INFERTILITY TREATMENT ACT 1995 No. 63 of 1995 Version incorporating amendments as at 1 July 2007 Infertility Treatment Act 1995 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purposes 2. Commencement 3. Definitions 4. Interpretation 5. Guiding principles 5A. Act to bind the Crown PART 2-TREATMENT PROCEDURES Division 1-General 6. Fertilisation procedures 7. Donor insemination Division 2-General requirements for treatment procedures 8. Persons who may undergo treatment procedures 9. Requirements as to consent 10. Information 11. Counselling Division 3-Requirements for donors 12. Donation of gametes or embryos 13. Consent of spouse of donor 14. Requirements as to consent 15. Objection by later spouse 16. Counselling requirements 17. Requirements as to the giving and receiving of information 18. Identified donors 19. Requirements as to consent to use of gamete etc. from identified donor Division 4-Requirements for donor treatment procedures 20. Circumstances in which donor procedure may be used 21. Information and advice PART 2A-REGULATION OF CERTAIN USES INVOLVING EXCESS ART EMBRYOS, OTHER EMBRYOS AND HUMAN EGGS Division 1-Interpretation 21A. Definitions 21B. Meaning of excess ART embryo Division 2-Offences 21C. Offence-use of excess ART embryo 21CA. Offence-use of other embryos 21CB. Offence-certain activities involving use of human eggs 21D. Offence-use of embryo that was created by fertilisation and that is not an excess ART embryo 21E. Offence-breaching a licence condition 21EA. Person not liable for conduct purportedly authorised Division 3-Embryo Research Licensing Committee of the NHMRC 21F. Functions of Committee 21G. Powers of Committee Division 4-Licensing system 21H. Person may apply for licence 21I. Determination of application by Committee 21J. Notification of decision 21K. Period of licence 21L. Licence is subject to conditions 21M. Variation of licence 21N. Suspension or revocation of licence 21O. Surrender of licence 21P. Notification of variation, suspension or revocation of licence Division 5-Reporting and confidentiality 21Q. NHMRC Licensing Committee to make certain information publicly available 21R. Confidential commercial information may only be disclosed in certain circumstances Division 6-Review provisions 21S. Meaning of terms 21T. Review of decisions Division 7-Monitoring powers 21U. Powers available to inspectors for monitoring compliance 21V. Monitoring powers 21W. Power to secure 21WA. Monitoring warrants 21WB. Details of warrant to be given to occupier etc. 21WC. Announcement before entry 21WD. Occupier entitled to be present during search 21X. Inspector must produce identity card on request 21Y. Consent 21Z. Compensation for damage 21ZA. Extended operation of Division PART 3-RESEARCH Division 1-Offences 22. Research 23. Places for research 24. Ban on destructive research on non-excess ART embryos 25. Authority must not approve destructive research on non-excess ART embryos 26. Authority must not approve certain research on oocytes in the process of fertilisation Division 2-Preliminary requirements for research involving embryos 27. Consent to research involving embryos 28. Consent of spouse of donor 29. Requirements as to consent 30. Objection by later spouse 31. Counselling requirements 32. Information requirements Division 3-Repealed 33. Repealed Division 4-Preliminary requirements for other research involving gametes 34. Consent to research using gametes 35. Requirements as to consent Division 5-Application of Part 35A. Meaning of research in this Part PART 4-PROCEDURES RELATING TO CONSENTS 36. Approved form to be used 37. Withdrawal of consent 38. Lapsing of consent PART 4A-PROHIBITED PRACTICES INCLUDING PROHIBITION ON HUMAN CLONING FOR REPRODUCTION Division 1-Practices that are completely prohibited 38A. Repealed 38B. Offence-placing a human embryo clone in the human body or the body of an animal 38C. Offence-importing or exporting a human embryo clone 38D. No defence that human embryo clone could not survive 38E. Repealed 38F. Offence-creating a human embryo for a purpose other than achieving pregnancy in a woman 38G. Offence-creating or developing a human embryo by fertilisation that contains genetic material provided by more than 2 persons 38H. Offence-developing a human embryo outside the body of a woman for more than 14 days 38I. Repealed 38J. Offence-heritable alterations to genome 38K. Offence-collecting a viable human embryo from the body of a woman 38L. Offence-creating a chimeric or hybrid embryo 38LA. Offence-developing a hybrid embryo 38M. Offence-placing of an embryo 38N. Offence-importing, exporting or placing a prohibited embryo 38O. Offence-commercial trading in human eggs, human sperm or human embryos Division 2-Practices that are prohibited unless authorised by a licence 38OA. Offence-creating a human embryo other than by fertilisation, or developing such an embryo 38OB. Offence-creating or developing a human embryo containing genetic material provided by more than 2 persons 38OC. Offence-using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such an embryo 38OD. Offence-creating a hybrid embryo PART 5-OTHER MISCELLANEOUS OFFENCES Division 1-Prohibited procedures 38P. Application of Division 39. Repealed 40. Transfer of gametes or embryos used for research 41. Ban on procedures involving gametes produced by children 42. Repealed 43. Ban on procedures involving gametes of people known to be dead 44, 45. Repealed 46. Ban on certain procedures 47-49. Repealed 50. Ban on sex selection Division 2-Storage 50A. Application of Division 51. Storing gametes 52. Storing embryos 53. Removal of embryos from storage 54. Places of storage 55. Ban on use of gametes or embryos not stored at licensed centre Division 3-General offences 56. Import or export of gametes and embryos 57. Repealed 58. False or misleading information PART 6-SURROGATE MOTHERHOOD 59. Surrogacy 60. Surrogacy-advertising 61. Surrogacy agreements void PART 7-RECORDS AND ACCESS TO INFORMATION Division 1-Records 62. Register to be kept for licensed centre 63. Register to be kept by doctor carrying out donor insemination 64. Information to be given to the Authority by licensed centres 65. Information to be given to the Authority by doctors not at licensed centres 66. Information to be given under section 64 and 65. 67. Information to be given to the Authority about births by other persons 68. Authority to keep a central register 69. Authority to correct central register 70. Inspection of Registers Division 2-Information to be given by licensed centres and doctors 71. Information recorded by licensed centre or doctor which is to be given to persons undergoing donor treatment procedures 72. Information recorded by licensed centre or doctor which is to be given to donors 73. Information about pregnancy, birth or transfer Division 3-Information to be given from central register 74. Application by parents for information contained on central register 75. Authority to give information about donor to parents 76. Application by donor for information about persons born as a result of donor treatment procedures and parents of such persons 77. Authority to give information about person born as a result of a donor treatment procedure 78. Authority to give information about parents 79. Application by person born as a result of a donor treatment procedure or descendant for information about donor 80. Authority to give information about donor to person born as the result of a procedure 81. Counselling not applicable in certain circumstances 82. Donor treatment procedure information register Division 4-General provisions 83. Information 84. Waiver of fees 85. Disclosure of information to a medical practitioner 86. Records of information given 87. Consent 88. Authority may refuse to give information 89. Confidentiality-information which may identify 90. Confidentiality-non-identifying information 91. Closure of court or tribunal 92. Exemption from Freedom of Information Act 1982. PART 7A-PRE-1 JULY 1988 PROCEDURE INFORMATION 92A. Definitions 92B. Application of Part 92C. Recording of pre-1 July 1988 information 92D. Release of information 92E. Request for release of information 92F. Authority to comply with wishes of person who provided information 92G. Authority may give information 92H. Counselling waived in certain circumstances 92I. Offences PART 8-LICENCES, APPROVALS AND DESIGNATED OFFICERS Division 1-Licensing of places 93. Licence application-hospitals and day procedure centres 94. Licence application-research institutions 95. Designation of principal doctor or principal scientist 96. Licence applications-general procedure 97. Authority may grant or refuse licence Division 2-Approval to carry out research 98. Application for approval to carry out research 99. Approval by Authority to carry out research 100. Report of results of research to Authority Division 3-Approval of persons carrying out treatment procedures or research 101. Application for approval of doctor or scientist 102. Authority may grant or refuse approval Division 4-Approved counsellors 103. Application for approval of counsellors 104. Authority may grant or refuse approval Division 5-General provisions about licences, approvals and exemptions 104A. Application of Part 105. Form and content of licence or approval 106. Power of Authority to impose conditions 107. Provision of information 108. Variation of conditions of licences or approvals under this Part 109. Variation of approvals and exemptions under Part 5. 110. Offence of failing to comply with terms etc. of licence or approval 110A. Formation of embryos 111. Duration and renewal of licence or approval 112. Application for renewal 113. Suspension of licence, approval or exemption 114. Immediate suspension 115. Cancellation of licence, approval or exemption 116. Orders 117. Notification about approvals and licences 118. Notification to Minister Division 6-Designated officers 119. Designated officers for licensed centres 120. If no designated officer appointed PART 9-INFERTILITY TREATMENT AUTHORITY Division 1-Constitution of the Authority 121. Establishment of Authority 122. Powers, functions, duties and consultation requirements 123. Membership 124. Terms of office 125. Resignation and removal 126. Chairperson and Deputy Chairperson 127. Acting member 128. Payment of members 129. Procedure of Authority 130. Effect of vacancy or defect 131. Member's interests 132. Immunity 133. Engagement or employment of persons 134. Delegation 135. Committees Division 2-Supplementary powers 136. Powers of Authority in relation to fees Division 3-Reporting and financial provisions 137. Report to Minister 138. Infertility Treatment Authority Fund 139. Investment powers PART 10-Repealed 140-148. Repealed PART 11-REVIEW OF DECISIONS 149. Review of decisions PART 12-GENERAL 150. Decisions by Authority not reviewable 151. No action if gametes used without knowing consent withdrawn or lapsed 152. Conscientious objections 153. Record of consent or objection and withdrawal of consent or objection 154. Transfer of documents 155. Authorised officers 156. Powers and duties of members of Authority and authorised officers 157. Offence to obstruct or hinder 158. Additional liability for offences 159. Application of Public Records Act 1973. 