ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 36 Moving donated gametes and embryos into and out of Victoria

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 36

    (1)     A person must not—

        (a)     bring donor gametes, or an embryo produced from donor gametes, into Victoria; or

        (b)     take donor gametes, or an embryo produced from donor gametes, from Victoria.

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

    (2)     Subsection (1) does not apply if the gametes or embryo is brought into or taken from Victoria in accordance with the written approval of the Authority.

    (3)     In deciding whether or not to grant approval under subsection (2) for a person to take gametes or an embryo from Victoria, the Authority must have regard to the following—

        (a)     whether the purpose for which the gametes or embryo will be used outside Victoria is consistent with a purpose for which it could be used in Victoria;

        (b)     whether the way in which the gametes or embryo will be used outside Victoria is consistent with the way in which it could be used in Victoria.

    (4)     An approval granted under subsection (2)—

        (a)     may apply to a particular case or class of cases; and

        (b)     may be subject to conditions imposed by the Authority.

    (5)     A person given an approval under this section must comply with any condition imposed by the Authority on the approval.

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