develop a hybrid embryo can only be issued under
Part 2 Division 3 of the Research Involving Human Embryos
Act 2003 —
(a) for
the purposes of testing sperm quality in an accredited ART centre—up to,
but not including, the first mitotic division; or
(b) in
the case of hybrid embryo created by introducing the nucleus of a human cell
into an animal egg—for not longer than 14 days.