160. Prohibition on destruction of documents 161. Evidence 162. Search warrants 163. Indictable offences 164. Supreme Court-limitation of jurisdiction PART 13-REGULATIONS 165. Regulations PART 14-REVIEW AND TRANSITIONAL PROVISIONS Division 1-Review of Parts 2A and 4A. 166. Review of operation of Parts 2A and 4A. 167-170. Repealed Division 2-Transitional provisions 171. Definitions 172. General transitional provision 173. Regulations 174. Donations 175. Consents 176. Eligibility for fertilisation procedures 177. Eligibility to undergo donor insemination 178. Eligibility-research procedures 179. Partial compliance 180. Identified donors under section 16 of the repealed Act 181. Recording and disclosing information-general 182. Registers and records 183. Recording and giving information 184. Access to information 185. Gametes, zygotes and embryos in storage 186. Application of time limits for storage of zygotes and embryos 187. Removal from storage 188. Use of stored gametes, zygotes and embryos 189. Approval of research procedures 190. Approval of counsellors 191. Approval of premises 192. Review of Ministerial decisions 193. Ministerial directions 194. Abolition of former Committee 195. Repealed 196. Exemptions 197. Existing immunity not affected 198. Superseded references 199. Further savings and transitional provisions Division 3-Savings and transitional provisions (2003 Act) 200. Definition 201. Status of certain licences and approvals 202. Regulations 203. General transitional provision Division 4-Savings and transitional provisions (2007 Act) 204. Definition 205. Existing applications for licences 206. Existing licences 207. Offences --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Infertility Treatment Act 1995 - PART 1 PART 1 PRELIMINARY Infertility Treatment Act 1995 - SECT 1 Purposes 1. Purposes The main purposes of this Act are- (a) to regulate the use of in-vitro and other fertilisation procedures and donor insemination procedures; (b) to regulate access to information about treatment procedures carried out under this Act and the Infertility (Medical Procedures) Act 1984; (ba) to regulate certain activities involving the use of human embryos; (bb) to prohibit human cloning and certain other practices associated with reproductive technology; (c) to regulate research using human gametes and embryos; (d) to promote research into the incidence and causes of infertility; (e) to make provisions with respect to surrogacy agreements; (f) to establish the Infertility Treatment Authority; (fa) to confer functions on the Embryo Research Licensing Committee of the National Health and Medical Research Council; (g) to repeal the Infertility (Medical Procedures) Act 1984 and amend various other Acts. Infertility Treatment Act 1995 - SECT 2 Commencement 2. Commencement (1) This Part (except section 5) comes into operation on the day on which this Act receives the Royal Assent. (2) Section 170 is deemed to have come into operation on 1 July 1988. (3) The remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision referred to in subsection (3) does not come into operation before 1 January 1998, it comes into operation on that day. Infertility Treatment Act 1995 - SECT 3 Definitions 3. Definitions (1) In this Act- animal does not include a human; approval means an approval granted or renewed by the Authority under section 40, 51, 52 or 56 or Part 8; approved research means research for which approval has been given by the Authority under Division 2 of Part 8; artificial insemination means a procedure of transferring sperm without also transferring an oocyte into the vagina, cervical canal or uterus of a woman; authorised officer means an authorised officer under Part 12; Authority means the Infertility Treatment Authority established under Part 9; central register means the register kept by the Authority under section 68; 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 a chimeric embryo; * * * * * * * * * * Commonwealth Act means the Research Involving Human Embryos Act 2002 of the Commonwealth; Commonwealth authority means the following- (a) a body corporate established for a public purpose by or under a Commonwealth Act; (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together- (i) the Commonwealth; (ii) a body covered by paragraph (a); (iii) a body covered by either subparagraph (i) or (ii); day procedure centre has the same meaning as in the Health Services Act 1988; de facto relationship means the relationship of a man and a woman who are living together as husband and wife on a genuine domestic basis, although not married; denominational hospital has the same meaning as in the Health Services Act 1988; designated officer in relation to a licensed centre means a person appointed, employed or engaged for that centre under Division 6 of Part 8; doctor means a registered medical practitioner under the Health Professions Registration Act 2005; donor means a person who has given a consent under section 12, 27 or 34 or who consents to his or her gametes being used in research under section 22(2); donor embryo means an embryo in respect of which consent has been given under section 12 or 27; donor gametes means donor sperm or a donor oocyte; donor insemination means artificial insemination with donor sperm; donor oocyte means an oocyte in respect of which consent has been given under section 12, 27 or 34; donor sperm means sperm in respect of which consent has been given under section 12, 27 or 34; donor treatment procedure means a treatment procedure where donor gametes or a donor embryo is used; * * * * * exemption means an exemption under section 56; fertilisation procedure means- * * * * * (b) the medical procedure of transferring to the body of a woman an embryo formed outside the body of any woman; or (c) the medical procedure of transferring- (i) an oocyte, without also transferring sperm, to the body of a woman; or (ii) sperm (other than by artificial insemination) to the body of a woman; or (iii) an oocyte and sperm to the body of a woman; gamete means an oocyte or sperm; human embryo means a discrete entity that has 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 organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears- and has not yet reached 8 weeks of development since the first mitotic division; 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 human egg by human sperm; human sperm includes human spermatids; 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 facto relationship; hybrid embryo means- (a) an embryo created by the fertilisation of a human egg by animal sperm; or (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 a human cell has been introduced; or (e) a thing declared by the regulations to be a hybrid embryo; inspector means a person appointed as an inspector under section 33(1) of the Commonwealth Act; licensed centre means a place in respect of which a licence under Part 8 is in force; licensee in relation to a licensed centre, means the person who is the holder of the licence; NHMRC Licensing Committee means the Committee established by section 13 of the Commonwealth Act; oocyte means an ovum from a woman; oocyte in the process of fertilisation means an oocyte at any stage of human development from the commencement of penetration of the oocyte by human sperm up to but not including the appearance of 2 pro-nuclei; * * * * * precursor cell means a cell that has the potential to develop into a human egg or human sperm; private hospital has the same meaning as in the Health Services Act 1988; proprietor in relation to a private hospital or day procedure centre, has the same meaning as in the Health Services Act 1988; public hospital has the same meaning as in the Health Services Act 1988; research includes- (a) an experimental procedure or clinical trial; * * * * * Secretary means- (a) in relation to any act to which section 6(3) of the Health Act 1958 applies, the body corporate established by section 6 of that Act; or (b) in any other case, the Secretary to the Department of Human Services; sperm means sperm from a man; 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 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; store means- (a) to freeze an oocyte, embryo, or sperm; or (b) to otherwise preserve an oocyte, embryo, or sperm by a prescribed method; surrogacy agreement means an agreement, arrangement or understanding, whether formal or informal, under which- (a) a woman agrees (whether or not for payment or reward) with another person to become or try to become pregnant, with the intention- (i) that a child born as a result of the pregnancy is to be treated as the child, not of her, but of another person or persons (whether by adoption, agreement or otherwise); or (ii) of transferring custody or guardianship in a child born as a result of the pregnancy to another person or persons; or (iii) that the right to care for a child born as result of the pregnancy be permanently surrendered to another person or persons; (b) a pregnant woman agrees (whether or not for payment or reward) with another person- (i) that a child born as a result of the pregnancy is to be treated as a child, not of her, but of another person or persons (whether by adoption, agreement or otherwise); or (ii) to transfer custody or guardianship in a child born as a result of the pregnancy to another person or persons; or (iii) that the right to care for a child born as a result of the pregnancy be permanently surrendered to another person or persons; * * * * * the NHMRC means the National Health and Medical Research Council established by the National Health and Medical Research Council Act 1992 of the Commonwealth; treatment procedure means- (a) artificial insemination of a woman with sperm from a man who is not the husband of the woman; or (b) a fertilisation procedure; university has the meaning that it has in the Education and Training Reform Act 2006; 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; woman means a female human. * * * * * (1A) 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 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. (1B) 