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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Health Legislation (Research Involving Embryos
and Prohibition of Human Cloning) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
3. Principal Act 2
4. Purposes of Principal Act 2
5. Definitions and interpretation 3
6. New section 5A inserted 7
5A. Act to bind the Crown 7
PART 2--EXCESS EMBRYOS 8
7. New Part 2A inserted 8
PART 2A--REGULATION OF CERTAIN USES
INVOLVING EXCESS ART EMBRYOS 8
Division 1--Interpretation 8
21A. Definitions 8
21B. Meaning of excess ART embryo 10
Division 2--Offences 11
21C. Offence--use of excess ART embryo 11
21D. Offence--use of embryo that is not an excess ART
embryo 13
21E. Offence--breaching a licence condition 13
Division 3--Embryo Research Licensing Committee of
the NHMRC 14
21F. Functions of Committee 14
21G. Powers of Committee 14
Division 4--Licensing System 15
21H. Person may apply for licence 15
21I. Determination of application by Committee 15
21J. Notification of decision 17
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Clause Page
21K. Period of licence 17
21L. Licence is subject to conditions 17
21M. Variation of licence 19
21N. Suspension or revocation of licence 20
21O. Surrender of licence 20
21P. Notification of variation, suspension or revocation
of licence 20
Division 5--Reporting and Confidentiality 20
21Q. NHMRC Licensing Committee to make certain
information publicly available 20
21R. Confidential commercial information may only be
disclosed in certain circumstances 21
Division 6--Review provisions 24
21S. Meaning of terms 24
21T. Review of decisions 25
Division 7--Monitoring Powers 25
21U. Powers available to inspectors for monitoring
compliance 25
21V. Monitoring powers 26
21W. Power to secure 28
21X. Inspector must produce identity card on request 28
21Y. Consent 29
21Z. Compensation for damage 29
8. New Division 5 inserted in Part 3 30
Division 5--Application of Part 30
35A. Meaning of "research" in this Part 30
PART 3--OFFENCES 31
9. New Part 4A inserted 31
PART 4A--PROHIBITED PRACTICES 31
Division 1--Human Cloning 31
38A. Offence--creating a human embryo clone 31
38B. Offence--placing a human embryo clone in the human
body or the body of an animal 31
38C. Offence--importing or exporting a human embryo
clone 31
38D. No defence that human embryo clone could not
survive 32
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Clause Page
Division 2--Other Prohibited Practices 32
38E. Offence--creating a human embryo other than by
fertilisation, or developing such an embryo 32
38F. Offence--creating a human embryo for a purpose
other than achieving pregnancy in a woman 32
38G. Offence--creating or developing a human embryo
containing genetic material provided by more than
2 persons 33
38H. Offence--developing a human embryo outside the
body of a woman for more than 14 days 33
38I. Offence--using precursor cells from a human embryo
or a human foetus to create a human embryo, or
developing such an embryo 34
38J. Offence--heritable alterations to genome 34
38K. Offence--collecting a viable human embryo from the
body of a woman 35
38L. Offence--creating a chimeric or hybrid embryo 35
38M. Offence--placing of an embryo 35
38N. Offence--importing, exporting or placing a prohibited
embryo 36
38O. Offence--commercial trading in human eggs, human
sperm or human embryos 37
10. Amendment of Part 5 39
11. New section 38P inserted 39
38P. Application of Division 39
12. New section 50A inserted 39
50A. Application of Division 39
PART 4--MISCELLANEOUS 40
13. Register to be kept for licensed centre 40
14. New section 104A inserted 40
104A. Application of Part 40
15. New section 110A inserted 40
110A. Formation of embryos 40
16. Infertility Treatment Authority 41
17. Search warrants 42
18. Indictable offences 42
19. Amendment of heading to Part 14 42
20. New Division 1 substituted in Part 14 42
Division 1--Review of Parts 2A and 4A 42
166. Review of operation of Parts 2A and 4A 42
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Clause Page
21. New Division 3 inserted in Part 14 44
Division 3--Savings and Transitional Provisions (2002 Act) 44
200. Definition 44
201. Status of certain licences and approvals 44
202. Regulations 44
203. General transitional provision 45
22. Consequential amendments 45
23. Repeal of certain provisions 53
24. Consequential amendment of Gene Technology Act 2001 53
25. Consequential amendments of other Acts 53
ENDNOTES 55
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PARLIAMENT OF VICTORIA
Initiated in Assembly 12 September 2002
A BILL
to amend the Infertility Treatment Act 1995 so as to make fresh
provision for the regulation of certain activities involving the use of
human embryos and for the prohibition of human cloning and certain
other practices associated with reproductive technology, to make
consequential amendments to the Gene Technology Act 2001 and
certain other Acts and for other purposes.
Health Legislation (Research Involving
Embryos and Prohibition of Human
Cloning) Act 2002
The Parliament of Victoria enacts as follows:
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Health Legislation (Research Involving Embryos and
Prohibition of Human Cloning) Act 2002
Act No.
part 1--preliminary
s. 1
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Infertility
Treatment Act 1995 so as to make fresh
5 provision for--
(a) the regulation of certain activities involving
the use of human embryos; and
(b) the prohibition of human cloning and certain
other practices associated with reproductive
10 technology.
2. Commencement
This Act comes into operation on a day or days to
be proclaimed.
3. Principal Act
15 See: In this Act, the Infertility Treatment Act 1995 is
Act No.
called the Principal Act.
63/1995.
Reprint No. 1
as at
1 January
1998 and
amending
Act Nos
12/1998,
46/1998,
52/1998,
74/2000,
2/2001,
59/2001 and
11/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Purposes of Principal Act
In section 1 of the Principal Act--
(a) after paragraph (b) insert--
20 "(ba) to regulate certain activities involving
the use of human embryos;
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s. 5
(bb) to prohibit human cloning and certain
other practices associated with
reproductive technology;";
(b) in paragraph (c) omit ", zygotes";
5 (c) after paragraph (f) insert--
"(fa) to confer functions on the Embryo
Research Licensing Committee of the
National Health and Medical Research
Council;".
