ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 31B Time for removal of gametes from storage

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 31B

    (1)     A person may cause or permit gametes to remain in storage for up to 3 months after—

        (a)     the person becomes aware that the person who produced the gametes has asked for those gametes to be removed; or

        (b)     the expiry of the relevant period referred to in section 31(1)(b); or

        (c)     in case of a pending application, the relevant day unless the Tribunal approves the longer storage period on the relevant day; or

        (d)     if the Patient Review Panel refuses to approve a further storage period under section 31A(3), the relevant day unless the Tribunal approves the further storage period on the relevant day.

    (2)     In case of a pending application, a person may cause or permit gametes to remain in storage until the earlier of the following—

        (a)     the Patient Review Panel approves the longer storage period; or

        (b)     if the Patient Review Panel refuses or has refused to approve a longer storage period, the relevant day.

    (3)     A person must not use gametes kept in storage under subsection (1) or (2), unless the use by the person consists only of—

        (a)     storage of the gametes; or

        (b)     removal of the gametes from storage.

Penalty:     240 penalty units or 2 years imprisonment or both.

    (4)     For the purposes of this section—

"pending application" means either of the following that, on the expiry of the relevant period referred to in section 31(1)(b), had been made but not yet decided—

        (a)     an application to the Patient Review Panel for approval of a longer storage period; or

        (b)     an application to the Tribunal for review of the Patient Review Panel's decision not to approve a longer storage period;

"relevant day" means the day—

        (a)     that is 28 days after the Patient Review Panel refuses to approve the longer or further storage period; or

        (b)     if an application is made to the Tribunal for review of the Patient Review Panel's decision, the Tribunal decides the application.