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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Prohibition of Human Cloning for Reproduction
Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Act to bind the Crown 4
PART 2--PRACTICES THAT ARE COMPLETELY
PROHIBITED 5
5 Offence--placing a human embryo clone in the human
body or the body of an animal 5
6 Offence--importing or exporting a human embryo clone 5
7 No defence that human embryo clone could not survive 5
8 Offence--creating a human embryo for a purpose other
than achieving pregnancy in a woman 5
9 Offence--creating or developing a human embryo by
fertilisation that contains genetic material provided by
more than 2 persons 6
10 Offence--developing a human embryo outside the body
of a woman for more than 14 days 6
11 Offence--heritable alterations to genome 7
12 Offence--collecting a viable human embryo from the body
of a woman 7
13 Offence--creating a chimeric embryo 7
14 Offence--developing a hybrid embryo 8
15 Offence--placing of an embryo 8
16 Offence--importing, exporting or placing a prohibited
embryo 8
17 Offence--commercial trading in human eggs, human
sperm or human embryos 10
561272B.I-9/9/2008 i BILL LA INTRODUCTION 9/9/2008
Clause Page
PART 3--PRACTICES PROHIBITED UNLESS AUTHORISED BY
A LICENCE 12
18 Offence--creating a human embryo other than by
fertilisation or developing such an embryo 12
19 Offence--creating or developing a human embryo
containing genetic material provided by more than 2 persons 12
20 Offence--using precursor cells from a human embryo
or a human foetus to create a human embryo, or developing
such an embryo 13
21 Offence--creating a hybrid embryo 13
PART 4--GENERAL 15
22 Regulations 15
PART 5--TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 16
Division 1--Transitional provisions 16
23 Definitions 16
24 Superseded references 16
25 Continuing proceedings 16
Division 2--Consequential amendments to other Acts 17
26 Consequential amendment to the Magistrates' Court Act 1989 17
27 Consequential amendments to the Human Tissue Act 1982 17
ENDNOTES 18
561272B.I-9/9/2008 ii BILL LA INTRODUCTION 9/9/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Prohibition of Human Cloning for
Reproduction Bill 2008
A Bill for an Act to prohibit human cloning for reproduction and other
unacceptable practices associated with reproductive technology, and
for related purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to address concerns,
including ethical concerns, about scientific
5 developments in relation to human reproduction
and the utilisation of human embryos by
prohibiting certain practices.
561272B.I-9/9/2008 1 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act comes into operation on a day to be
proclaimed.
(2) If this Act does not come into operation before
5 1 January 2010, it comes into operation on that
day.
3 Definitions
(1) In this Act--
animal does not include a human;
10 chimeric embryo means--
(a) a human embryo into which a cell, or
any component part of a cell, of an
animal has been introduced; or
(b) a thing declared by the regulations to be
15 a chimeric embryo;
excess ART embryo has the meaning set out in
section 4 of the Research Involving Human
Embryos Act 2008;
human embryo means a discrete entity that has
20 arisen from either--
(a) the first mitotic division when
fertilisation of a human oocyte by a
human sperm is complete; or
(b) any other process that initiates
25 organised development of a biological
entity with a human nuclear genome or
altered human nuclear genome that has
potential to develop up to, or beyond,
the stage at which the primitive streak
30 appears--
and has not yet reached 8 weeks of
development since the first mitotic division;
561272B.I-9/9/2008 2 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 1--Preliminary
s. 3
human embryo clone means a human embryo that
is a genetic copy of another living or dead
human, but does not include a human
embryo created by the fertilisation of a
5 human egg by human sperm;
human sperm includes human spermatids;
hybrid embryo means--
(a) an embryo created by the fertilisation of
a human egg by animal sperm; or
10 (b) an embryo created by the fertilisation of
an animal egg by human sperm; or
(c) a human egg into which the nucleus of
an animal cell has been introduced; or
(d) an animal egg into which the nucleus of
15 a human cell has been introduced; or
(e) a thing declared by the regulations to be
a hybrid embryo;
licence means a licence issued under section 15 of
the Research Involving Human Embryos
20 Act 2008;
precursor cell means a cell that has the potential
to develop into a human egg or human
sperm;
sperm means sperm from a man;
25 woman means a female human.
(2) For the purposes of establishing that a human
embryo clone is a genetic copy of a living or dead
human--
(a) it is sufficient to establish that the set of
30 genes in the nuclei of the cells of the living
or dead human has been copied; and
(b) it is not necessary to establish that the copy
is an identical genetic copy.