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 embryo is suspended is to be disregarded. (1C) 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 process of fertilisation of a human egg by human sperm. (1D) In this Act, a reference to an embryo is a reference to a human embryo, unless the contrary intention appears. (1E) A reference in this Act to an embryo (including a human embryo) is a reference to a living embryo. (1F) A reference in this Act to a human egg is a reference to a human oocyte. (1G) 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. (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 not include a reference to the husband or wife to whom the man or woman is married. (3) If under the Public Administration Act 2004 the name of the Department of Human Services is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. Infertility Treatment Act 1995 - SECT 4 Interpretation 4. Interpretation (1) In this Act, unless the contrary intention appears, a reference to- (a) a kind of procedure; or (b) a kind of fertilisation procedure; or (c) a kind of treatment procedure; or (d) a procedure, fertilisation procedure or treatment procedure of a particular kind- includes- (e) the nature or type of procedure or transfer; and (f) whether the procedure involves the use of a donor oocyte or donor sperm, or an embryo formed from sperm or an oocyte of a donor (or both); and (g) in relation to a consent, objection or withdrawal of consent or objection of a donor or his or her spouse, whether- (i) a gamete or embryo may be used in a treatment procedure to be carried out on a woman who is not the donor or the spouse of the donor; and (ii) a gamete or embryo may be used in such a procedure to be carried out on any woman, or only on a named woman. (2) In sections 62, 63, 66 and 82 and in any prescribed provision, unless the contrary intention appears, a reference to the husband of a woman who has undergone a treatment procedure, fertilisation procedure, donor treatment procedure, artificial insemination or donor insemination includes a reference to a man who was the woman's husband when the procedure was carried out. Infertility Treatment Act 1995 - SECT 5 Guiding principles 5. Guiding principles (1) It is Parliament's intention that the following principles be given effect in administering this Act, carrying out functions under this Act, and in the carrying out of activities regulated by this Act- (a) the welfare and interests of any person born or to be born as a result of a treatment procedure are paramount; (b) human life should be preserved and protected; (c) the interests of the family should be considered; (d) infertile couples should be assisted in fulfilling their desire to have children. (2) These principles are listed in descending order of importance and must be applied in that order. Infertility Treatment Act 1995 - SECT 5A Act to bind the Crown 5A. 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. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence. _______________ Infertility Treatment Act 1995 - PART 2 PART 2 TREATMENT PROCEDURES Division 1-General Infertility Treatment Act 1995 - SECT 6 Fertilisation procedures 6. Fertilisation procedures A person may only carry out a fertilisation procedure if- (a) he or she is a doctor who is approved under Part 8 to carry out a fertilisation procedure of the kind carried out; and (b) he or she is satisfied that the requirements of Divisions 2, 3 and 4 and section 36 have been met; and (c) the procedure is carried out at a place licensed under Part 8 for the carrying out of that kind of fertilisation procedure. Penalty: 480 penalty units or 4 years imprisonment or both. Infertility Treatment Act 1995 - SECT 7 Donor insemination 7. Donor insemination (1) A person may only carry out artificial insemination of a woman using sperm from a man who is not the husband of the woman at a place other than a hospital or centre licensed under Part 8 for the carrying out of donor insemination if he or she- (a) is a doctor who is approved under Part 8 to carry out donor insemination; and (b) is satisfied that the requirements of Divisions 2, 3 and 4 and section 36 have been met. Penalty: 480 penalty units or 4 years imprisonment or both. (2) A person may only carry out artificial insemination of a woman using sperm from a man who is not the husband of the woman at a place that is a hospital or centre licensed under Part 8 for the carrying out of donor insemination- (a) if- (i) he or she is a doctor who is approved under Part 8 to carry out donor insemination; or (ii) the woman on whom the insemination is to be carried out is in the charge of a doctor who is approved under Part 8 to carry out donor insemination; and (b) in either case, that doctor is satisfied that the requirements of Divisions 2, 3 and 4 and section 36 have been met. Penalty: 480 penalty units or 4 years imprisonment or both. Division 2-General requirements for treatment procedures Infertility Treatment Act 1995 - SECT 8 Persons who may undergo treatment procedures 8. Persons who may undergo treatment procedures (1) A woman who undergoes a treatment procedure must- (a) be married and living with her husband on a genuine domestic basis; or (b) be living with a man in a de facto relationship. (2) Before a woman undergoes a treatment procedure she and her husband must consent to the carrying out of the kind of procedure to be carried out. (3) Before a woman undergoes a treatment procedure- (a) a doctor must be satisfied, on reasonable grounds, from an examination or from treatment he or she has carried out that the woman is unlikely to become pregnant from an oocyte produced by her and sperm produced by her husband other than by a treatment procedure; or (b) a doctor, who has specialist qualifications in human genetics, must be satisfied, from an examination he or she has carried out, that if the woman became pregnant from an oocyte produced by her and sperm produced by her husband, a genetic abnormality or a disease might be transmitted to a person born as a result of the pregnancy. Infertility Treatment Act 1995 - SECT 9 Requirements as to consent 9. Requirements as to consent (1) A consent under section 8- (a) must be in writing; and (b) must specify that the woman and her husband have consented to undergo the kind of treatment procedure specified in the consent; and (c) must not have been withdrawn or have lapsed when the procedure takes place. (2) The person giving the consent must lodge the consent or cause the consent to be lodged- (a) with the designated officer of the licensed centre where the procedure is to take place; or (b) if the procedure is to take place at a place other than a licensed centre, with the doctor in charge of the woman's case. Infertility Treatment Act 1995 - SECT 10 Information 10. Information (1) Before a woman consents to undergo a treatment procedure the doctor in charge of the woman's case must give to the woman and her husband- (a) a list of counsellors who have been approved under Part 8 to give counselling to women undergoing treatment procedures and their husbands; and (b) enough information about the procedure and the alternatives to the procedure to enable the woman and her husband to make an informed decision about whether or not to undergo the procedure. (2) Before a woman undergoes a treatment procedure, she and her husband must give the prescribed information required to be recorded in the Register under section 62 or 63 for women undergoing treatment procedures and their husbands. Infertility Treatment Act 1995 - SECT 11 Counselling 11. Counselling (1) Before a woman consents to undergo a treatment procedure, she and her husband must have received counselling (including counselling in relation to the prescribed matters) from a counsellor who has been approved under Part 8 to give counselling to women undergoing treatment procedures and their husbands. (2) Before a woman undergoes a treatment procedure, the doctor in charge of that woman's case must take all reasonable steps to ensure that a counsellor who has been approved under Part 8 to give counselling to women undergoing treatment procedures and their husbands is available to give further counselling to the woman and her husband after the procedure is carried out. Division 3-Requirements for donors Infertility Treatment Act 1995 - SECT 12 Donation of gametes or embryos 12. Donation of gametes or embryos (1) Sperm is not to be used in a treatment procedure to be carried out on a woman who is not the wife of the man who produced the sperm, unless, before the sperm is used, that man consented to the use of the sperm in the kind of procedure proposed. (2) An oocyte produced by a woman must not be used in a treatment procedure to be carried out on another woman unless, before the oocyte is used, the woman who produced the oocyte consented to the use of the oocyte in the kind of procedure proposed. (3) An embryo must not be used in a treatment procedure to be carried out on a woman, if the sperm used to form the embryo is not the sperm of the husband of that woman, unless- (a) before the embryo is formed, the man who produced the sperm consented to the use of the sperm to form an embryo to be used in the kind of procedure proposed; or (b) the sperm has already been used to form an embryo outside the body of a woman to be transferred to the wife of the man who produced the sperm or to another woman and- (i) the embryo is not required to be transferred to the body of that woman; and (ii) that man has consented to the use of the embryo in the kind of procedure proposed. (4) An embryo must not be used in a treatment procedure to be carried out on a woman if another woman produced the oocyte used to form the embryo, unless- (a) before the embryo is formed, the woman who produced the oocyte consented to the use of the oocyte to form an embryo to be used in the kind of procedure proposed; or (b) the oocyte has already been used to form an embryo outside the body of a woman to be transferred to the woman who produced the oocyte or to another woman and- (i) the embryo is not required to be transferred to the body of that woman; and (ii) the woman who produced the oocyte has consented to the use of the embryo in the kind of procedure proposed. (5) An embryo must not be used in a treatment procedure to be carried out on a woman if the embryo has been formed from sperm produced by a man who is not the woman's husband and an oocyte produced by another woman unless the requirements of subsections (3) and (4) are met. Infertility Treatment Act 1995 - SECT 13 Consent of spouse of donor 13. Consent of spouse of donor (1) If a donor who gives a consent under section 12 