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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Infertility Treatment Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Definition 2
5 Amendment of heading to Part 2A 3
6 Definitions for Part 2A 3
7 New sections 21CA and 21CB inserted 5
21CA Offence--use of other embryos 5
21CB Offence--certain activities involving use of human eggs 6
8 Use of embryo that was created by fertilisation and is not an
excess ART embryo 7
9 Insertion of new section 21EA in Division 2 of Part 2A 7
21EA Person not liable for conduct purportedly authorised 7
10 Application for licence 8
11 Determination of application by Committee 9
12 Conditions of licence 9
13 NHMRC Licensing Committee to make certain information
publicly available 11
14 Definitions for Division 6 of Part 2A 11
15 Review of decisions 11
16 Powers available to inspectors for monitoring compliance 11
17 Monitoring powers 12
18 Power to secure 12
19 New sections 21WA to 21WD inserted 12
21WA Monitoring warrants 12
21WB Details of warrant to be given to occupier etc. 14
21WC Announcement before entry 14
21WD Occupier entitled to be present during search 14
20 New section 21ZA inserted in Division 7 of Part 2A 15
21ZA Extended operation of Division 15
21 Replacement of heading to Part 4A 15
22 Replacement of heading to Division 1 of Part 4A 15
23 Repeal of section 38A 15
24 No defence that human embryo clone could not survive 15
25 Repeal of heading to Division 2 of Part 4A 16
26 Repeal of section 38E 16
561026B.I-14/3/2007 i BILL LA INTRODUCTION 14/3/2007
Clause Page
27 Offence of creating a human embryo for a purpose other than
achieving pregnancy in a woman 16
28 Offence of creating or developing a human embryo by
fertilisation that contains genetic material provided by more
than 2 persons 16
29 Increase in penalty for offence for developing a human embryo
outside the body of a woman for more than 14 days 17
30 Repeal of section 38I 17
31 Increase in penalty for offence for heritable alterations to
genome 17
32 Increase in penalty for offence for collecting a viable human
embryo from the body of a woman 17
33 Increase in penalty for offence for creating a chimeric embryo 17
34 Insertion of new section 38LA 17
38LA Offence--developing a hybrid embryo 17
35 Increase in penalty for offence for placing of an embryo 18
36 Increase in penalty for offence for importing, exporting or
placing a prohibited embryo 18
37 Increase in penalty for offence for commercial trading in human
eggs, human sperm or human embryos 18
38 Insertion of new Division 2 in Part 4A 18
Division 2--Practices that are prohibited unless authorised
by a licence 18
38OA Offence--creating a human embryo other than by
fertilisation, or developing such an embryo 18
38OB Offence--creating or developing a human embryo
containing genetic material provided by more than
2 persons 19
38OC Offence--using precursor cells from a human embryo
or a human fetus to create a human embryo, or
developing such an embryo 20
38OD Offence--creating a hybrid embryo 20
39 Search warrants 21
40 Insertion of new Division 4 in Part 14 21
Division 4--Savings and transitional provisions (2007 Act) 21
204 Definition 21
205 Existing applications for licences 22
206 Existing licences 22
207 Offences 22
41 Repeal of Act 22
ENDNOTES 23
561026B.I-14/3/2007 ii BILL LA INTRODUCTION 14/3/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Infertility Treatment Amendment Bill
2007
A Bill for an Act to amend the Infertility Treatment Act 1995 to
allow human cloning under licence for research purposes while
retaining the existing prohibition on human cloning for reproduction
and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Infertility Treatment Act 1995 to modify the
existing regulatory framework to allow the use of
5 somatic cell nuclear transfer in stem cell research,
while retaining the existing prohibition on human
cloning for reproduction.
2 Commencement
This Act comes into operation on 12 June 2007.
561026B.I-14/3/2007 1 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 3
3 Principal Act
In this Act, the Infertility Treatment Act 1995 is
called the Principal Act.
See: 4 Definition
Act No.
63/1995.
5 Reprint No 2
(1) For the definition of human embryo in section
as at 3(1) of the Principal Act substitute--
16 October
2003 and "human embryo means a discrete entity that has
amending
Act Nos arisen from either--
108/2004,
10/2005, (a) the first mitotic division when
10 97/2005, fertilisation of a human oocyte by a
24/2006,
45/2006 and human sperm is complete; or
80/2006.