561272B.I-9/9/2008 3 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 1--Preliminary
s. 4
(3) For the purposes of the definition of human
embryo in subsection (1), in working out the
length of the period of development of a human
embryo, any period when the development of the
5 embryo is suspended is to be disregarded.
(4) For the purposes of the definition of human
embryo clone in subsection (1), a human embryo
that results from the technological process known
as embryo splitting is taken not to be created by a
10 process of fertilisation of a human egg by human
sperm.
(5) A reference in this Act to an embryo (including a
human embryo) is a reference to a living embryo.
(6) A reference in this Act to a human egg is a
15 reference to a human oocyte.
(7) A reference in this Act to a human embryo does
not include a reference to--
(a) a hybrid embryo; or
(b) a human embryonic stem cell line.
20 4 Act to bind the Crown
(1) This Act binds the Crown, not only in right of the
State of Victoria, but also, so far as the legislative
power of the Parliament permits, the Crown in all
its other capacities.
25 (2) Nothing in this Act renders the Crown liable to be
prosecuted for an offence.
__________________
561272B.I-9/9/2008 4 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 2--Practices that are Completely Prohibited
s. 5
PART 2--PRACTICES THAT ARE COMPLETELY
PROHIBITED
5 Offence--placing a human embryo clone in the
human body or the body of an animal
5 (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 subsection (1) is an indictable
offence punishable by imprisonment for a term
10 not exceeding 15 years.
6 Offence--importing or exporting a human embryo
clone
(1) A person commits an offence if the person
intentionally imports a human embryo clone into
15 Victoria.
(2) A person commits an offence if the person
intentionally exports a human embryo clone from
Victoria.
(3) An offence against subsection (1) or (2) is an
20 indictable offence punishable by imprisonment for
a term not exceeding 15 years.
7 No defence that human embryo clone could not
survive
It is not a defence to an offence under section 5 or
25 6 that the human embryo clone did not survive or
could not have survived.
8 Offence--creating a human embryo for a purpose
other than achieving pregnancy in a woman
(1) A person commits an offence if the person
30 intentionally creates a human embryo by a process
of the fertilisation of a human egg by a human
sperm outside the body of a woman, unless the
person's intention in creating the embryo is to
561272B.I-9/9/2008 5 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 2--Practices that are Completely Prohibited
s. 9
attempt to achieve pregnancy in a particular
woman.
(2) An offence against subsection (1) is an indictable
offence punishable by imprisonment for a term
5 not exceeding 15 years.
(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
10 subsection (1) of this section.
9 Offence--creating or developing a human embryo
by fertilisation that contains genetic material
provided by more than 2 persons
(1) A person commits an offence if--
15 (a) the person intentionally creates or develops a
human embryo by a process of the
fertilisation of a human egg by a human
sperm outside the body of a woman; and
(b) the human embryo contains genetic material
20 provided by more than 2 persons.
(2) An offence against subsection (1) is an indictable
offence punishable by imprisonment for a term
not exceeding 15 years.
10 Offence--developing a human embryo outside the
25 body of a woman for more than 14 days
(1) A person commits an offence if the person
intentionally develops a human embryo outside
the body of a woman for a period of more than
14 days, excluding any period when development
30 is suspended.
(2) An offence against subsection (1) is an indictable
offence punishable by imprisonment for a term
not exceeding 15 years.
561272B.I-9/9/2008 6 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 2--Practices that are Completely Prohibited
s. 11
11 Offence--heritable alterations to genome
(1) A person commits an offence if--
(a) the person alters the genome of a human cell
in such a way that the alteration is heritable
5 by descendants of the human whose cell was
altered; and
(b) in altering the genome, the person intended
the alteration to be heritable by descendants
of the human whose cell was altered.
10 (2) In this section--
human cell includes a human embryonal cell, a
human foetal cell, human sperm and a
human egg.
(3) An offence against subsection (1) is an indictable
15 offence punishable by imprisonment for a term
not exceeding 15 years.
12 Offence--collecting a viable human embryo from
the body of a woman
(1) A person commits an offence if the person
20 removes a human embryo from the body of a
woman, intending to collect a viable human
embryo.
(2) An offence against subsection (1) is an indictable
offence punishable by imprisonment for a term
25 not exceeding 15 years.
13 Offence--creating a chimeric embryo
(1) A person commits an offence if the person
intentionally creates a chimeric embryo.