is, at the time consent is given, married or living in a de facto relationship, the oocyte, sperm or embryo in respect of which consent has been given must not be used unless the spouse of the donor also consented to the kind of treatment procedure to be carried out. (2) If- (a) the spouse of a donor has consented under subsection (1); and (b) the donor and that spouse cease to live together as husband and wife on a genuine domestic basis after the spouse has given that consent; and (c) a procedure which has been consented to is to be carried out after the donor and that spouse have ceased to live together as husband and wife on a genuine domestic basis- this Act applies to that procedure as if the donor was not, at the time the donor gave consent, married or living in a de facto relationship. (3) Despite subsection (1), the consent of the spouse of a donor is not required where the donor and that spouse are no longer living together as husband and wife on a genuine domestic basis. (4) This section does not apply if the embryo is formed from gametes of a woman and a man who are married to each other or are living together in a de facto relationship (as the case requires) and who have both consented under section 12. Infertility Treatment Act 1995 - SECT 14 Requirements as to consent 14. Requirements as to consent (1) A consent under section 12 or 13- (a) must be in writing; and (b) must specify that the donor and, if the case so requires, the donor's spouse, have consented to the use of the oocyte, sperm or embryo, as the case so requires, in a treatment procedure of a particular kind on a woman other than the donor or the wife of the donor; and (c) must not have been withdrawn or have lapsed when the procedure takes place. (2) A consent under section 12 or 13 may specify that the gamete or embryo may only be used in a treatment procedure to be carried out on a specified woman. (3) A person giving consent to the use of sperm or an oocyte produced by that person or the spouse of that person must lodge the consent or cause the consent to be lodged- (a) if the donation is made- (i) at a licensed centre, with the designated officer of the licensed centre; or (ii) at a place other than a licensed centre, with a doctor approved under Part 8 to carry out donor insemination and who carries out donor insemination at that place; or (b) where the sperm or oocyte is kept or stored; or (c) in accordance with the regulations. (4) A person giving consent to the use of an embryo formed from sperm or an oocyte produced by that person or the spouse of that person must lodge the consent or cause the consent to be lodged with the designated officer of the licensed centre where the embryo is kept or stored. Infertility Treatment Act 1995 - SECT 15 Objection by later spouse 15. Objection by later spouse (1) If- (a) after the donor has given consent under section 12 in respect of an oocyte, sperm or embryo, the donor marries or commences living in a de facto relationship; and (b) the spouse of the donor objects to the use of the oocyte, sperm or embryo in any treatment procedure, or a treatment procedure of a particular kind or in a particular case- the oocyte, sperm or embryo must not be used in any treatment procedure, or in a treatment procedure of the particular kind or in a particular case, as the case requires. (2) An objection- (a) must be in writing; and (b) must be lodged- (i) at the place where the consent of the donor was lodged; or (ii) at the place where the sperm, oocyte or embryo to which the consent relates is kept or stored or where it is to be used; or (iii) in accordance with the regulations. (3) An objection may be withdrawn at any time. (4) The withdrawal of an objection- (a) must be in writing; and (b) must be lodged- (i) at the place where the objection was lodged; or (ii) at the place where the sperm, oocyte or embryo to which the consent relates is kept or stored or where it is to be used; or (iii) in accordance with the regulations. (5) An objection by a spouse of a donor (whether married or living together in a de facto relationship) lapses if the donor and that spouse are no longer living together as husband and wife on a genuine domestic basis. Infertility Treatment Act 1995 - SECT 16 Counselling requirements 16. Counselling requirements Before a person gives consent under section 12 or 13, he or she must have received counselling (including counselling in relation to the prescribed matters) from a counsellor who has been approved under Part 8 to give counselling to persons giving consent under section 12 or 13. Infertility Treatment Act 1995 - SECT 17 Requirements as to the giving and receiving of information 17. Requirements as to the giving and receiving of information At the time at which a donor gives consent under section 12, he or she- (a) must give the prescribed information required to be recorded in the Register under section 62 or 63 in relation to donors of gametes or embryos which are to be used in treatment procedures; and (b) must be advised, in writing- (i) of the rights of any person born as a result of a donor treatment procedure, the parents of that person and any other persons to information under Division 3 of Part 7; and (ii) as to the nature of the information about the donor which is recorded in the central register; and (iii) as to the donor's rights to obtain information under Divisions 2 and 3 of Part 7; and (iv) as to the existence and function of the register kept under section 82. Infertility Treatment Act 1995 - SECT 18 Identified donors 18. Identified donors (1) Sperm, an oocyte or an embryo from a named donor may only be used in a treatment procedure if, before the procedure takes place- (a) the woman who is to undergo the procedure and her husband have requested that it be used; and (b) the donor and the spouse of the donor (if any) have consented to its use in the procedure, knowing that the donor has been identified; and (c) the woman and her husband, the donor and the spouse of the donor (if any) have received counselling as to its use from a counsellor approved under Part 8 to give counselling about the use of sperm, oocytes or embryos from named donors. (2) A request under subsection (1) must be- (a) in writing; and (b) made to the doctor who is to carry out the procedure, or, in the case of donor insemination, if the procedure is not to be carried out by a doctor, the doctor in charge of the woman's case. (3) In this section, spouse, in relation to a donor, means a person who was, at the time the donor gave consent under subsection (1)(b), married to the donor and living together as husband and wife on a genuine domestic basis or living in a de facto relationship with the donor. Infertility Treatment Act 1995 - SECT 19 Requirements as to consent to use of gamete etc. from identified donor 19. Requirements as to consent to use of gamete etc. from identified donor (1) A consent under section 18(1)(b)- (a) must be in writing; and (b) must specify that the donor and the spouse of the donor (if any) have consented to the use of the sperm, oocyte or embryo (as the case may be); and (c) must acknowledge that the person is aware that the donor has been identified; and (d) must not have been withdrawn or have lapsed when the procedure takes place. (2) A person giving consent under section 18(1)(b), where the consent relates to the use of gametes in the treatment procedure, must lodge the consent or cause the consent to be lodged- (a) if the consent is given- (i) at a licensed centre, with the designated officer of the licensed centre; or (ii) at a place other than a licensed centre, with a doctor approved under Part 8 to carry out donor insemination; or (b) where the gametes are kept or stored; or (c) in accordance with the regulations. (3) A person giving consent under section 18(1)(b), if the consent relates to the use of an embryo in the treatment procedure, must lodge the consent or cause the consent to be lodged with the designated officer of the licensed centre where the embryo is kept or stored. (4) In this section, spouse, in relation to a donor, means a person who was, at the time the donor gave consent under section 18(1)(b), married to the donor and living together as husband and wife on a genuine domestic basis or living in a de facto relationship with the donor. Division 4-Requirements for donor treatment procedures Infertility Treatment Act 1995 - SECT 20 Circumstances in which donor procedure may be used 20. Circumstances in which donor procedure may be used (1) A treatment procedure must not be carried out on a woman involving the use of sperm produced by a man who is not the woman's husband or of an embryo formed from an oocyte produced by that woman and sperm produced by a man who is not her husband unless- (a) the woman is unlikely to become pregnant from the sperm of her husband or from an embryo formed from his sperm; or (b) if the woman became pregnant from the sperm of her husband or from an embryo formed from his sperm, a genetic abnormality or a disease might be transmitted to a person born as a result of that pregnancy. (2) A treatment procedure must not be carried out on a woman involving the use of an embryo formed from sperm of the woman's husband and an oocyte produced by another woman or of an oocyte produced by another woman unless- (a) the woman who is to undergo the procedure is unlikely to become pregnant from an oocyte produced by her or from an embryo formed from an oocyte produced by her; or (b) if the woman who is to undergo the procedure became pregnant from an oocyte produced by her or from an embryo formed from an oocyte produced by her, a genetic abnormality or a disease might be transmitted to a person born as a result of that pregnancy. (3) A treatment procedure must not be carried out on a woman involving the use of both sperm produced by a man who is not the woman's husband and an oocyte produced by another woman, or an embryo formed from sperm produced by a man who is not the woman's husband and an oocyte produced by another woman unless- (a) the woman who is to undergo the procedure is unlikely to become pregnant from both the sperm of her husband and an oocyte produced by her or from an embryo formed from such sperm and such an oocyte; or (b) if the woman who is to undergo the procedure became pregnant from both the sperm of her husband and an oocyte produced by her or from an embryo formed from such sperm and such an oocyte, a genetic abnormality or a disease might be transmitted to a person born as a result of that pregnancy from the use of both the sperm and the oocyte. Infertility Treatment Act 1995 - SECT 21 Information and advice 21. Information and advice Before a woman