Law Today (b) any other process that initiates
www.
legislation.
organised development of a biological
vic.gov.au entity with a human nuclear genome or
15 altered human nuclear genome that has
the potential to develop up to, or
beyond, the stage at which the primitive
streak appears--
and has not yet reached 8 weeks of
20 development since the first mitotic
division;".
(2) After section 3(1D) of the Principal Act insert--
"(1E) A reference in this Act to an embryo
(including a human embryo) is a reference to
25 a living embryo.
(1F) A reference in this Act to a human egg is a
reference to a human oocyte.
(1G) A reference in this Act to a human embryo
does not include a reference to--
30 (a) a hybrid embryo; or
(b) a human embryonic stem cell line.".
561026B.I-14/3/2007 2 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 5
5 Amendment of heading to Part 2A
In the heading to Part 2A of the Principal Act after
"EMBRYOS" insert ", OTHER EMBRYOS
AND HUMAN EGGS".
5 6 Definitions for Part 2A
In section 21A of the Principal Act--
(a) for the definition of proper consent
substitute--
"proper consent, in relation to the use of an
10 excess ART embryo or a human egg, or
the creation or use of any other embryo,
means consent obtained in accordance
with guidelines issued by the Chief
Executive Officer of the NHMRC
15 under the National Health and Medical
Research Council Act 1992 of the
Commonwealth and prescribed by the
regulations under the Commonwealth
Act for the purposes of the definition of
20 proper consent in section 8 of that
Act;";
(b) in the definition of responsible person--
(i) omit ", in relation to an excess ART
embryo,";
25 (ii) for paragraph (a) substitute--
"(a) in relation to an excess ART
embryo--
(i) each person who provided
the egg or sperm from which
30 the embryo was created;
and";
(iii) for "(b)" (where first occurring)
substitute "(ii)";
(iv) for "(c)" substitute "(iii)";
561026B.I-14/3/2007 3 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 5
(v) for "paragraph (a)" substitute
"subparagraph (i)";
(vi) for "(d)" substitute "(iv)";
(vii) for "paragraph (b)" substitute
5 "subparagraph (ii)";
(vii) for "the time the embryo was created."
substitute the following--
"the time the embryo was created; or
(b) in relation to an embryo other than
10 an excess ART embryo--each
person whose reproductive
material, genetic material or cell
was used, or is proposed to be
used, in the creation or use of the
15 embryo; or
(c) in relation to a human egg--the
woman who was the biological
donor of the egg;".
(c) insert the following definitions--
20 "unsuitable for implantation, in relation to a
human embryo, means a human embryo
that--
(a) is diagnosed by pre-implantation
genetic diagnosis as unsuitable for
25 implantation, in accordance with
the Ethical Guidelines on the Use
of Assisted Reproductive
Technology in Clinical Practice
and Research (2004), issued by
30 the Chief Executive Officer of the
NHMRC; or
561026B.I-14/3/2007 4 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 7
(b) is determined to be unsuitable for
implantation in the body of a
woman, in accordance with
objective criteria specified in
5 guidelines issued by the Chief
Executive Officer of the NHMRC
under the National Health and
Medical Research Council Act
1992 of the Commonwealth and
10 prescribed by the regulations
under the Commonwealth Act for
the purposes of paragraph (b) of
the definition of unsuitable for
implantation in section 7(1) of that
15 Act;
use includes develop, or development, as the
case requires;".
7 New sections 21CA and 21CB inserted
After section 21C of the Principal Act insert--
20 "21CA Offence--use of other embryos
(1) A person commits an offence if--
(a) the person intentionally uses an
embryo; and
(b) the embryo is--
25 (i) a human embryo created by a
process other than the fertilisation
of a human egg by a human
sperm; or
(ii) a human embryo created by a
30 process other than the fertilisation
of a human egg by a human sperm
that contains genetic material
provided by more than 2 persons;
or
561026B.I-14/3/2007 5 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 7
(iii) a human embryo created using
precursor cells taken from a
human embryo or a human fetus;
or
5 (iv) a hybrid embryo; and
(c) the use by the person is not authorised
by a licence.
(2) An offence against subsection (1) is an
indictable offence punishable by
10 imprisonment for a term not exceeding
5 years.
Note
The creation or development of embryos mentioned in
this section is prohibited under Part 4A, unless
15 authorised by a licence.