(2) An offence against subsection (1) is an indictable
30 offence punishable by imprisonment for a term
not exceeding 15 years.
561272B.I-9/9/2008 7 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 2--Practices that are Completely Prohibited
s. 14
14 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 period
5 when development is suspended.
(2) An offence against subsection (1) is an indictable
offence punishable by imprisonment for a term
not exceeding 15 years.
15 Offence--placing of an embryo
10 (1) A person commits an offence if the person
intentionally places a human embryo in an animal.
(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
15 tract.
(3) A person commits an offence if the person
intentionally places an animal embryo in the body
of a human for any period of gestation.
(4) An offence against subsection (1), (2) or (3) is an
20 indictable offence punishable by imprisonment for
a term not exceeding 15 years.
16 Offence--importing, exporting or placing a
prohibited embryo
(1) A person commits an offence if the person
25 intentionally imports an embryo into Victoria
knowing that, or reckless as to whether, the
embryo is a prohibited embryo.
(2) A person commits an offence if the person
intentionally exports an embryo from Victoria
30 knowing that, or reckless as to whether, the
embryo is a prohibited embryo.
561272B.I-9/9/2008 8 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 2--Practices that are Completely Prohibited
s. 16
(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.
5 (4) In this section--
prohibited embryo means--
(a) a human embryo created by a process
other than the fertilisation of a human
egg by human sperm; or
10 (b) a human embryo created outside the
body of a woman, unless the intention
of the person who created the embryo
was to attempt to achieve pregnancy in
a particular woman; or
15 (c) a human embryo that contains genetic
material provided by more than
2 persons; or
(d) a human embryo that has been
developing outside the body of a
20 woman for a period of more than
14 days, excluding any period when
development is suspended; or
(e) a human embryo using precursor cells
taken from a human embryo or a
25 human foetus; or
(f) a human embryo that contains a human
cell (within the meaning of section)
whose genome has been altered in such
a way that the alteration is heritable by
30 human descendants of the human
whose cell was altered; or
561272B.I-9/9/2008 9 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 2--Practices that are Completely Prohibited
s. 17
(g) a human embryo that was removed
from the body of a woman by a person
intending to collect a viable human
embryo; or
5 (h) a chimeric embryo or a hybrid embryo.
(5) An offence against subsection (1), (2) or (3) is an
indictable offence punishable by imprisonment for
a term not exceeding 15 years.
17 Offence--commercial trading in human eggs,
10 human sperm or human embryos
(1) A person commits an offence if the person
intentionally gives or offers valuable
consideration to another person for the supply of a
human egg, human sperm or a human embryo.
15 (2) A person commits an offence if the person
intentionally receives, or offers to receive,
valuable consideration from another person for the
supply of a human egg, human sperm or a human
embryo.
20 (3) In this section--
reasonable expenses--
(a) in relation to the supply of a human egg
or human sperm includes, but is not
limited to, expenses relating to the
25 collection, storage or transport of the
egg or sperm; and
(b) in relation to the supply of a human
embryo--
(i) does not include any expenses
30 incurred by a person before the
time when the embryo became an
excess ART embryo; and
561272B.I-9/9/2008 10 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 2--Practices that are Completely Prohibited
s. 17
(ii) includes, but is not limited to,
expenses relating to the storage or
transport of the embryo;
valuable consideration, in relation to the supply
5 of a human egg, human sperm or a human
embryo by a person, includes any
inducement, discount or priority in the
provision of a service to the person, but does
not include the payment of reasonable
10 expenses incurred by the person in
connection with the supply.
(4) An offence against subsection (1) or (2) is an
indictable offence punishable by imprisonment for
a term not exceeding 15 years.
__________________
561272B.I-9/9/2008 11 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 3--Practices prohibited unless authorised by a licence
s. 18
PART 3--PRACTICES PROHIBITED UNLESS AUTHORISED
BY A LICENCE
18 Offence--creating a human embryo other than by
fertilisation or developing such an embryo
5 (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 embryo so
10 created; and
(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 indictable
15 offence punishable by imprisonment for a term
not exceeding 10 years.
Notes
1 The development of a human embryo outside the body of a
woman for more than 14 days is prohibited by section 10.
20 2 The placement in the body of a woman of a human embryo
clone, or any other human embryo created other than by the
fertilisation of a human egg by a human sperm, is prohibited
by sections 5 and 16.
