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TASMANIA
__________
HUMAN CLONING AND OTHER
PROHIBITED PRACTICES BILL 2003
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Interpretation
PART 2 PROHIBITED PRACTICES
Division 1 Human cloning
5. Offence creating a human embryo clone
6. Offence placing a human embryo clone in a human
body or the body of an animal
7. Offence importing and exporting human embryo clone
8. No defence that human embryo clone could not survive
Division 2 Other prohibited practices
9. Offence creating a human embryo other than by
fertilisation, or developing such an embryo
10. Offence creating a human embryo for a purpose other
than achieving pregnancy in a woman
[Bill 57]-I
11. Offence creating or developing a human embryo
containing genetic material provided by more than 2
persons
12. Offence developing a human embryo outside the body of
a woman for more than 14 days
13. Offence using precursor cells from a human embryo or
a human fetus to create a human embryo, or developing
such an embryo
14. Offence heritable alterations to genome
15. Offence collecting a viable human embryo from the
body of a woman
16. Offence creating a chimeric or hybrid embryo
17. Offence placing of an embryo
18. Offence placing a prohibited embryo
19. Offence importing and exporting prohibited embryo
20. Offence commercial trading in human eggs, human
sperm or human embryos
PART 3 MISCELLANEOUS
21. Regulations
22. Review of Act
23. Administration of Act
24. Gene Technology Act 2001 amended
2
HUMAN CLONING AND OTHER
PROHIBITED PRACTICES BILL 2003
(Brought in by the Minister for Health and Human
Services, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to adopt in Tasmania a uniform Australian
approach to the prohibition of human cloning and
certain other practices associated with reproductive
technology and for other purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Human Cloning and Other
Prohibited Practices Act 2003.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
[Bill 57] 3
s. 3 No. Human Cloning and Other Prohibited 2003
Practices
Object of Act
3. (1) The object of this Act is to adopt in Tasmania a
uniform Australian approach to the prohibition of human
cloning and certain other practices associated with
reproductive technology.
(2) For that purpose, this Act creates a number of
offences that mirror offences found in the Prohibition of
Human Cloning Act 2002 of the Commonwealth.
Interpretation
4. (1) In this Act, unless the contrary intention appears
"animal" does not include a human;
"chimeric embryo" means
(a) a human embryo into which a cell, or
any component part of a cell, of an
animal has been introduced; or
(b) a thing declared by the regulations to be
a chimeric embryo;
"human embryo" means a live embryo that has a
human genome or an altered human genome
and that has been developing for less than 8
weeks since the appearance of 2 pro-nuclei or
the initiation of its development by other
means;
"human embryo clone" means a human embryo
that is a genetic copy of another living or dead
human, but does not include a human embryo
created by the fertilisation of a human egg by
human sperm;
4
2003 Human Cloning and Other Prohibited No. s. 4
Practices
"human sperm" includes human spermatids;
"hybrid embryo" means
(a) an embryo created by the fertilisation of
a human egg by animal sperm; or
(b) an embryo created by the fertilisation of
an animal egg by human sperm; or
(c) a human egg into which the nucleus of
an animal cell has been introduced; or
(d) an animal egg into which the nucleus of
a human cell has been introduced; or
(e) a thing declared by the regulations to be
a hybrid embryo;
"precursor cell" means a cell that has the potential
to develop into a human egg or human sperm;
"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,
5
s. 4 No. Human Cloning and Other Prohibited 2003
Practices
excluding any period when the
development is suspended; or
(e) a human embryo created using
precursor cells taken from a human
embryo or human fetus; or
(f) a human embryo that contains a human
cell (within the meaning of section 14)
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.
"woman" means a female human.
(2) For the purposes of establishing that a human
embryo clone is a genetic copy of another living or dead
human
(a) it is sufficient to establish that the set of genes
in the nuclei of the cells of the living or dead
human has been copied; and
(b) it is not necessary to establish that the copy is
an identical genetic copy.
(3) For the purposes of the definition of "human
embryo" in subsection (1), in working out the length of the
period of development of a human embryo, any period
when the development of the embryo is suspended is to be
disregarded.
6
2003 Human Cloning and Other Prohibited No. s. 4
Practices
(4) For the purposes of the definition of "human
embryo clone" in subsection (1), a human embryo that
results from the technological process known as embryo
splitting is taken not to be created by a process of
fertilisation of a human egg by human sperm.
7
s. 5 No. Human Cloning and Other Prohibited 2003
Practices
PART 2 PROHIBITED PRACTICES
Division 1 Human cloning
Offence creating a human embryo clone
5. A person commits an offence if the person intentionally
creates a human embryo clone.
Penalty: Imprisonment for a term not exceeding 15
years.
Offence placing a human embryo clone in a human
body or the body of an animal
6. 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.
Penalty: Imprisonment for a term not exceeding 15
years.
Offence importing and exporting human embryo
clone
7. (1) A person commits an offence if the person
intentionally imports a human embryo clone into
Tasmania.
Penalty: Imprisonment for a term not exceeding 15
years.
(2) A person commits an offence if the person
intentionally exports a human embryo clone from
Tasmania.