undergoes a donor treatment procedure, she and her husband must be advised, in writing- (a) of the rights of any person born as a result of that procedure, the donor and any other persons to information under Division 3 of Part 7; and (b) as to the nature of the information about the woman and her husband which is recorded in the central register; and (c) as to the effect of section 67; and (d) as to the woman's and her husband's rights to obtain information under Divisions 2 and 3 of Part 7; and (e) as to the existence and function of the register kept under section 82. _______________ Infertility Treatment Act 1995 - PART 2A PART 2A REGULATION OF CERTAIN USES INVOLVING EXCESS ART EMBRYOS, OTHER EMBRYOS AND HUMAN EGGS Division 1-Interpretation Infertility Treatment Act 1995 - SECT 21A Definitions 21A. Definitions In this Part- accredited ART centre means a person or body accredited to carry out assisted reproductive technology by- (a) the Reproductive Technology Accreditation Committee of the Fertility Society of Australia; or (b) if the regulations prescribe another body or other bodies in addition to, or instead of, the body mentioned in paragraph (a)-that other body or any of those other bodies, as the case requires; AHEC means the Australian Health Ethics Committee established by the National Health and Medical Research Council Act 1992 of the Commonwealth; confidential commercial information means information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; disclose, in relation to information, means give or communicate in any way; excess ART embryo has the meaning given by section 21B; HREC means a Human Research Ethics Committee; licence means a licence issued under section 21I; proper consent, in relation to the use of an excess ART embryo or a human egg, or the creation or use of any other embryo, means consent obtained in accordance with guidelines issued by the Chief Executive Officer of the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the regulations under the Commonwealth Act for the purposes of the definition of proper consent in section 8 of that Act; responsible person means- (a) in relation to an excess ART embryo- (i) each person who provided the egg or sperm from which the embryo was created; and (ii) the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and (iii) any person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that paragraph was provided; and (iv) any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or (b) in relation to an embryo other than an excess ART embryo-each person whose reproductive material, genetic material or cell was used, or is proposed to be used, in the creation or use of the embryo; or (c) in relation to a human egg-the woman who was the biological donor of the egg; unsuitable for implantation, in relation to a human embryo, means a human embryo that- (a) is diagnosed by pre-implantation genetic diagnosis as unsuitable for implantation, in accordance with the Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research (2004), issued by the Chief Executive Officer of the NHMRC; or (b) is determined to be unsuitable for implantation in the body of a woman, in accordance with objective criteria specified in guidelines issued by the Chief Executive Officer of the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the regulations under the Commonwealth Act for the purposes of paragraph (b) of the definition of unsuitable for implantation in section 7(1) of that Act; use includes develop, or development, as the case requires; Infertility Treatment Act 1995 - SECT 21B Meaning of excess ART embryo 21B. Meaning of excess ART embryo (1) In this Part- excess ART embryo means a human embryo that- (a) was created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and (b) is excess to the needs of- (i) the woman for whom it was created; and (ii) her spouse (if any) at the time the embryo was created. (2) For the purposes of paragraph (b) of the definition of excess ART embryo, a human embryo is excess to the needs of the persons mentioned in that paragraph at a particular time if- (a) each such person has given written authority for use of the embryo for a purpose other than a purpose relating to the assisted reproductive technology treatment of the woman concerned, and the authority is in force at that time; or (b) each such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time. Division 2-Offences Infertility Treatment Act 1995 - SECT 21C Offence-use of excess ART embryo 21C. Offence-use of excess ART embryo (1) A person commits an offence if the person intentionally uses an excess ART embryo, unless- (a) the use by the person is authorised by a licence; or (b) the use by the person is an exempt use within the meaning of subsection (3). (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 5 years. (3) A use of an excess ART embryo by a person is an exempt use for the purposes of subsection (1) if- (a) the use consists only of- (i) storage of the excess ART embryo; or (ii) removal of the excess ART embryo from storage; or (iii) transport of the excess ART embryo; or (b) the use consists only of observation of the excess ART embryo; or (c) the use consists only of allowing the excess ART embryo to succumb; or (d) the use is carried out by an accredited ART centre, and- (i) the excess ART embryo is not suitable to be placed in the body of the woman for whom it was created where the suitability of the embryo is determined only on the basis of its biological fitness for implantation; and (ii) the use forms part of diagnostic investigations conducted in connection with the assisted reproductive technology treatment of the woman for whom the excess ART embryo was created; or (e) the use is carried out by an accredited ART centre and is for the purposes of achieving pregnancy in a woman other than the woman for whom the excess ART embryo was created; or (f) the use is of a kind prescribed by the regulations for the purposes of this paragraph. (4) 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 subsection (1) or (3) of this section. (5) In subsection (3)- diagnostic investigation, in relation to an excess ART embryo, means any procedure undertaken on embryos for the sole purpose of diagnostic investigations for the direct benefit of the woman for whom it was created; observation, in relation to an excess ART embryo, includes taking a photograph of the embryo, or taking a recording of the embryo from which a visual image can be produced. Infertility Treatment Act 1995 - SECT 21CA Offence-use of other embryos 21CA. Offence-use of other embryos (1) A person commits an offence if- (a) the person intentionally uses an embryo; and (b) the embryo is- (i) a human embryo created by a process other than the fertilisation of a human egg by a human sperm; or (ii) a human embryo created by a process other than the fertilisation of a human egg by a human sperm that contains genetic material provided by more than 2 persons; or (iii) a human embryo created using precursor cells taken from a human embryo or a human fetus; or (iv) a hybrid embryo; and (c) the use by the person is not authorised by a licence. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 5 years. Note The creation or development of embryos mentioned in this section is prohibited under Part 4A, unless authorised by a licence. Infertility Treatment Act 1995 - SECT 21CB Offence-certain activities involving use of human eggs 21CB. Offence-certain activities involving use of human eggs (1) A person commits an offence if- (a) the person undertakes research or training involving the fertilisation of a human egg by a human sperm up to, but not including, the first mitotic division, outside the body of a woman for the purposes of research or training in ART; and (b) the person is not authorised by a licence to undertake the research or training. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 5 years. Infertility Treatment Act 1995 - SECT 21D Offence-use of embryo that was created by fertilisation and that is not an excess ART embryo 21D. Offence-use of embryo that was created by fertilisation and that is not an excess ART embryo (1) A person commits an offence if- (a) the person intentionally uses, outside the body of a woman, a human embryo- (i) that was created by fertilisation of a human egg by a human sperm; and (ii) that is not an excess ART embryo; and (b) the use is not for a purpose relating to the assisted reproductive technology treatment of a woman carried out by an accredited ART centre, and the person knows or is reckless as to that fact. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 5 years. Infertility Treatment Act 1995 - SECT 21E Offence-breaching a licence condition 21E. Offence-breaching a licence condition (1) A person commits an offence if the person intentionally engages in conduct, knowing that the conduct contravenes a condition of a licence that applies to the person, or reckless as to whether the conduct contravenes a condition of such a licence. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 5 years. (3) In this section- engage in conduct means- (a) do an act; or (b) omit to perform an act. Infertility Treatment Act 1995 - SECT 21EA Person not liable for conduct purportedly authorised 21EA. Person not liable for conduct purportedly authorised (1) To avoid doubt, a person is not criminally responsible for an offence against this Division in respect of particular conduct if- (a) the conduct by the person is purportedly authorised by a provision of a licence; and (b) the licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and (c) the person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision. (2) In this section- licence includes a purported licence. Division 3-Embryo Research Licensing Committee of the NHMRC Infertility Treatment Act 1995 - SECT 21F Functions of Committee 21F. Functions of Committee The functions of the NHMRC Licensing Committee under this Part are- (a) to perform functions in relation to licences under Division 4; and (b) to perform functions in relation to databases under Division 5; and (c) to perform such other functions as are conferred on it by this Part or any other law. Infertility Treatment Act 1995 - SECT 21G Powers of Committee 21G. Powers of Committee The NHMRC Licensing Committee has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Part. Division 4-Licensing system Infertility Treatment Act 1995 - SECT 21H Person may apply for licence 21H. Person may apply for licence (1) A person may apply to the NHMRC Licensing Committee for a licence authorising one or more of the following- (a) use of excess ART embryos; (b) creation of human embryos other than by fertilisation of