21CB Offence--certain activities involving use
of human eggs
(1) A person commits an offence if--
(a) the person undertakes research or
20 training involving the fertilisation of a
human egg by a human sperm up to,
but not including, the first mitotic
division, outside the body of a woman
for the purposes of research or training
25 in ART; and
(b) the person is not authorised by a licence
to undertake the research or training.
(2) An offence against subsection (1) is an
indictable offence punishable by
30 imprisonment for a term not exceeding
5 years.".
561026B.I-14/3/2007 6 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 8
8 Use of embryo that was created by fertilisation and
is not an excess ART embryo
(1) In the heading to section 21D of the Principal Act
after "embryo" (where first occurring) insert
5 "that was created by fertilisation and".
(2) For section 21D(1)(a) of the Principal Act
substitute--
"(a) the person intentionally uses, outside the
body of a woman, a human embryo--
10 (i) that was created by fertilisation of a
human egg by a human sperm; and
(ii) that is not an excess ART embryo;
and".
9 Insertion of new section 21EA in Division 2 of
15 Part 2A
In Division 2 of Part 2A of the Principal Act after
section 21E insert--
"21EA Person not liable for conduct purportedly
authorised
20 (1) To avoid doubt, a person is not criminally
responsible for an offence against this
Division in respect of particular conduct if--
(a) the conduct by the person is
purportedly authorised by a provision
25 of a licence; and
(b) the licence or the provision is invalid,
whether because of a technical defect or
irregularity or for any other reason; and
(c) the person did not know, and could not
30 reasonably be expected to have known,
of the invalidity of the licence or the
provision.
561026B.I-14/3/2007 7 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 10
(2) In this section--
licence includes a purported licence.".
10 Application for licence
For section 21H(1) of the Principal Act
5 substitute--
"(1) A person may apply to the NHMRC
Licensing Committee for a licence
authorising one or more of the following--
(a) use of excess ART embryos;
10 (b) creation of human embryos other than
by fertilisation of a human egg by a
human sperm, and use of such
embryos;
(c) creation of human embryos other than
15 by fertilisation of a human egg by a
human sperm that contain genetic
material provided by more than
2 persons, and use of such embryos;
(d) creation of human embryos using
20 precursor cells from a human embryo
or a human fetus, and use of such
embryos;
(e) research and training involving the
fertilisation of a human egg by a human
25 sperm up to, but not including, the first
mitotic division, outside the body of a
woman for the purposes of research or
training in ART;
(f) creation of hybrid embryos by the
30 fertilisation of an animal egg by a
human sperm, and use of such embryos
up to, but not including, the first mitotic
division, if--
561026B.I-14/3/2007 8 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 11
(i) the creation or use is for the
purposes of testing sperm quality;
and
(ii) the creation or use will occur in an
5 accredited ART centre.
(1A) To avoid doubt, subsection (1)(a), (b), (c)
and (d) do not permit the NHMRC Licensing
Committee to authorise any use of an excess
ART embryo or other embryo that would
10 result in the development of the embryo for a
period of more than 14 days, excluding any
period when development is suspended.".
11 Determination of application by Committee
(1) In section 21I(3)(a)(i) of the Principal Act for "is
15 used" substitute "or human egg is used, or other
embryo is created or used".
(2) In section 21I(4)(a) of the Principal Act after
"excess ART embryos" insert ", other embryos or
human eggs".
20 (3) In section 21I(4)(b) of the Principal Act, after
"excess ART embryos" insert "or human eggs, or
the creation or use of other embryos,".
12 Conditions of licence
(1) In section 21L(1) of the Principal Act for "is used"
25 substitute "or human egg is used, or any other
embryo is created or used,".
(2) In section 21L(1)(a) of the Principal Act after
"excess ART embryo" insert ", human egg or
other embryo".
30 (3) In section 21L(2) of the Principal Act after
"excess ART embryo" insert "or human egg, or
the creation or use of any other embryo,".
561026B.I-14/3/2007 9 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 12
(4) In section 21L(5)(a) and (e) and (6) of the
Principal Act after "excess ART embryos"
(wherever occurring) insert "or human eggs, or to
create or use other embryos".
5 (5) For section 21L(5)(b) of the Principal Act
substitute--
"(b) the number of excess ART embryos or
human eggs authorised to be used under the
licence, or the number of other embryos
10 authorised to be created or used under the
licence;".
(6) In section 21L(7)(b) of the Principal Act after
"excess ART embryos" insert "or human eggs, or
to create or use other embryos,".