10 5. Definitions and interpretation
(1) In section 3(1) of the Principal Act, insert the
following definitions--
' "animal" does not include a human;
"chimeric embryo" means--
15 (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;
20 "Commonwealth Act" means the Research
Involving Embryos Act 2002 of the
Commonwealth;
"Commonwealth authority" means the
following--
25 (a) a body corporate established for a
public purpose by or under an Act;
(b) a company in which a controlling
interest is held by any one of the
following persons, or by 2 or more of
30 the following persons together--
(i) the Commonwealth;
(ii) a body covered by paragraph (a);
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Act No.
part 1--preliminary
s. 5
(iii) a body covered by either sub-
paragraph (i) or (ii);
"human embryo" means a live embryo that has a
human genome or an altered human genome
5 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
10 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;
"human sperm" includes human spermatids;
15 "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
20 (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
25 a hybrid embryo;
"inspector" means a person appointed as an
inspector under section 33(1) of the
Commonwealth Act;
"NHMRC Licensing Committee" means the
30 Committee established by section 13 of the
Commonwealth Act;
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Act No.
part 1--preliminary
s. 5
"oocyte in the process of fertilisation" means an
oocyte at any stage of human development
from the commencement of penetration of
the oocyte by human sperm up to but not
5 including the appearance of 2 pro-nuclei;
"precursor cell" means a cell that has the
potential to develop into a human egg or
human sperm;
"the NHMRC" means the National Health and
10 Medical Research Council established by the
National Health and Medical Research
Council Act 1992 of the Commonwealth;
"woman" means a female human;'.
(2) In section 3(1) of the Principal Act--
15 (a) the definitions of "clone", "donor zygote",
"embryo", "parthenogenesis",
"parthenogenetic oocyte", "syngamy" and
"zygote" are repealed;
(b) in the definition of "donor treatment
20 procedure" omit "or a donor zygote";
(c) in the definition of "fertilisation procedure",
paragraph (a) is repealed;
(d) in the definition of "oocyte", omit "but does
not include a parthenogenetic oocyte";
25 (e) in the definition of "research"--
(i) omit "and";
(ii) paragraph (b) is repealed;
(f) in the definition of "store", omit "zygote,"
(where twice occurring).
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s. 5
(3) In section 3 of the Principal Act, after sub-section
(1) insert--
'(1A) For the purposes of establishing that a human
embryo clone is a genetic copy of a living or
5 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
10 (b) it is not necessary to establish that the
copy is an identical genetic copy.
(1B) For the purposes of the definition of "human
embryo" in sub-section (1), in working out
the length of the period of development of a
15 human embryo, any period when the
development of the embryo is suspended is
to be disregarded.
(1C) For the purposes of the definition of "human
embryo clone" in sub-section (1), a human
20 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.
(1D) In this Act, a reference to an embryo is a
25 reference to a human embryo, unless the
contrary intention appears.'.
(4) In section 4(1) of the Principal Act--
(a) in paragraph (f), for "a zygote or" substitute
"an";
30 (b) in paragraph (g), omit ", zygote" (where
twice occurring).
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Act No.
part 1--preliminary
s. 6
6. New section 5A inserted
After section 5 of the Principal Act insert--
"5A. Act to bind the Crown
(1) This Act binds the Crown, not only in right
5 of the State of Victoria, but also, so far as the
legislative power of the Parliament permits,
the Crown in all its other capacities.
(2) Nothing in this Act renders the Crown liable
to be prosecuted for an offence.".
__________________
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Health Legislation (Research Involving Embryos and
Prohibition of Human Cloning) Act 2002
Act No.
part 2--excess embryos
s. 7
PART 2--EXCESS EMBRYOS
7. New Part 2A inserted
After Part 2 of the Principal Act insert--
'PART 2A--REGULATION OF CERTAIN USES
5 INVOLVING EXCESS ART EMBRYOS
Division 1--Interpretation
21A. Definitions
In this Part--
"accredited ART centre" means a person
10 or body accredited to carry out assisted
reproductive technology by--
(a) the Reproductive Technology
Accreditation Committee of the
Fertility Society of Australia; or
15 (b) if the regulations prescribe another
body or other bodies in addition
to, or instead of, the body
mentioned in paragraph (a)--that
other body or any of those other
20 bodies, as the case requires;
"AHEC" means the Australian Health
Ethics Committee established by the
National Health and Medical Research
Council Act 1992 of the
25 Commonwealth;
"confidential commercial information"
means information that has a
commercial or other value that would
be, or could reasonably be expected to
30 be, destroyed or diminished if the
information were disclosed;
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Act No.
part 2--excess embryos
s. 7
"disclose", in relation to information, means
give or communicate in any way;
"excess ART embryo" has the meaning
given by section 21B;
5 "HREC" means a Human Research Ethics
Committee;
"licence" means a licence issued under
section 21I;
"proper consent", in relation to the use of
10 an excess ART embryo, means--
(a) consent obtained in accordance
with the Ethical Guidelines on
Assisted Reproductive
Technology (1996) issued by the
15 NHMRC; or
(b) if (for the purposes of
paragraph (b) of the definition of
"proper consent" in section 8 of
the Commonwealth Act) the
20 Chairperson of the NHMRC
Licensing Committee specifies, by
notice in the Commonwealth of
Australia Gazette, other guidelines
issued by the NHMRC--consent
25 obtained in accordance with those
other guidelines;
"responsible person", in relation to an
excess ART embryo, means--
(a) each person who provided the egg
30 or sperm from which the embryo
was created; and
(b) the woman for whom the embryo
was created, for the purpose of
achieving her pregnancy; and
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s. 7
(c) any person who was the spouse of
a person mentioned in paragraph
(a) at the time the egg or sperm
mentioned in that paragraph was
5 provided; and
(d) any person who was the spouse of
the woman mentioned in
paragraph (b) at the time the
embryo was created.
10 21B. Meaning of excess ART embryo
(1) In this Part--
"excess ART embryo" means a human
embryo that--
(a) was created, by assisted
15 reproductive technology, for use
in the assisted reproductive
technology treatment of a woman;
and
(b) is excess to the needs of--
20 (i) the woman for whom it was
created; and
(ii) her spouse (if any) at the
time the embryo was created.
(2) For the purposes of paragraph (b) of the
25 definition of "excess ART embryo", a human
embryo is excess to the needs of the persons
mentioned in that paragraph at a particular
time if--
(a) each such person has given written
30 authority for use of the embryo for a
purpose other than a purpose relating to
the assisted reproductive technology
treatment of the woman concerned, and
the authority is in force at that time; or
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part 2--excess embryos
s. 7
(b) each such person has determined in
writing that the embryo is excess to
their needs, and the determination is in
force at that time.
5 Division 2--Offences
21C. Offence--use of excess ART embryo
(1) A person commits an offence if the person
intentionally uses an excess ART embryo,
unless--
10 (a) the use by the person is authorised by a
licence; or
(b) the use by the person is an exempt use
within the meaning of sub-section (3).
(2) An offence against sub-section (1) is an
15 indictable offence punishable by
imprisonment for a term not exceeding
5 years.
