INFERTILITY TREATMENT (AMENDMENT) BILL 1997
PARLIAMENT OF VICTORIA Infertility Treatment (Amendment) Act 1997 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Principal Act 2 PART 2--AMENDMENT OF PRINCIPAL ACT 3 4. Commencement of unproclaimed provisions of Principal Act 3 5. Standing Review and Advisory Committee on Infertility 3 6. Application of Act to de facto relationships 4 7. Persons who may undergo treatment procedures 5 8. Consent of spouse of donor under section 13 6 9. Objection by later spouse under section 15 6 10. Identified donors 7 11. Requirements as to consent to use of gamete, etc from identified donor 7 12. Consent of spouse of donor under section 28 7 13. Requirements as to consent 8 14. Objection by later spouse under section 30 8 15. Ban on procedure involving gametes produced by children 8 16. Removal of zygotes and embryos from storage 8 17. Definitions 9 18. Repeal of section 195 9 19. References to spouse 9 20. Statute law revision 9 NOTES 10 i 531142B.I1-22/4/97
PARLIAMENT OF VICTORIA A BILL to amend the Infertility Treatment Act 1995 and for other purposes. Infertility Treatment (Amendment) Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are to amend the Infertility Treatment Act 1995-- 5 (a) to extend the period for commencement of the unproclaimed provisions of the Act; 1 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 s. 2 Act No. (b) to repeal the provisions in relation to the Standing Review and Advisory Committee on Infertility; (c) to extend access to treatment procedures 5 under the Act to de facto couples living together as husband and wife on a genuine domestic basis; (d) to make various miscellaneous amendments to the Act. 10 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent. No. 63/1995. 3. Principal Act In this Act, the Infertility Treatment Act 1995 is 15 called the Principal Act. _______________ 2 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 s. 4 Act No. PART 2--AMENDMENT OF PRINCIPAL ACT 4. Commencement of unproclaimed provisions of Principal Act In section 2 of the Principal Act, for sub-section 5 (4) substitute-- "(4) If a provision referred to in sub-section (3) does not come into operation before 1 January 1998, it comes into operation on that day.". 10 5. Standing Review and Advisory Committee on Infertility (1) In the Principal Act-- (a) in section 1(f), omit "and the Standing Review and Advisory Committee on 15 Infertility"; (b) in section 3, the definition of "Committee" is repealed; (c) in section 89(3), paragraph (f) is repealed; (d) in section 98, sub-sections (7) and (8) are 20 repealed; (e) in section 99-- (i) in sub-section (1), for "Subject to sub- section (2), the" substitute "The"; (ii) sub-section (2) is repealed; 25 (f) in section 100, sub-section (2) is repealed; (g) in section 118(1), omit "and the Committee"; (h) in section 122, sub-section (5) is repealed; (i) Part 10 is repealed; 3 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 s. 6 Act No. (j) in section 150-- (i) omit "or the Committee"; (ii) omit "98(8) or"; (k) in section 161(a)-- 5 (i) for "the Minister, the Authority or the Committee" substitute "the Minister or the Authority"; (ii) omit "or the Committee" (where secondly occurring); 10 (l) in section 164(a)-- (i) omit "or the Committee"; (ii) omit "98(8) or". (2) In section 194 of the Principal Act, for sub- sections (2) and (3) substitute-- 15 "(2) The Authority may, in accordance with this Act, continue and complete any thing of a continuing nature commenced by the former Committee.". 6. Application of Act to de facto relationships 20 (1) In section 3 of the Principal Act, before "In this Act" insert "(1)". (2) In section 3 of the Principal Act insert-- ' "de facto relationship" means the relationship of a man and a woman who are living 25 together as husband and wife on a genuine domestic basis, although not married; "husband", in relation to a woman who is living with a man in a de facto relationship, means the man with whom she is living in that de 30 facto relationship; 4 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 s. 7 Act No. "spouse"-- (a) in relation to a man who is living with a woman in a de facto relationship, means the woman with whom he is 5 living in that de facto relationship; (b) in relation to a woman who is living with a man in a de facto relationship, means the man with whom she is living in that de facto relationship; 10 "wife", in relation to a man who is living with a woman in a de facto relationship, means the woman with whom he is living in that de facto relationship;'. (3) At the end of section 3 of the Principal Act, 15 insert-- "(2) If a man or woman living in a de facto relationship is also married, a reference in this Act to a husband, wife or spouse of such a man or woman (as the case requires) does 20 not include a reference to the husband or wife to whom the man or woman is married.". 7. Persons who may undergo treatment procedures In section 8 of the Principal Act, for sub-section 25 (1) substitute-- "(1) A woman who undergoes a treatment procedure must-- (a) be married and living with her husband on a genuine domestic basis; or 30 (b) be living with a man in a de facto relationship.". 