15 (7) After section 21L(7) of the Principal Act insert--
"(8) For the purposes of applying the condition
referred to in subsection (1)(a)--
(a) a licence may provide that the
guidelines referred to in the definition
20 of proper consent apply in a modified
form in relation to the use, under the
licence, of excess ART embryos that
are unsuitable for implantation; and
(b) if a licence so provides, the guidelines
25 as modified by the licence have effect
in relation to the giving of consent for
such creation or use.
Example
The guidelines could apply to a particular
30 licence in a modified form, to alter the cooling-
off period required in relation to the use of
excess ART embryos that are unsuitable for
implantation.".
561026B.I-14/3/2007 10 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 13
13 NHMRC Licensing Committee to make certain
information publicly available
(1) In section 21Q(1)(b) of the Principal Act after
"excess ART embryos" insert "or human eggs,
5 and creations or uses of any other embryos,".
(2) For section 21Q(1)(d) of the Principal Act
substitute--
"(d) the number of excess ART embryos or
human eggs authorised to be used under the
10 licence, or the number of other embryos
authorised to be created or used under the
licence;".
14 Definitions for Division 6 of Part 2A
In section 21S of the Principal Act after paragraph
15 (c) of the definition of eligible person insert--
"(ca) in relation to a decision to modify guidelines
under section 21L(8) in respect of a
licence--the licence holder; or".
15 Review of decisions
20 After section 21T(1)(c) of the Principal Act
insert--
"(ca) a decision to modify guidelines under section
21L(8) in respect of a licence;".
16 Powers available to inspectors for monitoring
25 compliance
(1) In section 21U(2)(b) of the Principal Act for
"time." substitute "time; or".
(2) After section 21U(2)(b) of the Principal Act
insert--
30 "(c) the entry is made under a warrant under
section 21WA.".
561026B.I-14/3/2007 11 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 17
17 Monitoring powers
(1) In section 21V(1)(b) of the Principal Act after
"human embryo" insert ", other embryo, human
egg".
5 (2) In section 21V(1)(f) of the Principal Act for
"premises." substitute "premises;".
(3) After section 21V(1)(f) of the Principal Act
insert--
"(g) in addition to the powers mentioned in
10 paragraphs (a) to (f), if the inspector was
authorised to enter the premises by a warrant
under section 21WA--to require any person
in or on the premises to--
(i) answer any questions put by the
15 inspector; and
(ii) produce any book, record or document
requested by the inspector.".
18 Power to secure
(1) In section 21W of the Principal Act after "human
20 embryo" insert ", another embryo, a human egg".
(2) In section 21W of the Principal Act after "the
embryo" insert ", the egg".
19 New sections 21WA to 21WD inserted
After section 21W of the Principal Act insert--
25 "21WA Monitoring warrants
(1) An inspector may apply to a magistrate for
the issue of a warrant under this section in
relation to premises.
(2) Subject to subsection (3), the magistrate may
30 issue the warrant if the magistrate is satisfied
by evidence on oath, whether oral or by
affadavit, that it is reasonably necessary that
one or more inspectors should have access to
561026B.I-14/3/2007 12 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 19
the premises for the purposes of finding out
whether this Part or the regulations made for
the purposes of this Part have been complied
with.
5 (3) The magistrate must not issue the warrant
unless the inspector or some other person has
given to the magistrate, either orally or by
affidavit, such further information (if any) as
the magistrate requires concerning the
10 grounds on which the issue of the warrant is
being sought.
(4) The warrant must--
(a) authorise one or more inspectors
(whether or not named in the warrant)
15 with such assistance and by such force
as is necessary and reasonable--
(i) to enter the premises; and
(ii) to exercise the powers set out in
section 21V in relation to the
20 premises; and
(b) state whether the entry is authorised to
be made at any time of the day or night
or during specified hours of the day or
night; and
25 (c) specify the day (not more than 15 days
after the issue of the warrant) on which
the warrant ceases to have effect; and
(d) state the purpose for which the warrant
is issued.
30 (5) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants under this
section.
561026B.I-14/3/2007 13 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 19
21WB Details of warrant to be given to occupier
etc.
(1) If a warrant under section 21WA is being
executed and the occupier of the premises, or
5 another person who apparently represents the
occupier, is present at the premises, the
inspector must make available to that person
a copy of the warrant.