(3) A use of an excess ART embryo by a person
is an exempt use for the purposes of sub-
20 section (1)--
(a) the use consists only of--
(i) storage of the excess ART
embryo; or
(ii) removal of the excess ART
25 embryo from storage; or
(iii) transport of the excess ART
embryo; or
(b) the use consists only of observation of
the excess ART embryo; or
30 (c) the use consists only of allowing the
excess ART embryo to succumb; or
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part 2--excess embryos
s. 7
(d) the use is carried out by an accredited
ART centre, and--
(i) the excess ART embryo is not
suitable to be placed in the body
5 of the woman for whom it was
created; and
(ii) the use forms part of diagnostic
investigations conducted in
connection with the assisted
10 reproductive technology treatment
of the woman for whom the
excess ART embryo was created;
or
(e) the use is carried out by an accredited
15 ART centre and is for the purposes of
achieving pregnancy in a woman other
than the woman for whom the excess
ART embryo was created; or
(f) the use is of a kind prescribed by the
20 regulations for the purposes of this
paragraph.
(4) Despite section 130(1) of the Magistrates'
Court Act 1989, a defendant does not bear a
burden of presenting or pointing to evidence
25 in accordance with that section in relation to
any matter in sub-section (1) or (3) of this
section.
(5) In sub-section (1)--
"observation", in relation to an excess ART
30 embryo, includes taking a photograph
of the embryo, or taking a recording of
the embryo from which a visual image
can be produced.
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part 2--excess embryos
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21D. Offence--use of embryo that is not an
excess ART embryo
(1) A person commits an offence if--
(a) the person intentionally uses, outside
5 the body of a woman, a human embryo
that is not an excess ART embryo; and
(b) the person is not using the embryo as
part of an ART program carried out by
an accredited ART centre, and the
10 person knows or is reckless as to that
fact.
(2) An offence against sub-section (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
15 5 years.
(3) In this section--
"ART program" means an assisted
reproductive technology program
carried out in accordance with--
20 (a) the Code of Practice for Centres
Using Assisted Reproductive
Technology issued by the
Reproductive Technology
Accreditation Committee of the
25 Fertility Society of Australia, as in
force from time to time; or
(b) such other code or document as is
prescribed by the regulations in
addition to, or instead of, the code
30 mentioned in paragraph (a), as in
force from time to time.
21E. Offence--breaching a licence condition
(1) A person commits an offence if the person
intentionally engages in conduct, knowing
35 that the conduct contravenes a condition of a
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licence that applies to the person, or reckless
as to whether the conduct contravenes a
condition of such a licence.
(2) An offence against sub-section (1) is an
5 indictable offence punishable by
imprisonment for a term not exceeding
5 years.
(3) In this section--
"engage in conduct" means--
10 (a) do an act; or
(b) omit to perform an act.
Division 3--Embryo Research Licensing
Committee of the NHMRC
21F. Functions of Committee
15 The functions of the NHMRC Licensing
Committee under this Part are--
(a) to perform functions in relation to
licences under Division 4; and
(b) to perform functions in relation to
20 databases under Division 5; and
(c) to perform such other functions as are
conferred on it by this Part or any other
law.
21G. Powers of Committee
25 The NHMRC Licensing Committee has
power to do all things necessary or
convenient to be done for or in connection
with the performance of its functions under
this Part.
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part 2--excess embryos
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Division 4--Licensing System
21H. Person may apply for licence
(1) A person may apply to the NHMRC
Licensing Committee for a licence
5 authorising use of excess ART embryos.
(2) An application under sub-section (1)--
(a) must be made in accordance with the
requirements (if any) specified in
writing by the NHMRC Licensing
10 Committee; and
(b) must be accompanied by the fee (if
any) prescribed by the regulations.
21I. Determination of application by Committee
(1) This section applies if a person has made an
15 application under section 21H for a licence.
(2) The NHMRC Licensing Committee must
decide, in accordance with this section,
whether or not to issue the licence.
(3) The NHMRC Licensing Committee must not
20 issue the licence unless it is satisfied of the
following--
(a) that appropriate protocols are in
place--
(i) to enable proper consent to be
25 obtained before an excess ART
embryo is used under the licence;
and
(ii) to enable compliance with any
restrictions on such consent;
30 (b) if the use of an excess ART embryo
proposed in the application may
damage or destroy the embryo--that
appropriate protocols are in place to
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part 2--excess embryos
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enable compliance with the condition
that such use is authorised only in
respect of an embryo created before
5 April 2002;
5 (c) that the activity or project proposed in
the application has been assessed and
approved by a HREC that is constituted
in accordance with, and acting in
compliance with, the NHMRC National
10 Statement on Ethical Conduct in
Research Involving Humans (1999), as
in force from time to time.
(4) In deciding whether to issue the licence, the
NHMRC Licensing Committee must have
15 regard to the following--
(a) the number of excess ART embryos
likely to be necessary to achieve the
goals of the activity or project proposed
in the application;
20 (b) the likelihood of significant advance in
knowledge, or improvement in
technologies for treatment, as a result
of the use of excess ART embryos
proposed in the application, which
25 could not reasonably be achieved by
other means;
(c) any relevant guidelines, or relevant
parts of guidelines, issued by the
NHMRC;
30 (d) the HREC assessment of the
application mentioned in sub-section
(3)(c);
(e) such additional matters (if any) as are
prescribed by the regulations.
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part 2--excess embryos
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21J. Notification of decision
(1) The NHMRC Licensing Committee must
notify its decision on an application for a
licence under section 21H to the following--
5 (a) the applicant;
(b) the HREC that assessed and approved
the activity or project proposed in the
application as mentioned in section
21I(3)(c);
10 (c) the Authority.
(2) If the NHMRC Licensing Committee decides
to issue the licence, it must, in addition to
issuing the licence to the applicant, give a
copy of the licence to the bodies mentioned
15 in sub-section (1)(b) and (c).
21K. Period of licence
(1) A licence--
(a) comes into force on the day specified in
the licence, or if no day is specified, on
20 the day on which it is issued; and
(b) remains in force until the day specified
in the licence, unless it is suspended,
revoked or surrendered before that day.
(2) A licence is not in force throughout any
25 period of suspension.
21L. Licence is subject to conditions
(1) A licence is subject to the condition that
before an excess ART embryo is used as
authorised by the licence--
30 (a) each responsible person in relation to
the excess ART embryo must have
given proper consent to that use; and
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s. 7
(b) the licence holder must have reported in
writing to the NHMRC Licensing
Committee that such consent has been
obtained, and any restrictions to which
5 the consent is subject; and
(c) if the licence authorises use of an
excess ART embryo that may damage
or destroy the embryo--the licence
holder must have reported in writing to
10 the NHMRC Licensing Committee that
the embryo was created before 5 April
2002.
(2) A licence is subject to the condition that the
use of an excess ART embryo must be in
15 accordance with any restrictions to which the
proper consent under sub-section (1) is
subject.
(3) If a licence authorises the use of an excess
ART embryo that may damage or destroy the
20 embryo, the licence is subject to the
condition that such use is authorised only in
respect of an embryo created before 5 April
2002.
(4) A licence is subject to such other conditions
25 as are specified in the licence.