8
2003 Human Cloning and Other Prohibited No. s. 8
Practices
Penalty: Imprisonment for a term not exceeding 15
years.
No defence that human embryo clone could not
survive
8. It is not a defence to an offence under section 5, 6 or 7
that the human embryo clone did not survive or could not
have survived.
Division 2 Other prohibited practices
Offence creating a human embryo other than by
fertilisation, or developing such an embryo
9. A person commits an offence if the person intentionally
creates a human embryo by a process other than the
fertilisation of a human egg by human sperm, or
intentionally develops a human embryo so created.
Penalty: Imprisonment for a term not exceeding 10
years.
Offence creating a human embryo for a purpose
other than achieving pregnancy in a woman
10. (1) A person commits an offence if the person
intentionally creates a human embryo 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.
Penalty: Imprisonment for a term not exceeding 10
years.
9
s. 11 No. Human Cloning and Other Prohibited 2003
Practices
(2) A defendant does not bear an evidential burden
in relation to any matter in subsection (1).
Offence creating or developing a human embryo
containing genetic material provided by more than
2 persons
11. A person commits an offence if the person
intentionally creates or develops a human embryo
containing genetic material provided by more than 2
persons.
Penalty: Imprisonment for a term not exceeding 10
years.
Offence developing a human embryo outside the
body of a woman for more than 14 days
12. 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.
Penalty: Imprisonment for a term not exceeding 10
years.
Offence using precursor cells from a human
embryo or a human fetus to create a human embryo,
or developing such an embryo
13. A person commits an offence if 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.
10
2003 Human Cloning and Other Prohibited No. s. 14
Practices
Penalty: Imprisonment for a term not exceeding 10
years.
Offence heritable alterations to genome
14. (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.
Penalty: Imprisonment for a term not exceeding 10
years.
(2) In this section, "human cell" includes a human
embryonal cell, a human fetal cell, human sperm or a
human egg.
Offence collecting a viable human embryo from the
body of a woman
15. 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.
Penalty: Imprisonment for a term not exceeding 10
years.
11
s. 16 No. Human Cloning and Other Prohibited 2003
Practices
Offence creating a chimeric or hybrid embryo
16. (1) A person commits an offence if the person
intentionally creates a chimeric embryo.
Penalty: Imprisonment for a term not exceeding 10
years.
(2) A person commits an offence if the person
intentionally creates a hybrid embryo.
Penalty: Imprisonment for a term not exceeding 10
years.
Offence placing of an embryo
17. (1) A person commits an offence if the person
intentionally places a human embryo in an animal.
Penalty: Imprisonment for a term not exceeding 10
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.
Penalty: Imprisonment for a term not exceeding 10
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.
Penalty: Imprisonment for a term not exceeding 10
years.
12
2003 Human Cloning and Other Prohibited No. s. 18
Practices
Offence placing a prohibited embryo
18. 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.
Penalty: Imprisonment for a term not exceeding 10
years.
Offence importing and exporting prohibited
embryo
19. (1) A person commits an offence if the person
intentionally imports a prohibited embryo into Tasmania.
Penalty: Imprisonment for a term not exceeding 10
years.
(2) A person commits an offence if the person
intentionally exports a prohibited embryo from Tasmania.
Penalty: Imprisonment for a term not exceeding 10
years.
Offence commercial trading in human eggs, human
sperm or human embryos
20. (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.
Penalty: Imprisonment for a term not exceeding 10
years.
(2) A person commits an offence if the person
intentionally receives, or offers to receive, valuable
13
s. 20 No. Human Cloning and Other Prohibited 2003
Practices
consideration from another person for the supply of a
human egg, human sperm or a human embryo.
Penalty: Imprisonment for a term not exceeding 10
years.
(3) In this section
"reasonable expenses", in relation to
(a) 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) 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, within the
meaning of the Prohibition of
Human Cloning Act 2002 of the
Commonwealth; 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.
14
2003 Human Cloning and Other Prohibited No. s. 21
Practices
PART 3 MISCELLANEOUS
Regulations
21. (1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are specified in the
regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or regulated by a
person specified in the regulations.
Review of Act
22. (1) The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and
whether the terms of the Act remain appropriate for
securing those objectives.
(2) The review is to be undertaken as soon as
possible after the period of 2 years from the date of Royal
Assent to this Act.
(3) A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after
the end of the period of 2 years.
(4) The Minister may undertake the review of this
Act at the same time as the review required by section 25
of the Prohibition of Human Cloning Act 2002 of the
Commonwealth, in which case the report on the outcome of
the review of this Act is to be tabled in each House of
Parliament as soon as practicable after the Minister has
completed the review.
15
s. 23 No. Human Cloning and Other Prohibited 2003
Practices
Administration of Act
23. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Health and Human Services;
and
(b) the department responsible to the Minister for
Health and Human Services in relation to the
administration of this Act is the Department of
Health and Human Services.
Gene Technology Act 2001 amended
24. Sections 159, 160 and 161 of the Gene Technology Act
2001 are repealed.
16 Government Printer, Tasmania