a human egg by a human sperm, and use of such embryos; (c) creation of human embryos other than by fertilisation of a human egg by a human sperm that contain genetic material provided by more than 2 persons, and use of such embryos; (d) creation of human embryos using precursor cells from a human embryo or a human fetus, and use of such embryos; (e) research and training involving the fertilisation of a human egg by a human sperm up to, but not including, the first mitotic division, outside the body of a woman for the purposes of research or training in ART; (f) creation of hybrid embryos by the fertilisation of an animal egg by a human sperm, and use of such embryos up to, but not including, the first mitotic division, if- (i) the creation or use is for the purposes of testing sperm quality; and (ii) the creation or use will occur in an accredited ART centre. (1A) To avoid doubt, subsection (1)(a), (b), (c) and (d) do not permit the NHMRC Licensing Committee to authorise any use of an excess ART embryo or other embryo that would result in the development of the embryo for a period of more than 14 days, excluding any period when development is suspended. (2) An application under subsection (1)- (a) must be made in accordance with the requirements (if any) specified in writing by the NHMRC Licensing Committee; and (b) must be accompanied by the fee (if any) prescribed by the regulations. Infertility Treatment Act 1995 - SECT 21I Determination of application by Committee 21I. Determination of application by Committee (1) This section applies if a person has made an application under section 21H for a licence. (2) The NHMRC Licensing Committee must decide, in accordance with this section, whether or not to issue the licence. (3) The NHMRC Licensing Committee must not issue the licence unless it is satisfied of the following- (a) that appropriate protocols are in place- (i) to enable proper consent to be obtained before an excess ART embryo or human egg is used, or other embryo is created or used under the licence; and (ii) to enable compliance with any restrictions on such consent; * * * * * (c) that the activity or project proposed in the application has been assessed and approved by a HREC that is constituted in accordance with, and acting in compliance with, the NHMRC National Statement on Ethical Conduct in Research Involving Humans (1999), as in force from time to time. (4) In deciding whether to issue the licence, the NHMRC Licensing Committee must have regard to the following- (a) restricting the number of excess ART embryos, other embryos or human eggs to that likely to be necessary to achieve the goals of the activity or project proposed in the application; (b) the likelihood of significant advance in knowledge or improvement in technologies for treatment as a result of the use of excess ART embryos or human eggs, or the creation or use of other embryos, proposed in the application, which could not reasonably be achieved by other means; (c) any relevant guidelines, or relevant parts of guidelines, issued by the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the regulations under the Commonwealth Act for the purposes of section 21(4)(c) of that Act; (d) the HREC assessment of the application mentioned in subsection (3)(c); (e) such additional matters (if any) as are prescribed by the regulations. Infertility Treatment Act 1995 - SECT 21J Notification of decision 21J. Notification of decision (1) The NHMRC Licensing Committee must notify its decision on an application for a licence under section 21H to the following- (a) the applicant; (b) the HREC that assessed and approved the activity or project proposed in the application as mentioned in section 21I(3)(c); (c) the Authority. (2) If the NHMRC Licensing Committee decides to issue the licence, it must, in addition to issuing the licence to the applicant, give a copy of the licence to the bodies mentioned in subsection (1)(b) and (c). Infertility Treatment Act 1995 - SECT 21K Period of licence 21K. Period of licence (1) A licence- (a) comes into force on the day specified in the licence, or if no day is specified, on the day on which it is issued; and (b) remains in force until the day specified in the licence, unless it is suspended, revoked or surrendered before that day. (2) A licence is not in force throughout any period of suspension. Infertility Treatment Act 1995 - SECT 21L Licence is subject to conditions 21L. Licence is subject to conditions (1) A licence is subject to the condition that before an excess ART embryo or human egg is used, or any other embryo is created or used, as authorised by the licence- (a) each responsible person in relation to the excess ART embryo, human egg or other embryo must have given proper consent to that use; and (b) the licence holder must have reported in writing to the NHMRC Licensing Committee that such consent has been obtained, and any restrictions to which the consent is subject; and * * * * * (2) A licence is subject to the condition that the use of an excess ART embryo or human egg, or the creation or use of any other embryo, must be in accordance with any restrictions to which the proper consent under subsection (1) is subject. * * * * * (4) A licence is subject to such other conditions as are specified in the licence. (5) The conditions specified in the licence may include, but are not limited to, conditions relating to the following- (a) the persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos; (b) the number of excess ART embryos or human eggs authorised to be used under the licence, or the number of other embryos authorised to be created or used under the licence; (c) reporting; (d) monitoring; (e) information to be given by the licence holder to persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos. (6) The licence conditions set out in subsections (1), (2) and (3) apply to all persons who are authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos. (7) Licence conditions specified in the licence apply to- (a) the licence holder; and (b) such other persons authorised by the licence to use excess ART embryos or human eggs, or to create or use other embryos, as are specified in the licence. (8) For the purposes of applying the condition referred to in subsection (1)(a)- (a) a licence may provide that the guidelines referred to in the definition of proper consent apply in a modified form in relation to the use, under the licence, of excess ART embryos that are unsuitable for implantation; and (b) if a licence so provides, the guidelines as modified by the licence have effect in relation to the giving of consent for such creation or use. Example The guidelines could apply to a particular licence in a modified form, to alter the cooling-off period required in relation to the use of excess ART embryos that are unsuitable for implantation. Infertility Treatment Act 1995 - SECT 21M Variation of licence 21M. Variation of licence (1) The NHMRC Licensing Committee may, by notice in writing given to the licence holder, vary a licence if the Committee believes on reasonable grounds that it is necessary or desirable to do so. (2) The NHMRC Licensing Committee may vary a licence under subsection (1) on its own initiative or on application by the licence holder. (3) Without limiting subsection (1), the NHMRC Licensing Committee may vary the licence by specifying additional conditions or varying existing conditions. (4) The NHMRC Licensing Committee must not vary a licence in such a way that, had a person applied under section 21H for the licence as varied, the Committee would not have been permitted by this Part to issue the licence. $$T Infertility Treatment Act 1995 - SECT 21N Suspension or revocation of licence 21N. Suspension or revocation of licence (1) The NHMRC Licensing Committee may, by notice in writing given to the licence holder, suspend or revoke a licence if the Committee believes on reasonable grounds that a condition of the licence has been breached. (2) If a licence holder is convicted of an offence under this Part or Part 4A or under the Commonwealth Act or the Prohibition of Human Cloning Act 2002 of the Commonwealth, the NHMRC Licensing Committee must, by notice in writing given to the licence holder, revoke each licence held by the licence holder. Infertility Treatment Act 1995 - SECT 21O Surrender of licence 21O. Surrender of licence A licence holder may surrender a licence by written notice given to the NHMRC Licensing Committee. Infertility Treatment Act 1995 - SECT 21P Notification of variation, suspension or revocation of licence 21P. Notification of variation, suspension or revocation of licence (1) If the NHMRC Licensing Committee varies, suspends or revokes a licence, the Committee must notify- (a) the licence holder; and (b) the HREC; and (c) the Authority. (2) The NHMRC Licensing Committee must also notify the HREC and the Authority if a licence is surrendered. Division 5-Reporting and confidentiality Infertility Treatment Act 1995 - SECT 21Q NHMRC Licensing Committee to make certain information publicly available 21Q. NHMRC Licensing Committee to make certain information publicly available (1) The NHMRC Licensing Committee must maintain a database containing the following information in relation to each licence (including a licence as varied)- (a) the name of the person to whom the licence was issued; (b) a short statement about the nature of the uses of excess ART embryos or human eggs, and creations or uses of any other embryos, that are authorised by the licence; (c) any conditions to which the licence is subject; (d) the number of excess ART embryos or human eggs authorised to be used under the licence, or the number of other embryos authorised to be created or used under the licence; (e) the date on which the licence was issued; (f) the period throughout which the licence is to remain in force. (2) The database is to be made publicly available. (3) The database may be kept and made publicly available in electronic form. (4) Information mentioned in subsection (1) must not be such as to disclose confidential commercial information. Infertility Treatment Act 1995 - SECT 21R Confidential commercial information may only be disclosed in certain circumstances 21R. Confidential commercial information may only be disclosed in certain circumstances (1) A person commits an offence if- (a) the person discloses confidential commercial information that the person has only because of performing duties or functions under this Part or the Commonwealth Act; and (b) the person knows that the information is confidential commercial information; and (c) the disclosure is not- (i) to a State agency, the Commonwealth or a Commonwealth