(5) The conditions specified in the licence may
include, but are not limited to, conditions
relating to the following--
(a) the persons authorised by the licence to
30 use excess ART embryos;
(b) the number of excess ART embryos in
respect of which use is authorised by
the licence;
(c) reporting;
35 (d) monitoring;
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(e) information to be given by the licence
holder to persons authorised by the
licence to use excess ART embryos.
(6) The licence conditions set out in sub-sections
5 (1), (2) and (3) apply to all persons who are
authorised by the licence to use excess ART
embryos.
(7) Licence conditions specified in the licence
apply to--
10 (a) the licence holder; and
(b) such other persons authorised by the
licence to use excess ART embryos as
are specified in the licence.
21M. Variation of licence
15 (1) The NHMRC Licensing Committee may, by
notice in writing given to the licence holder,
vary a licence if the Committee believes on
reasonable grounds that it is necessary or
desirable to do so.
20 (2) The NHMRC Licensing Committee may
vary a licence under sub-section (1) on its
own initiative or on application by the
licence holder.
(3) Without limiting sub-section (1), the
25 NHMRC Licensing Committee may vary the
licence by specifying additional conditions
or varying existing conditions.
(4) The NHMRC Licensing Committee must not
vary a licence in such a way that, had a
30 person applied under section 21H for the
licence as varied, the Committee would not
have been permitted by this Part to issue the
licence.
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21N. Suspension or revocation of licence
The NHMRC Licensing Committee may, by
notice in writing given to the licence holder,
suspend or revoke a licence if the Committee
5 believes on reasonable grounds that a
condition of the licence has been breached.
21O. Surrender of licence
A licence holder may surrender a licence by
written notice given to the NHMRC
10 Licensing Committee.
21P. Notification of variation, suspension or
revocation of licence
(1) If the NHMRC Licensing Committee varies,
suspends or revokes a licence, the
15 Committee must notify--
(a) the licence holder; and
(b) the HREC; and
(c) the Authority.
(2) The NHMRC Licensing Committee must
20 also notify the HREC and the Authority if a
licence is surrendered.
Division 5--Reporting and Confidentiality
21Q. NHMRC Licensing Committee to make
certain information publicly available
25 (1) The NHMRC Licensing Committee must
maintain a database containing the following
information in relation to each licence
(including a licence as varied)--
(a) the name of the person to whom the
30 licence was issued;
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(b) a short statement about the nature of the
uses of excess ART embryos that are
authorised by the licence;
(c) any conditions to which the licence is
5 subject;
(d) the number of excess ART embryos in
respect of which use is authorised by
the licence;
(e) the date on which the licence was
10 issued;
(f) the period throughout which the licence
is to remain in force.
(2) The database is to be made publicly
available.
15 (3) The database may be kept and made publicly
available in electronic form.
(4) Information mentioned in sub-section (1)
must not be such as to disclose confidential
commercial information.
20 21R. Confidential commercial information may
only be disclosed in certain circumstances
(1) A person commits an offence if--
(a) the person discloses confidential
commercial information that the person
25 has only because of performing duties
or functions under this Part or the
Commonwealth Act; and
(b) the person knows that the information
is confidential commercial information;
30 and
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(c) the disclosure is not--
(i) to a State agency, the
Commonwealth or a
Commonwealth authority in the
5 course of carrying out duties or
functions under this Part or the
Commonwealth Act; or
(ii) by order of a court; or
(iii) with the consent of each person to
10 whom the information has a
commercial or other value.
(2) A person commits an offence if--
(a) the person discloses confidential
commercial information that the person
15 has only because of a disclosure
permitted under sub-section (1) or this
sub-section; and
(b) the person knows that the information
is confidential commercial information;
20 and
(c) the disclosure is not--
(i) to a State agency, the
Commonwealth or a
Commonwealth authority in the
25 course of carrying out duties or
functions under this Part or the
Commonwealth Act; or
(ii) by order of a court; or
(iii) with the consent of each person to
30 whom the information has a
commercial or other value.
(3) An offence against sub-section (1) or (2) is
punishable by imprisonment for a term not
exceeding 2 years.
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(4) In this section--
"court" includes a tribunal, authority or
person having power to require the
production of documents or the
5 answering of questions;
"State agency" means the following--
(a) the Crown in right of the State;
(b) a Minister of the State;
(c) a State Government department;
10 (d) the Authority or any other
instrumentality of the State,
including a body corporate
established for a public purpose
by or under a law of the State;
15 (e) a company in which a controlling
interest is held by any one of the
following persons, or by 2 or more
of the following persons
together--
20 (i) the Crown in right of the
State;
(ii) a person or body covered by
paragraph (b) or (d);
(iii) a person or body covered by
25 either sub-paragraph (i)
or (ii).
Note: For the definition of confidential commercial
information, see section 21A.
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Division 6--Review provisions
21S. Meaning of terms
In this Division--
"Administrative Appeals Tribunal" means
5 the Administrative Appeals Tribunal
established by the Administrative
Appeals Tribunal Act 1975 of the
Commonwealth;
"decision" has the same meaning as in the
10 Administrative Appeals Tribunal Act
1975 of the Commonwealth;
"eligible person", in relation to a decision
of the NHMRC Licensing Committee,
means--
15 (a) in relation to a decision under
section 21I not to issue a
licence--the applicant for the
licence; or
(b) in relation to a decision in respect
20 of the period throughout which the
licence is to be in force under
section 21K--the licence holder;
or
(c) in relation to a decision to specify
25 a licence condition under section
21L(4)--the licence holder; or
(d) in relation to a decision to vary or
refuse to vary a licence under
section 21M--the licence holder;
30 or
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(e) in relation to a decision to suspend
or revoke a licence under
section 21N--the person who was
the licence holder immediately
5 before the suspension or
revocation.
21T. Review of decisions
(1) An eligible person may apply to the
Administrative Appeals Tribunal for review
10 of the following decisions of the NHMRC
Licensing Committee--
(a) a decision under section 21I not to issue
a licence;
(b) a decision in respect of the period
15 throughout which the licence is to be in
force under section 21K;
(c) a decision to specify a licence condition
under section 21L(4);
(d) a decision to vary or refuse to vary a
20 licence under section 21M;
(e) a decision to suspend or revoke a
licence under section 21N.
(2) This section has effect subject to the
Administrative Appeals Tribunal Act 1975
25 of the Commonwealth.
Division 7--Monitoring Powers
21U. Powers available to inspectors for
monitoring compliance
(1) For the purpose of finding out whether this
30 Part or the regulations made for the purposes
of this Part have been complied with, an
inspector may--
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(a) enter any premises; and
(b) exercise the monitoring powers set out
in section 21V.
