ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 63 Disclosure of information if pre-1998 donor deceased or not located

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 63

    (1)     If a person applies under section 56(1) for the disclosure of identifying information about a pre‑1998 donor, the Authority may disclose identifying information under Division 3 about the donor without giving notice under section 62(2) if—

        (a)     despite making all reasonable efforts to locate the donor, the Authority has not located the pre-1998 donor within 4 months of the application being made; or

        (b)     the donor is deceased.

    (2)     The Authority must not disclose identifying information under Division 3 about a pre‑1998 donor unless the applicant gives the Secretary—

        (a)     an undertaking not to contact the donor; and

        (b)     an undertaking to provide the Authority with any information the applicant subsequently receives from a source other than the Authority from which the pre-1998 donor may be directly or indirectly located.

    (3)     An applicant who gives an undertaking under subsection (2)(a) must not knowingly contact the pre-1998 donor unless the contact is a continuation of, or a similar kind to, contact that the applicant had with the donor before the applicant made the application.

Penalty:     50 penalty units.

S. 63A inserted by No. 6/2016 s. 23.