19 Offence--creating or developing a human embryo
25 containing genetic material provided by more than
2 persons
(1) A person commits an offence if--
(a) the person intentionally creates or develops a
human embryo by a process other than the
30 fertilisation of a human egg by a human
sperm; and
(b) the human embryo contains genetic material
provided by more than 2 persons; and
561272B.I-9/9/2008 12 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 3--Practices prohibited unless authorised by a licence
s. 20
(c) 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 indictable
5 offence punishable by imprisonment for a term
not exceeding 10 years.
Notes
1 The development of a human embryo outside the body of a
woman for more than 14 days is prohibited by section 10.
10 2 The placement in the body of a woman of a human embryo
created other than by the fertilisation of a human egg by a
human sperm is prohibited by section 16.
20 Offence--using precursor cells from a human
embryo or a human foetus to create a human
15 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 foetus, intending
to create a human embryo, or intentionally
20 develops an embryo so created; and
(b) the person engages in activities mentioned in
paragraph (a) without being authorised by a
licence, and the person knows or is reckless
as to that fact.
25 (2) An offence against subsection (1) is an indictable
offence punishable by imprisonment for a term
not exceeding 10 years.
21 Offence--creating a hybrid embryo
(1) A person commits an offence if the person
30 intentionally creates a hybrid embryo.
(2) A person commits an offence if the person
intentionally develops a hybrid embryo.
561272B.I-9/9/2008 13 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 3--Practices prohibited unless authorised by a licence
s. 21
(3) A person does not commit an offence against
subsection (1) or (2) if the creation or
development of the hybrid embryo by the person
is authorised by a licence.
5 (4) An offence against subsection (1) or (2) is an
indictable offence punishable by imprisonment for
a term not exceeding 10 years.
Note
A licence to create or develop a hybrid embryo can be issued under
10 section 15 of the Research Involving Human Embryos Act 2008
for the purposes of testing sperm quality in an accredited ART
centre--up to, but not including, the first mitotic division.
__________________
561272B.I-9/9/2008 14 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 4--General
s. 22
PART 4--GENERAL
22 Regulations
The Governor in Council may make regulations
prescribing matters--
5 (a) required or permitted by this Act to be
prescribed; or
(b) necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
__________________
561272B.I-9/9/2008 15 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 5--Transitional Provisions and Consequential Amendments to other
s. 23
Acts
PART 5--TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Division 1--Transitional provisions
23 Definitions
5 In this Division--
commencement means the commencement of this
Act;
repealed Act means the Infertility Treatment
Act 1995.
10 24 Superseded references
On and from the commencement, a reference in an
Act (other than this Act) or a document to Part 4A
of the repealed Act is taken, if the context permits,
to be a reference to this Act.
15 25 Continuing proceedings
If, immediately before the commencement,
proceedings for an offence against Part 4A of the
repealed Act had started but had not yet been
determined, the proceedings may continue under
20 the repealed Act as if that Act had not been
repealed.
561272B.I-9/9/2008 16 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Part 5--Transitional Provisions and Consequential Amendments to other
s. 26
Acts
Division 2--Consequential amendments to other Acts
26 Consequential amendment to the Magistrates'
Court Act 1989
In Schedule 4 to the Magistrates' Court Act See:
Act No.
5 1989, after item 62A insert-- 51/1989.
Reprint No. 13
"62B Prohibition of Human Cloning for as at
15 August
Reproduction Act 2008 2007
and
Indictable offences under the Prohibition of amending
Human Cloning for Reproduction Act Act Nos
77/2004,
10 2008.". 62/2005,
51/2006,
50/2007,
52/2007,
53/2007,
8/2008,
12/2008,
18/2008,
23/2008 and
34/2008.
LawToday:
www.
legislation.
vic.gov.au
27 Consequential amendments to the Human Tissue
Act 1982
In sections 38(3) and 39(1A) of the Human See:
Act No.
Tissue Act 1982, for "section 38O(3) of the 9860.
15 Infertility Treatment Act 1995" substitute Reprint No. 3
as at
"section 17 of the Prohibition of Human 1 June 2004
Cloning for Reproduction Act 2008". and
amending
Act Nos
97/2005 and
59/2006.
LawToday:
www.
legislation.
vic.gov.au
561272B.I-9/9/2008 17 BILL LA INTRODUCTION 9/9/2008
Prohibition of Human Cloning for Reproduction Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561272B.I-9/9/2008 18 BILL LA INTRODUCTION 9/9/2008
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