5 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 s. 8 Act No. 8. Consent of spouse of donor under section 13 In section 13 of the Principal Act-- (a) in sub-section (1), for "is married at the time consent is given" substitute "is, at the time 5 consent is given, married or living in a de facto relationship"; (b) in sub-section (2), for "was not married at the time the donor gave consent" substitute "was not, at the time the donor gave consent, 10 married or living in a de facto relationship"; (c) after sub-section (3)(c) insert-- "or (d) in the case of a de facto relationship, when the donor and spouse cease to 15 live together as husband and wife on a genuine domestic basis."; (d) in sub-section (4), after "each other" insert "or are living together in a de facto relationship (as the case requires)". 20 9. Objection by later spouse under section 15 In section 15 of the Principal Act-- (a) in sub-section (1), for paragraph (a) substitute-- "(a) after the donor has given consent under 25 section 12 in respect of an oocyte, sperm, zygote or embryo, the donor marries or commences living in a de facto relationship; and"; (b) in sub-section (5), after "to the donor" insert 30 "or ceases to live in a de facto relationship with the donor (as the case requires)". 6 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 s. 10 Act No. 10. Identified donors In section 18 of the Principal Act, for sub-section (3) substitute-- '(3) In this section, "spouse", in relation to a 5 donor, means a person who was, at the time the donor gave consent under sub-section (1)(b), married to the donor or living in a de facto relationship with the donor.'. 11. Requirements as to consent to use of gamete, etc from 10 identified donor In section 19 of the Principal Act, for sub-section (4) substitute-- '(4) In this section, "spouse", in relation to a donor, means a person who was, at the time 15 the donor gave consent under section 18(1)(b), married to the donor or living in a de facto relationship with the donor.'. 12. Consent of spouse of donor under section 28 In section 28 of the Principal Act-- 20 (a) in sub-section (1), for "is married at the time consent is given" substitute "is, at the time consent is given, married or living in a de facto relationship"; (b) in sub-section (2), for "was not married at 25 the time the donor gave consent" substitute "was not, at the time the donor gave consent, married or living in a de facto relationship"; (c) after sub-section (3)(c) insert-- "or 30 (d) in the case of a de facto relationship, when the donor and spouse cease to live together as husband and wife on a genuine domestic basis.". 7 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 s. 13 Act No. 13. Requirements as to consent In section 29 of the Principal Act, after sub- section (2) insert-- '(3) In this section, "spouse", in relation to a 5 donor, means a person who was, at the time the donor gave consent under section 27 or 28, married to the donor or living in a de facto relationship with the donor.'. 14. Objection by later spouse under section 30 10 In section 30 of the Principal Act-- (a) in sub-section (1), for "If a donor marries a person after he or she has given consent under section 27" substitute "If, after a donor has given consent under section 27, he 15 or she marries or commences living in a de facto relationship"; (b) in sub-section (5), after "to the donor" insert "or ceases to live in a de facto relationship with the donor (as the case requires)". 20 15. Ban on procedure involving gametes produced by children In section 41(a) and (b) of the Principal Act, omit ", unless that person is married". 16. Removal of zygotes and embryos from storage 25 In section 53(1)(d) of the Principal Act, for "is married at the time of the giving of the consent" substitute "is, at the time of the giving of the consent, married or living in a de facto relationship". 30 8 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 s. 17 Act No. 17. Definitions (1) After section 171(2) of the Principal Act insert-- '(3) Unless the contrary intention appears, the definitions of "husband", "spouse" and 5 "wife" in section 3(1) of this Act do not apply to this Division.'. (2) In section 180(4) of the Principal Act, after "husband" insert "(within the meaning of section 3(1) of this Act)". 10 18. Repeal of section 195 Section 195 of the Principal Act is repealed. 19. References to spouse In the Principal Act-- (a) in section 4(2), omit "or spouse" (where 15 twice occurring); (b) in section 63(2)(c), for "spouse" (where twice occurring) substitute "husband"; (c) in section 66(c), for "spouse" substitute "husband"; 20 (d) in sections 71 and 72, for "spouse" (wherever occurring) substitute "husband". 20. Statute law revision In the Principal Act-- (a) in section 22(2)(a), for "being" substitute 25 "bring"; (b) in section 173, omit "(1)"; (c) in section 180(4)(a), for "identify" substitute "identity". 30 9 531142B.I1-22/4/97
Infertility Treatment (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 10 531142B.I1-22/4/97