(2) The inspector must identify himself or
10 herself to that person.
(3) The copy of the warrant referred to in
subsection (1) need not include the signature
of the magistrate who issued the warrant.
21WC Announcement before entry
15 An inspector must, before entering premises
under a warrant--
(a) announce that he or she is authorised to
enter the premises; and
(b) give any person at the premises an
20 opportunity to allow entry to the
premises.
21WD Occupier entitled to be present during
search
(1) If a warrant under section 21WA is being
25 executed and the occupier of the premises, or
another person who apparently represents the
occupier, is present at the premises, the
person is entitled to observe the search being
conducted.
30 (2) The right to observe the search being
conducted ceases if the person impedes the
search.
561026B.I-14/3/2007 14 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 20
(3) This section does not prevent 2 or more areas
of the premises being searched at the same
time.".
20 New section 21ZA inserted in Division 7 of Part 2A
5 In Division 7 of Part 2A of the Principal Act after
section 21Z insert--
"21ZA Extended operation of Division
A reference in this Division to this Part
includes a reference to Part 4A, and a
10 reference in this Division to regulations
made for the purposes of this Part includes a
reference to regulations made for the
purposes of Part 4A.".
21 Replacement of heading to Part 4A
15 For the heading to Part 4A of the Principal Act
substitute--
"PART 4A--PROHIBITED PRACTICES
INCLUDING PROHIBITION ON HUMAN
CLONING FOR REPRODUCTION".
20 22 Replacement of heading to Division 1 of Part 4A
For the heading to Division 1 of Part 4A of the
Principal Act substitute--
"Division 1--Practices that are completely
prohibited".
25 23 Repeal of section 38A
Section 38A of the Principal Act is repealed.
24 No defence that human embryo clone could not
survive
In section 38D of the Principal Act omit "38A,".
561026B.I-14/3/2007 15 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 25
25 Repeal of heading to Division 2 of Part 4A
The heading to Division 2 of Part 4A of the
Principal Act is repealed.
26 Repeal of section 38E
5 Section 38E of the Principal Act is repealed.
27 Offence of creating a human embryo for a purpose
other than achieving pregnancy in a woman
(1) In section 38F(1) of the Principal Act after
"human embryo" insert "by a process of the
10 fertilisation of a human egg by a human sperm".
(2) In section 38F(2) of the Principal Act for
"10 years" substitute "15 years".
28 Offence of creating or developing a human embryo
by fertilisation that contains genetic material
15 provided by more than 2 persons
(1) In the heading to section 38G of the Principal Act
for "containing" substitute "by fertilisation that
contains".
(2) For section 38G(1) of the Principal Act
20 substitute--
"(1) 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
25 human sperm outside the body of a
woman; and
(b) the human embryo contains genetic
material provided by more than
2 persons.".
30 (3) In section 38G(2) of the Principal Act for
"10 years" substitute "15 years".
561026B.I-14/3/2007 16 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 29
29 Increase in penalty for offence for developing a
human embryo outside the body of a woman for
more than 14 days
In section 38H(2) of the Principal Act for
5 "10 years" substitute "15 years".
30 Repeal of section 38I
Section 38I of the Principal Act is repealed.
31 Increase in penalty for offence for heritable
alterations to genome
10 In section 38J(3) of the Principal Act for
"10 years" substitute "15 years".
32 Increase in penalty for offence for collecting a viable
human embryo from the body of a woman
In section 38K(2) of the Principal Act for
15 "10 years" substitute "15 years".
33 Increase in penalty for offence for creating a
chimeric embryo
For section 38L(2) and (3) of the Principal Act
substitute--
20 "(2) An offence against subsection (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
15 years.".
34 Insertion of new section 38LA
25 After section 38L of the Principal Act insert--
"38LA Offence--developing a hybrid embryo
(1) A person commits an offence if the person
intentionally develops a hybrid embryo for a
period of more than 14 days, excluding any
30 period when development is suspended.
561026B.I-14/3/2007 17 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 35
(2) An offence against subsection (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
15 years.".
5 35 Increase in penalty for offence for placing of an
embryo
In section 38M(4) of the Principal Act for
"10 years" substitute "15 years".
36 Increase in penalty for offence for importing,
10 exporting or placing a prohibited embryo
In section 38N(5) of the Principal Act for
"10 years" substitute "15 years".