(2) An inspector is not authorised to enter
5 premises under sub-section (1) unless--
(a) the occupier of the premises has
consented to the entry; or
(b) the premises are premises at which the
occupier of the premises is carrying out
10 activities authorised by a licence issued
under section 21I, and the entry is at a
reasonable time.
21V. Monitoring powers
(1) The monitoring powers that an inspector
15 may exercise under section 21U(1)(b) are as
follows--
(a) to search the premises and any thing on
the premises;
(b) to inspect, examine, take measurements
20 of, conduct tests on, or take samples of,
any human embryo or thing on the
premises that relates to this Part;
(c) to take photographs, make video or
audio recordings or make sketches of
25 the premises or any thing on the
premises;
(d) to inspect any book, record or
document on the premises;
(e) to take extracts from or make copies of
30 any such book, record or document;
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(f) to take onto the premises such
equipment and materials as the
inspector requires for the purpose of
exercising powers in relation to the
5 premises.
(2) For the purposes of this Part, monitoring
powers include the power to operate
equipment at premises to see whether--
(a) the equipment; or
10 (b) a disk, tape or other storage device
that--
(i) is at the premises; and
(ii) can be used with the equipment or
is associated with it--
15 contains information that is relevant to
determining whether there has been
compliance with this Part or the
regulations made for the purposes of
this Part.
20 (3) If the inspector, after operating equipment at
the premises, finds that the equipment, or
that a tape, disk or other storage device at the
premises, contains information mentioned in
sub-section (2), the inspector may--
25 (a) operate equipment or facilities at the
premises to put the information in
documentary form and copy the
document so produced; or
(b) if the information can be transferred to
30 a tape, disk or other storage device
that--
(i) is brought to the premises; or
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(ii) is at the premises and the use of
which has been agreed to in
writing by the occupier of the
premises--
5 operate the equipment or other facilities
to copy the information to the storage
device, and remove the storage device
from the premises.
21W. Power to secure
10 If an inspector, during a search of premises,
believes on reasonable grounds that there is
at the premises a human embryo or a thing
that may afford evidence of the commission
of an offence against this Part, the
15 monitoring powers include securing the
embryo or thing pending the obtaining of a
warrant (whether by the inspector or by
another person) to seize it.
21X. Inspector must produce identity card on
20 request
(1) An inspector is not entitled to exercise any
powers under this Part in relation to premises
if--
(a) the occupier of the premises has
25 required the inspector to produce his or
her identity card for inspection by the
occupier; and
(b) the inspector fails to comply with the
requirement.
30 (2) In this section "identity card" means
identity card issued under section 34(1) of
the Commonwealth Act.
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21Y. Consent
(1) Before obtaining the consent of a person for
the purposes of section 21U(2)(a), the
inspector must inform the person that he or
5 she may refuse consent.
(2) An entry of an inspector by virtue of the
consent of a person is not lawful unless the
person voluntarily consented to the entry.
21Z. Compensation for damage
10 (1) The owner of equipment or other facilities is
entitled to compensation for damage to the
equipment or other facilities if--
(a) the damage was caused to the
equipment or other facilities as a result
15 of it being operated by an inspector as
mentioned in this Part; and
(b) the damage was caused as a result of
insufficient care being exercised by the
inspector operating the equipment or
20 other facilities.
(2) Compensation is payable by the NHMRC
Licensing Committee.
(3) In determining the amount of compensation
payable, regard is to be had to whether the
25 occupier of the premises and their employees
and agents, if they were available at the time,
had provided any warning or guidance as to
the operation of the equipment or other
facilities that was appropriate in the
30 circumstances.'.
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8. New Division 5 inserted in Part 3
In Part 3 of the Principal Act, after Division 4
insert--
'Division 5--Application of Part
5 35A. Meaning of "research" in this Part
(1) In this Part, "research", in relation to an
excess ART embryo within the meaning of
Part 2A, does not include a use of the
embryo for which a licence is required under
10 that Part.
(2) Research comprised of a use of an excess
ART embryo within the meaning of Part 2A
for which a licence is required under that
Part may only be carried out in accordance
15 with that Part.'.
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PART 3--OFFENCES
9. New Part 4A inserted
After Part 4 of the Principal Act insert--
'PART 4A--PROHIBITED PRACTICES
5 Division 1--Human Cloning
38A. Offence--creating a human embryo clone
(1) A person commits an offence if the person
intentionally creates a human embryo clone.
(2) An offence against sub-section (1) is an
10 indictable offence punishable by
imprisonment for a term not exceeding
15 years.
38B. Offence--placing a human embryo clone in
the human body or the body of an animal
15 (1) 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.
(2) An offence against sub-section (1) is an
20 indictable offence punishable by
imprisonment for a term not exceeding
15 years.
38C. Offence--importing or exporting a human
embryo clone
25 (1) A person commits an offence if the person
intentionally imports a human embryo clone
into Victoria.
(2) A person commits an offence if the person
intentionally exports a human embryo clone
30 from Victoria.
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(3) An offence against sub-section (1) or (2) is
an indictable offence punishable by
imprisonment for a term not exceeding
15 years.
5 38D. No defence that human embryo clone could
not survive
It is not a defence to an offence under
section 38A, 38B or 38C that the human
embryo clone did not survive or could not
10 have survived.
Division 2--Other Prohibited Practices
38E. Offence--creating a human embryo other
than by fertilisation, or developing such an
embryo
15 (1) 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.
20 (2) An offence against sub-section (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
10 years.
38F. Offence--creating a human embryo for a
25 purpose other than achieving pregnancy in
a woman
(1) A person commits an offence if the person
intentionally creates a human embryo outside
the body of a woman, unless the person's
30 intention in creating the embryo is to attempt
to achieve pregnancy in a particular woman.
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(2) An offence against sub-section (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
10 years.
5 (3) Despite section 130(1) of the Magistrates'
Court Act 1989, a defendant does not bear a
burden of presenting or pointing to evidence
in accordance with that section in relation to
any matter in sub-section (1) of this section.
10 38G. Offence--creating or developing a human
embryo containing genetic material
provided by more than 2 persons
(1) A person commits an offence if the person
intentionally creates or develops a human
15 embryo containing genetic material provided
by more than 2 persons.
(2) An offence against sub-section (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
20 10 years.
38H. Offence--developing a human embryo
outside the body of a woman for more than
14 days
(1) A person commits an offence if the person
25 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.
(2) An offence against sub-section (1) is an
30 indictable offence punishable by
imprisonment for a term not exceeding
10 years.
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38I. Offence--using precursor cells from a
human embryo or a human foetus to create
a human embryo, or developing such an
embryo
5 (1) A person commits an offence if the person
uses precursor cells taken from a human
embryo or a human foetus, intending to
create a human embryo, or intentionally
develops an embryo so created.
10 (2) An offence against sub-section (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
10 years.