authority in the course of carrying out duties or functions under this Part or the Commonwealth Act; or (ii) by order of a court; or (iii) with the consent of each person to whom the information has a commercial or other value. (2) A person commits an offence if- (a) the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (1) or this subsection; and (b) the person knows that the information is confidential commercial information; and (c) the disclosure is not- (i) to a State agency, the Commonwealth or a Commonwealth authority in the course of carrying out duties or functions under this Part or the Commonwealth Act; or (ii) by order of a court; or (iii) with the consent of each person to whom the information has a commercial or other value. (3) An offence against subsection (1) or (2) is punishable by imprisonment for a term not exceeding 2 years. (4) In this section- court includes a tribunal, authority or person having power to require the production of documents or the answering of questions; State agency means the following- (a) the Crown in right of the State; (b) a Minister of the State; (c) a State Government department; (d) the Authority or any other instrumentality of the State, including a body corporate established for a public purpose by or under a law of the State; (e) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together- (i) the Crown in right of the State; (ii) a person or body covered by paragraph (b) or (d); (iii) a person or body covered by either subparagraph (i) or (ii). Note For the definition of confidential commercial information, see section 21A. Division 6-Review provisions Infertility Treatment Act 1995 - SECT 21S Meaning of terms 21S. Meaning of terms In this Division- Administrative Appeals Tribunal means the Administrative Appeals Tribunal established by the Administrative Appeals Tribunal Act 1975 of the Commonwealth; decision has the same meaning as in the Administrative Appeals Tribunal Act 1975 of the Commonwealth; eligible person, in relation to a decision of the NHMRC Licensing Committee, means- (a) in relation to a decision under section 21I not to issue a licence-the applicant for the licence; or (b) in relation to a decision in respect of the period throughout which the licence is to be in force under section 21K-the licence holder; or (c) in relation to a decision to specify a licence condition under section 21L(4)-the licence holder; or (ca) in relation to a decision to modify guidelines under section 21L(8) in respect of a licence-the licence holder; or (d) in relation to a decision to vary or refuse to vary a licence under section 21M-the licence holder; or (e) in relation to a decision to suspend or revoke a licence under section 21N-the person who was the licence holder immediately before the suspension or revocation. Infertility Treatment Act 1995 - SECT 21T Review of decisions 21T. Review of decisions (1) An eligible person may apply to the Administrative Appeals Tribunal for review of the following decisions of the NHMRC Licensing Committee- (a) a decision under section 21I not to issue a licence; (b) a decision in respect of the period throughout which the licence is to be in force under section 21K; (c) a decision to specify a licence condition under section 21L(4); (ca) a decision to modify guidelines under section 21L(8) in respect of a licence; (d) a decision to vary or refuse to vary a licence under section 21M; (e) a decision to suspend or revoke a licence under section 21N. (2) This section has effect subject to the Administrative Appeals Tribunal Act 1975 of the Commonwealth. Division 7-Monitoring powers Infertility Treatment Act 1995 - SECT 21U Powers available to inspectors for monitoring compliance 21U. Powers available to inspectors for monitoring compliance (1) For the purpose of finding out whether this Part or the regulations made for the purposes of this Part have been complied with, an inspector may- (a) enter any premises; and (b) exercise the monitoring powers set out in section 21V. (2) An inspector is not authorised to enter premises under subsection (1) unless- (a) the occupier of the premises has consented to the entry; or (b) the premises are premises at which the occupier of the premises is carrying out activities authorised by a licence issued under section 21I, and the entry is at a reasonable time; or (c) the entry is made under a warrant under section 21WA. Infertility Treatment Act 1995 - SECT 21V Monitoring powers 21V. Monitoring powers (1) The monitoring powers that an inspector may exercise under section 21U(1)(b) are as follows- (a) to search the premises and any thing on the premises; (b) to inspect, examine, take measurements of, conduct tests on, or take samples of, any human embryo, other embryo, human egg or thing on the premises that relates to this Part; (c) to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises; (d) to inspect any book, record or document on the premises; (e) to take extracts from or make copies of any such book, record or document; (f) to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises; (g) in addition to the powers mentioned in paragraphs (a) to (f), if the inspector was authorised to enter the premises by a warrant under section 21WA-to require any person in or on the premises to- (i) answer any questions put by the inspector; and (ii) produce any book, record or document requested by the inspector. (2) For the purposes of this Part, monitoring powers include the power to operate equipment at premises to see whether- (a) the equipment; or (b) a disk, tape or other storage device that- (i) is at the premises; and (ii) can be used with the equipment or is associated with it- contains information that is relevant to determining whether there has been compliance with this Part or the regulations made for the purposes of this Part. (3) If the inspector, after operating equipment at the premises, finds that the equipment, or that a tape, disk or other storage device at the premises, contains information mentioned in subsection (2), the inspector may- (a) operate equipment or facilities at the premises to put the information in documentary form and copy the document so produced; or (b) if the information can be transferred to a tape, disk or other storage device that- (i) is brought to the premises; or (ii) is at the premises and the use of which has been agreed to in writing by the occupier of the premises- operate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises. Infertility Treatment Act 1995 - SECT 21W Power to secure 21W. Power to secure If an inspector, during a search of premises, believes on reasonable grounds that there is at the premises a human embryo, another embryo, a human egg or a thing that may afford evidence of the commission of an offence against this Part, the monitoring powers include securing the embryo, the egg or thing pending the obtaining of a warrant (whether by the inspector or by another person) to seize it. Infertility Treatment Act 1995 - SECT 21WA Monitoring warrants 21WA. Monitoring warrants (1) An inspector may apply to a magistrate for the issue of a warrant under this section in relation to premises. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied by evidence on oath, whether oral or by affadavit, that it is reasonably necessary that one or more inspectors should have access to the premises for the purposes of finding out whether this Part or the regulations made for the purposes of this Part have been complied with. (3) The magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought. (4) The warrant must- (a) authorise one or more inspectors (whether or not named in the warrant) with such assistance and by such force as is necessary and reasonable- (i) to enter the premises; and (ii) to exercise the powers set out in section 21V in relation to the premises; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than 15 days after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. (5) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section. Infertility Treatment Act 1995 - SECT 21WB Details of warrant to be given to occupier etc. 21WB. Details of warrant to be given to occupier etc. (1) If a warrant under section 21WA is being executed and the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the inspector must make available to that person a copy of the warrant. (2) The inspector must identify himself or herself to that person. (3) The copy of the warrant referred to in subsection (1) need not include the signature of the magistrate who issued the warrant. Infertility Treatment Act 1995 - SECT 21WC Announcement before entry 21WC. Announcement before entry An inspector must, before entering premises under a warrant- (a) announce that he or she is authorised to enter the premises; and (b) give any person at the premises an opportunity to allow entry to the premises. Infertility Treatment Act 1995 - SECT 21WD Occupier entitled to be present during search 21WD. Occupier entitled to be present during search (1) If a warrant under section 21WA is being executed and the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the person is entitled to observe the search being conducted. (2) The right to observe the search being conducted ceases if the person impedes the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time. Infertility Treatment Act 1995 - SECT 21X Inspector must produce identity card on request 21X. Inspector must produce identity card on request (1) An inspector is not entitled to exercise any powers under this Part in relation to premises if- (a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and (b) the inspector fails to comply with the requirement. (2) In this section identity card means identity card issued under section 34(1) of the Commonwealth Act. Infertility Treatment Act 1995 - SECT 21Y Consent 21Y. Consent (1) Before obtaining the consent of a person for the purposes of section 21U(2)(a), the inspector must inform the person that he or she may refuse consent. (2) An entry of an inspector by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry. Infertility Treatment Act 1995 - SECT 21Z Compensation for damage 21Z. Compensation for damage (1) The owner of equipment or other facilities is entitled to compensation for damage to the equipment or other facilities if- (a) the damage was caused to the equipment or other facilities as a result of it being operated by an inspector as mentioned in this Part; and (b) the damage was caused as a result of insufficient care being exercised by the inspector operating the equipment or other facilities. (2) Compensation is payable by the NHMRC Licensing Committee. (3) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and