37 Increase in penalty for offence for commercial
trading in human eggs, human sperm or human
15 embryos
In section 38O(4) of the Principal Act for
"10 years" substitute "15 years".
38 Insertion of new Division 2 in Part 4A
After section 38O of the Principal Act insert--
20 "Division 2--Practices that are prohibited
unless authorised by a licence
38OA Offence--creating a human embryo other
than by fertilisation, or developing such
an embryo
25 (1) 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
30 embryo so created; and
561026B.I-14/3/2007 18 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 38
(b) the creation or development of the
human embryo by the person is not
authorised by a licence.
(2) An offence against subsection (1) is an
5 indictable offence punishable by
imprisonment for a term not exceeding
10 years.
Notes
1 The development of a human embryo outside the
10 body of a woman for more than 14 days is
prohibited by section 38H.
2 The placement in the human body of a human
embryo clone, or any other human embryo
created other than by the fertilisation of a human
15 egg by a human sperm, is prohibited by sections
38B and 38N.
38OB Offence--creating or developing a human
embryo containing genetic material
provided by more than 2 persons
20 (1) 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
25 (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
30 authorised by a licence.
561026B.I-14/3/2007 19 BILL LA INTRODUCTION 14/3/2007
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s. 38
(2) An offence against subsection (1) is an
indictable offence punishable by
imprisonment for a term not exceeding
10 years.
5 Notes
1 The development of a human embryo outside the
body of a woman for more than 14 days is
prohibited by section 38H.
2 The placement in the body of a woman of a
10 human embryo created other than by the
fertilisation of a human egg by a human sperm is
prohibited by section 38N.
38OC Offence--using precursor cells from a
human embryo or a human fetus to create
15 a human embryo, or developing such an
embryo
(1) A person commits an offence if--
(a) the person uses precursor cells taken
from a human embryo or a human
20 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
25 being authorised by a licence, and the
person knows or is reckless as to that
fact.
(2) An offence against subsection (1) is an
indictable offence punishable by
30 imprisonment for a term not exceeding
10 years.
38OD Offence--creating a hybrid embryo
(1) A person commits an offence if the person
intentionally creates a hybrid embryo.
561026B.I-14/3/2007 20 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 39
(2) A person commits an offence if the person
intentionally develops a hybrid embryo.
(3) A person does not commit an offence against
subsection (1) or (2) if the creation or
5 development of the hybrid embryo by the
person is authorised by a licence.
(4) An offence against subsection (1) or (2) is an
indictable offence punishable by
imprisonment for a term not exceeding
10 10 years.
Note
A licence to create or develop a hybrid embryo can be
issued under section 21I--
(a) for the purposes of testing sperm quality in an
15 accredited ART centre--up to, but not including,
the first mitotic division; or
(b) in the case of a hybrid embryo created by
introducing the nucleus of a human cell into an
animal egg--for not longer than 14 days.".
20 39 Search warrants
In section 162(1) and (3)(a) of the Principal Act
after "Part 2A" (wherever occurring) insert
"or Part 4A".
40 Insertion of new Division 4 in Part 14
25 After section 203 of the Principal Act insert--
"Division 4--Savings and transitional
provisions (2007 Act)
204 Definition
In this Division--
30 commencement means the commencement
of the Infertility Treatment
Amendment Act 2007.
561026B.I-14/3/2007 21 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
s. 41
205 Existing applications for licences
(1) This section applies if--
(a) before the commencement a person had
applied for a licence under section 21H
5 of this Act; and
(b) immediately before the
commencement, the NHMRC
Licensing Committee had not decided
the application.
10 (2) On and after the commencement, the
application is to be decided under this Act as
if it had been made after the commencement.
206 Existing licences
A licence issued under section 21I that was
15 in force immediately before the
commencement continues in force on and
after the commencement.
207 Offences
(1) The amendments of this Act made by the
20 Infertility Treatment Amendment Act
2007 apply only to offences alleged to have
been committed on or after the
commencement.
(2) For the purposes of subsection (1), if an
25 offence is alleged to have been committed
between two dates, one before and one after
the commencement, the offence is alleged to
have been committed before the
commencement.".
30 41 Repeal of Act
This Act is repealed on 12 June 2008.
561026B.I-14/3/2007 22 BILL LA INTRODUCTION 14/3/2007
Infertility Treatment Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561026B.I-14/3/2007 23 BILL LA INTRODUCTION 14/3/2007
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