38J. Offence--heritable alterations to genome
15 (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
20 (b) in altering the genome, the person
intended the alteration to be heritable
by descendants of the human whose
cell was altered.
(2) In this section--
25 "human cell" includes a human embryonal
cell, a human foetal cell, human sperm
and a human egg.
(3) An offence against sub-section (1) is an
indictable offence punishable by
30 imprisonment for a term not exceeding
10 years.
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38K. Offence--collecting a viable human
embryo from the body of a woman
(1) A person commits an offence if the person
removes a human embryo from the body of a
5 woman, intending to collect a viable human
embryo.
(2) An offence against sub-section (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
10 10 years.
38L. Offence--creating a chimeric or hybrid
embryo
(1) A person commits an offence if the person
intentionally creates a chimeric embryo.
15 (2) A person commits an offence if the person
intentionally creates a hybrid embryo.
(3) An offence against sub-section (1) or (2) is
an indictable offence punishable by
imprisonment for a term not exceeding
20 10 years.
38M. Offence--placing of an embryo
(1) A person commits an offence if the person
intentionally places a human embryo in an
animal.
25 (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.
(3) A person commits an offence if the person
30 intentionally places an animal embryo in the
body of a human for any period of gestation.
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(4) An offence against sub-section (1), (2) or (3)
is an indictable offence punishable by
imprisonment for a term not exceeding
10 years.
5 38N. Offence--importing, exporting or placing a
prohibited embryo
(1) A person commits an offence if the person
intentionally imports an embryo into Victoria
knowing that, or reckless as to whether, the
10 embryo is a prohibited embryo.
(2) A person commits an offence if the person
intentionally exports an embryo from
Victoria knowing that, or reckless as to
whether, the embryo is a prohibited embryo.
15 (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.
(4) In this section--
20 "prohibited embryo" means--
(a) a human embryo created by a
process other than the fertilisation
of a human egg by human sperm;
or
25 (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
30 particular woman; or
(c) a human embryo that contains
genetic material provided by more
than 2 persons; or
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(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
5 when development is suspended;
or
(e) a human embryo using precursor
cells taken from a human embryo
or a human foetus; or
10 (f) a human embryo that contains a
human cell (within the meaning of
section 38J) whose genome has
been altered in such a way that the
alteration is heritable by human
15 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
20 collect a viable human embryo; or
(h) a chimeric embryo or a hybrid
embryo.
(5) An offence against sub-section (1), (2) or (3)
is an indictable offence punishable by
25 imprisonment for a term not exceeding
10 years.
38O. Offence--commercial trading in human
eggs, human sperm or human embryos
(1) A person commits an offence if the person
30 intentionally gives or offers valuable
consideration to another person for the
supply of a human egg, human sperm or a
human embryo.
(2) A person commits an offence if the person
35 intentionally receives, or offers to receive,
valuable consideration from another person
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for the supply of a human egg, human sperm
or a human embryo.
(3) In this section--
"reasonable expenses"--
5 (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
10 sperm; and
(b) in relation to the supply of a
human embryo--
(i) does not include any
expenses incurred by a
15 person before the time when
the embryo became an
excess ART embryo within
the meaning of Part 2A; and
(ii) includes, but is not limited
20 to, expenses relating to the
storage or transport of the
embryo;
"valuable consideration", in relation to the
supply of a human egg, human sperm
25 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
30 incurred by the person in connection
with the supply.
(4) An offence against sub-section (1) or (2) is
an indictable offence punishable by
imprisonment for a term not exceeding
35 10 years.'.
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10. Amendment of Part 5
(1) For the heading to Part 5 of the Principal Act
substitute--
"PART 5--OTHER MISCELLANEOUS
5 OFFENCES".
(2) Sections 39, 42, 44, 45, 46(1)(c) and (2), 47, 48,
49 and 57 of the Principal Act are repealed.
11. New section 38P inserted
In Division 1 of Part 5 of the Principal Act, after
10 the heading to the Division insert--
'38P. Application of Division
In this Division--
(a) "embryo" does not include an excess
ART embryo within the meaning of
15 Part 2A; and
(b) "research" does not include a use of
an excess ART embryo for which a
licence is required under that Part.'.
12. New section 50A inserted
20 In Division 2 of Part 5 of the Principal Act, before
section 51 insert--
'50A. Application of Division
In this Division--
(a) "embryo" does not include an excess
25 ART embryo within the meaning of
Part 2A; and
(b) "research" does not include a use of
an excess ART embryo for which a
licence is required under that Part.'.
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Part 4--Miscellaneous
s. 13
PART 4--MISCELLANEOUS
13. Register to be kept for licensed centre
In section 62(2) of the Principal Act, after
paragraph (b) insert--
5 "(ba) any human embryo that becomes an excess
ART embryo within the meaning of
Part 2A;".
14. New section 104A inserted
In Division 5 of Part 8 of the Principal Act, before
10 section 105 insert--
'104A. Application of Part
In this Part--
(a) "embryo" does not include an excess
ART embryo within the meaning of
15 Part 2A; and
(b) "research" does not include a use of
an excess ART embryo for which a
licence is required under that Part.'.
15. New section 110A inserted
20 After section 110 of the Principal Act insert--
"110A. Formation of embryos
(1) A person who is not a doctor or scientist who
has been approved under this Part for the
purpose of forming embryos outside the
25 body of a woman must not knowingly or
recklessly form or attempt to form an
embryo outside the body of a woman.
Penalty: 480 penalty units or 4 years
imprisonment or both.
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(2) A person must not knowingly or recklessly
form or attempt to form an embryo outside
the body of a woman, except at a place
licensed for the purpose under this Part.
5 Penalty: 480 penalty units or 4 years
imprisonment or both.".
16. Infertility Treatment Authority
(1) In section 122(1)(b) of the Principal Act--
(a) for "this Act" (where first occurring)
10 substitute "Part 8";
(b) for "this Act" (where secondly occurring)
substitute "that Part or section 56".
(2) In section 122(1)(f)(i) of the Principal Act, after
"Act" insert ", other than Part 2A".
15 (3) In section 122(2)(b) of the Principal Act, for "this
Act" substitute "Part 8 or section 56".
(4) In section 122 of the Principal Act, after sub-
section (4) insert--
'(5) In this section "embryos" does not include
20 excess ART embryos within the meaning of
Part 2A.'.
(5) In section 137 of the Principal Act, after sub-
section (1) insert--
'(1A) In sub-section (1)--
25 (a) "embryos" does not include excess
ART embryos within the meaning of
Part 2A; and
(b) "research" does not include a use of
an excess ART embryo for which a
30 licence is required under that Part.'.
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17. Search warrants
In section 162(1) and (3)(a) of the Principal Act,
for "this Act or the regulations" substitute "this
Act (other than Part 2A) or the regulations (other
5 than the regulations made for the purposes of
Part 2A)".
18. Indictable offences
(1) In section 163(1) of the Principal Act--
(a) omit "39, 45, 47, 49,";
10 (b) for "or 54" substitute ", 54 or 110A".
(2) In section 163 of the Principal Act, after sub-
section (2) insert--
"(3) Offences that are indictable offences by
force of this section are additional to any
15 other offence that is expressed by this Act as
being an indictable offence.".
19. Amendment of heading to Part 14
In the heading to Part 14 of the Principal Act, for
"REPEALS, AMENDMENTS" substitute
20 "REVIEW".
20. New Division 1 substituted in Part 14
For Division 1 of Part 14 of the Principal Act
substitute--
"Division 1--Review of Parts 2A and 4A
25 166. Review of operation of Parts 2A and 4A
(1) The NHMRC must cause an independent
review of the operation of--
(a) Part 2A to be undertaken as soon as
possible after the second anniversary of
30 the day on which the Commonwealth
Act received the Royal Assent; and
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(b) Part 4A to be undertaken as soon as
possible after the second anniversary of
the day on which the Prohibition of
Human Cloning Act 2002 of the
5 Commonwealth received the Royal
Assent.
(2) The review is to be undertaken by persons
chosen by the NHMRC, with the agreement
of the Minister.
10 (3) The persons undertaking the review must
give the Minister a written report of the
review before the third anniversary of the
day on which the relevant Commonwealth
Act received the Royal Assent.
15 (4) The persons undertaking the review must
consider and report on the scope and
operation of Parts 2A and 4A taking into
account the following--
(a) developments in technology in relation
20 to assisted reproductive technology;
(b) developments in medical research and
scientific research and the potential
therapeutic applications of such
research;
25 (c) community standards.
(5) The report must contain recommendations
about amendments (if any) that should be
made to this Act, having regard to the
matters mentioned in sub-section (4).
30 (6) The persons undertaking the review must
consult--
(a) the State and the Commonwealth; and
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(b) a broad range of persons with expertise
in or experience of relevant
disciplines--
and the views of the State, the
5 Commonwealth and the persons mentioned
in paragraph (b) must be set out in the report
to the extent that it is reasonably practicable
to do so.".
21. New Division 3 inserted in Part 14
10 After Division 2 of Part 14 of the Principal Act
insert--
'Division 3--Savings and Transitional
Provisions (2002 Act)
200. Definition
15 In this Division, "the amending Act"
means the Health Legislation (Research
Involving Embryos and Prohibition of
Human Cloning) Act 2002.
201. Status of certain licences and approvals
20 A licence or approval under Part 8, that is in
force immediately before the commencement
of section 7 of the amending Act, ceases to
have effect by force of this sub-section on
and from that commencement to the extent to
25 which it relates to a use of an excess ART
embryo within the meaning of Part 2A for
which a licence is required under that Part.
202. Regulations
The regulations may contain provisions of a
30 savings or transitional nature consequent
to--
(a) the coming into operation of any
provision of the amending Act;
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(b) the repeal of any provision of this Act
by the amending Act;
(c) the coming into operation of a
regulation under this Act as amended
5 by any provision of the amending Act.
203. General transitional provision
(1) Subject to sub-section (2), this Division does
not affect or take away from the operation of
the Interpretation of Legislation Act 1984.
10 (2) If a provision of this Division, or a regulation
made under this Division, is inconsistent
with a provision of the Interpretation of
Legislation Act 1984, the provision of this
Division or the regulation (as the case
15 requires) prevails.'.
22. Consequential amendments
(1) In Part 2 of the Principal Act--
(a) insert the following heading to section 12--
"Donation of gametes or embryos";
20 (b) in section 12(3) and (4)--
(i) for "A zygote or embryo" substitute
"An embryo";
(ii) for "the zygote or embryo" (wherever
occurring) substitute "the embryo";
25 (iii) for "a zygote or embryo" (wherever
occurring) substitute "an embryo";
(c) in section 12(5)--
(i) for "A zygote or embryo" substitute
"An embryo";
30 (ii) for "the zygote or embryo" substitute
"the embryo";
(d) in section 13(1), omit ", zygote,";
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(e) in section 13(4), omit "zygote or";
(f) in section 14(1)(b) and (2), omit ", zygote";
(g) in section 14(4)--
(i) for "a zygote or embryo" substitute
5 "an embryo";
(ii) for "the zygote or embryo" substitute
"the embryo";
(h) in section 15(1), (2) and (4), omit ", zygote"
(wherever occurring);
10 (i) in section 17(a), omit ", zygotes";
(j) in section 18(1)--
(i) omit ", a zygote";
(ii) in paragraph (c), omit ", zygotes";
(k) in section 19(1)(b), omit ", zygote";
15 (l) in section 19(3)--
(i) omit "a zygote or";
(ii) omit "zygote or";
(m) in section 20(1), (2) and (3)--
(i) for "a zygote or embryo" substitute
20 "an embryo";
(ii) omit "a zygote or" (where secondly and
thirdly occurring).
(2) In Part 3 of the Principal Act--
(a) in section 22(1), for paragraphs (a) and (b)
25 substitute--
"(a) carry out research, outside the body of a
woman, involving the formation or use
of an oocyte in the process of
fertilisation; or
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(b) carry out research, outside the body of a
woman, involving an embryo--";
(b) section 22(2) is repealed;
(c) in section 22(3), omit "or (2)";
5 (d) insert the following heading to section 24--
"Ban on destructive research on non-
excess ART embryos";
(e) insert the following heading to section 25--
"Authority must not approve destructive
10 research on non-excess ART embryos";
(f) insert the following heading to section 26--
"Authority must not approve certain
research on oocytes in the process of
fertilisation";
15 (g) in section 26--
(i) for "a zygote" substitute "an oocyte in
the process of fertilisation";
(ii) for "zygote continue to develop to
syngamy" substitute "oocyte continue
20 to develop into a human embryo";
(h) for the heading to Division 2 substitute
"Division 2--Preliminary Requirements
for Research Involving Embryos";
(i) insert the following heading to section 27--
25 "Consent to research involving embryos";
(j) in section 27--
(i) sub-section (1) is repealed;
(ii) in sub-section (2)--
(A) omit "a zygote or";
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(B) in paragraph (a), omit "zygote or";
(C) paragraph (b) is repealed;
(D) in paragraph (c), omit "zygote or"
(where twice occurring);
5 (k) in section 28(1), omit ", zygote";
(l) in section 29(1), omit ", zygote" (where
twice occurring);
(m) in section 30, omit ", zygote" (wherever
occurring);
10 (n) in section 32(1)(a), omit ", zygotes";
(o) in the heading to Division 3, omit "involving
parthenogenesis";
(p) in section 33(1)(f), omit "or to a
parthenogenetic oocyte or parthenogene,".
15 (3) In Part 4 of the Principal Act--
(a) in section 37(3)(b), omit ", zygote";
(b) in section 38(2), omit "donor zygote or".
(4) In Part 5 of the Principal Act--
(a) insert the following heading to section 40--
20 "Transfer of gametes or embryos used for
research";
(b) in section 40(1)--
(i) in paragraph (a), omit "or zygote";
(ii) in paragraph (b), omit "zygote or";
25 (iii) paragraph (c) is repealed;
(c) in section 41(b), omit "a zygote or";
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(d) in section 43--
(i) in paragraph (b), for "dead; or"
substitute "dead.";
(ii) paragraphs (d) and (e) are repealed;
5 (e) insert the following heading to section 46--
"Ban on certain procedures";
(f) in section 46(1)(b)--
(i) omit "zygote or" (where twice
occurring);
10 (ii) for "people; or" substitute "people.";
(g) in section 50(1)(a), omit ", zygote";
(h) insert the following heading to section 52--
"Storing embryos";
(i) in section 52(1), omit "a zygote or";
15 (j) in section 52(2), for paragraph (a)
substitute--
"(a) it is intended to transfer the embryo to
the body of a woman in a treatment
procedure in accordance with this Act;
20 and";
(k) in section 52(2)(b)--
(i) omit "zygote or";
(ii) omit "use or";
(l) in section 52(3)(b), omit "zygote or";
25 (m) in section 52(4) and (5), for "a zygote or
embryo" substitute "an embryo";
(n) insert the following heading to section 53--
"Removal of embryos from storage";
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(o) in section 53(1)--
(i) omit "a zygote or" (where twice
occurring);
(ii) in paragraphs (c) and (d), omit "zygote
5 or";
(p) in section 53(2)--
(i) for "a zygote or embryo" substitute "an
embryo";
(ii) for "the zygote or embryo" substitute
10 "the embryo";
(q) in section 54--
(i) in paragraph (a), for "a zygote or
embryo" substitute "an embryo";
(ii) in paragraph (c), omit "a zygote or";
15 (r) insert the following heading to section 55--
"Ban on use of gametes or embryos not
stored at licensed centre";
(s) in section 55--
(i) omit ", zygote" (wherever occurring);
20 (ii) in paragraph (b), for "zygote or gamete;
or" substitute "gamete.";
(iii) paragraph (c) is repealed;
(t) insert the following heading to section 56--
"Import or export of gametes and
25 embryos";
(u) in section 56--
(i) in sub-section (1), omit ", zygote"
(where twice occurring);
(ii) in sub-section (2), omit ", zygote";
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(iii) in sub-sections (4) and (5), omit
", zygote" (wherever occurring);
(iv) in sub-section (5), omit "49(1)
and (2),".
5 (5) In Part 7 of the Principal Act--
(a) in section 62--
(i) omit ", zygotes" (wherever occurring);
(ii) in paragraph (c), for "a zygote or
embryo" substitute "an embryo";
10 (iii) in paragraph (f), omit ", zygote";
(b) in sections 71(1) and 72(1), for "a zygote or
embryo" substitute "an embryo";
(c) in section 73(1), omit "or a zygote";
(d) in section 73(5)--
15 (i) for "a zygote or embryo" substitute
"an embryo";
(ii) omit ", zygote";
(e) in sections 74(1) and 76(1), omit "a zygote
or";
20 (f) in section 79(1), for "a zygote or embryo"
substitute "an embryo".
(6) In Part 7A of the Principal Act, in section 92A, in
the definition of "pre-1 July 1988 donor", omit
", zygote".
25 (7) In Part 8 of the Principal Act--
(a) in sections 93(f) and 94(e), omit ", zygotes";
(b) in section 106(2)(a), omit "and zygotes";
(c) in section 116(1)(c), omit ", zygotes" (where
twice occurring);
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(d) in section 116(2)(b), for ", zygotes, embryos,
parthenogenetic oocytes or parthenogenes"
substitute "or embryos".
(8) In Part 9 of the Principal Act--
5 (a) in section 122(1), in paragraphs (d) and (i),
omit ", zygotes";
(b) in section 137(1)--
(i) in paragraph (a), for ", gametes and
zygotes" substitute "and gametes";
10 (ii) in paragraph (b)(v), omit "and
zygotes".
(9) In Part 12 of the Principal Act--
(a) in section 152(1), omit ", zygotes";
(b) in section 154(1), for ", zygote, embryo,
15 parthenogenetic oocyte or parthenogene"
(where twice occurring) substitute "or
embryo";
(c) in section 162(2), (3)(b) and (7), for
", zygote, embryo, parthenogenetic oocyte or
20 parthenogene" (wherever occurring)
substitute "or embryo";
(d) in section 162(7), for ", zygote, embryo,
parthenogene or parthenogenetic oocyte"
substitute "or embryo".
25 (10) In Part 13 of the Principal Act, in section
165(1)--
(a) in paragraph (l), omit "zygotes or";
(b) in paragraph (p)(i) and (ii), for ", zygote,
embryo, parthenogenetic oocyte or
30 parthenogene" substitute "or embryo";
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(c) in paragraph (p)(iv), for ", zygote, embryo,
parthenogenetic embryo or parthenogene"
substitute "or embryo";
(d) paragraph (q) is repealed.
5 23. Repeal of certain provisions
Sections 21I(3)(b) and 21L(1)(c) and (3) are
repealed on the day on which the provisions of
the Commonwealth Act referred to in section 46
of that Act are repealed.
10 Note: The Commonwealth provisions are to be repealed on
5 April 2005 or an earlier date declared by the
Council of Australian Governments.
24. Consequential amendment of Gene Technology Act
2001
15 Sections 192B, 192C and 192D of the Gene
Technology Act 2001 are repealed.
25. Consequential amendments of other Acts
(1) In sections 38(3) and 39(1A) of the Human
Tissue Act 1982, for "an amount to which section
20 57(3) of the Infertility Treatment Act 1995
applies" substitute "reasonable expenses of a kind
referred to in section 38O(3) of the Infertility
Treatment Act 1995".
(2) In section 10A(3) of the Status of Children Act
25 1974, in the definitions of "embryo" and
"syngamy", after "1995" insert ", as in force
immediately before the commencement of section
5(2)(a) of the Health Legislation (Research
Involving Embryos and Prohibition of Human
30 Cloning) Act 2002".
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(3) In section 10A of the Status of Children Act
1974, at the foot of sub-section (3) insert--
'Note: The Infertility Treatment Act 1995 defined
"embryo" and "syngamy" as follows--
5 "embryo" means any stage of human embryonic
development at and from syngamy;
"syngamy" means that stage of development of a
fertilised oocyte where the chromosomes
derived from the male and female pronuclei
10 align on the mitotic spindle.'.
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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