the occupier's employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment or other facilities that was appropriate in the circumstances. Infertility Treatment Act 1995 - SECT 21ZA Extended operation of Division 21ZA. Extended operation of Division A reference in this Division to this Part includes a reference to Part 4A, and a reference in this Division to regulations made for the purposes of this Part includes a reference to regulations made for the purposes of Part 4A. __________________ Infertility Treatment Act 1995 - PART 3 PART 3 RESEARCH Division 1-Offences Infertility Treatment Act 1995 - SECT 22 Research 22. Research (1) A person may only- (a) carry out research, outside the body of a woman, involving the formation or use of an oocyte in the process of fertilisation; or (b) carry out research, outside the body of a woman, involving an embryo- if- (c) he or she is- (i) a doctor or scientist who has been approved under Part 8 to carry out that kind of research; or (ii) a person working under the direction and supervision of a doctor or scientist who has been approved under Part 8 to carry out that kind of research and who is responsible for the carrying out of that research; and (d) the research is approved research; and (e) the research is conducted in accordance with the approval; and (f) he or she is satisfied that the requirements of Division 2 and section 36 have been met. Penalty: 480 penalty units or 4 years imprisonment or both. * * * * * (3) A person may only carry out research, outside the body of a woman, involving the use of an oocyte or sperm, which is not research under subsection (1), if he or she is satisfied that the requirements of Division 4 and section 36 have been met. Penalty: 240 penalty units or 2 years imprisonment or both. Infertility Treatment Act 1995 - SECT 23 Places for research 23. Places for research A person may only undertake approved research described in section 22 at a place licensed for the purpose under Part 8. Penalty: 480 penalty units or 4 years imprisonment or both. Infertility Treatment Act 1995 - SECT 24 Ban on destructive research on non-excess ART embryos 24. Ban on destructive research on non-excess ART embryos A person must not carry out research, outside the body of a woman, involving the use of an embryo- (a) if the embryo is unfit for transfer to a woman; or (b) in the case of an embryo which is fit for transfer to a woman, if the research would- (i) harm the embryo; or (ii) make the embryo unfit for transfer to a woman; or (iii) reduce the likelihood of a pregnancy resulting from the transfer of the embryo. Penalty: 480 penalty units or 4 years imprisonment or both. Infertility Treatment Act 1995 - SECT 25 Authority must not approve destructive research on non-excess ART embryos 25. Authority must not approve destructive research on non-excess ART embryos The Authority must not approve the carrying out of research outside the body of a woman involving the use of an embryo if it considers that- (a) the embryo is unfit for transfer to a woman; or (b) in the case of an embryo which is fit for transfer to a woman, the research would- (i) harm the embryo; or (ii) make the embryo unfit for transfer to a woman; or (iii) reduce the likelihood of a pregnancy resulting from transfer of the embryo; or (iv) otherwise be an offence under this Act. Infertility Treatment Act 1995 - SECT 26 Authority must not approve certain research on oocytes in the process of fertilisation 26. Authority must not approve certain research on oocytes in the process of fertilisation The Authority must not approve the carrying out of research involving the formation or use of an oocyte in the process of fertilisation if the research proposes that the oocyte continue to develop into a human embryo. Division 2-Preliminary requirements for research involving embryos Infertility Treatment Act 1995 - SECT 27 Consent to research involving embryos 27. Consent to research involving embryos * * * * * (2) Research involving an embryo under section 22(1)(b) must not be carried out unless- (a) the embryo was formed for use in a treatment procedure; and * * * * * (c) before the research begins, each person who produced a gamete which was used to form the embryo consented to the use of the embryo for the carrying out of the particular procedure which the person who is to conduct the research intends to carry out; and (d) the research will be carried out in accordance with the terms of each consent. Infertility Treatment Act 1995 - SECT 28 Consent of spouse of donor 28. Consent of spouse of donor (1) If a donor who gives a consent under section 27 is, at the time consent is given, married or living in a de facto relationship, the research must not be carried out unless the spouse of the donor also consented to the use of the gamete or embryo (as the case requires) in the particular procedure to be carried out. (2) If- (a) the spouse of a donor has consented under subsection (1); and (b) the donor and that spouse divorce after the spouse has given that consent; and (c) a procedure which has been consented to is to be carried out after that divorce- this Act applies to that procedure as if the donor was not, at the time the donor gave consent, married or living in a de facto relationship. (3) For the purposes of subsection (2) a donor and spouse divorce- (a) when a decree of dissolution of the marriage becomes absolute under the Family Law Act 1975 of the Commonwealth; or (b) on the granting of a decree of nullity in respect of the marriage by the Family Court of Australia; or (c) on the dissolution or annulment of the marriage in accordance with the law of a place outside Australia, but only if that dissolution or annulment is recognised in Australia under the Family Law Act 1975 of the Commonwealth; or (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. Infertility Treatment Act 1995 - SECT 29 Requirements as to consent 29. Requirements as to consent (1) A consent under section 27 or 28- (a) must be in writing; and (b) must specify that the donor and, if the case so requires, the donor's spouse, have consented to the particular use of the gamete or embryo, as the case so requires, in the research; and (c) must not have been withdrawn or have lapsed when the gamete or embryo is used for the research. (2) A person giving consent under section 27 or 28, must lodge the consent or cause the consent to be lodged with the designated officer of the licensed centre at which the research is to take place. (3) In this section, spouse, in relation to a 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. Infertility Treatment Act 1995 - SECT 30 Objection by later spouse 30. Objection by later spouse (1) If, after a donor has given consent under section 27, he or she marries or commences living in a de facto relationship, the oocyte, sperm or embryo in respect of which consent has been given must not be used in the research if that spouse objects to the use of the oocyte, sperm or embryo. (2) An objection- (a) must be in writing; and (b) must be lodged- (i) at the place where the consent of the donor was lodged; or (ii) at the place where the sperm, oocyte or embryo to which the consent relates is kept or stored or where it is to be used; or (iii) in accordance with the regulations. (3) An objection may be withdrawn at any time. (4) The withdrawal of an objection- (a) must be in writing; and (b) must be lodged- (i) at the place where the objection was lodged; or (ii) at the place where the sperm, oocyte or embryo to which the consent relates is kept or stored or where it is to be used; or (iii) in accordance with the regulations. (5) An objection by a spouse of a donor lapses if the person who made it ceases to be married to the donor or ceases to live in a de facto relationship with the donor (as the case requires). Infertility Treatment Act 1995 - SECT 31 Counselling requirements 31. Counselling requirements Before a person gives consent under section 27 or 28, that person must have received counselling, including counselling in relation to the prescribed matters, from a counsellor who has been approved under Part 8 to give counselling to people who propose to give consent under section 27 or 28. Infertility Treatment Act 1995 - SECT 32 Information requirements 32. Information requirements (1) Before a person gives consent under section 27, he or she- (a) must give the prescribed information required to be recorded in the Register under section 62, for donors of gametes or embryos to be used for research; and (b) must be given enough information about the proposed research from the doctor or scientist carrying out the research to enable him or her to make an informed decision about whether to consent. (2) Before a person gives consent under section 28, he or she must be given enough information about the proposed research from the doctor or scientist carrying out the research to enable him or her to make an informed decision about whether to consent. * * * * * Division 4-Preliminary requirements for other research involving gametes Infertility Treatment Act 1995 - SECT 34 Consent to research using gametes 34. Consent to research using gametes Research involving the use of a gamete (which is not research under section 22(1)) must not be carried out unless- (a) before the gamete is used for research, the person who produced the gamete consented to the use of the gamete for the purpose of research or for the carrying out of the particular procedure which the person who is to conduct the research intends to carry out; and (b) the research will be carried out in accordance with the terms of that consent. Infertility Treatment Act 1995 - SECT 35 Requirements as to consent 35. Requirements as to consent (1) A consent under section 34- (a) must be in writing; and (b) must specify that the donor has consented to the use of the gamete for the particular research or for research generally; and (c) must not have been withdrawn or have lapsed when the procedure using the gamete takes place. (2) A person giving consent under section 34 must lodge the consent or cause the consent to be lodged in accordance with the regulations. Division 5-Application of Part Infertility Treatment Act 1995 - SECT 35A Meaning of research in this Part 35A. Meaning of research in this Part (1) In this Part, research, in relation to an excess ART embryo within the meaning of Part 2A, does not include a use of the embryo for which a licence is required under that Part. (2) Research comprised of a use of an excess ART embryo within the meaning of Part 2A for which a licence is required under that Part may only be carried out in accordance with that Part. _______________ Infertility Treatment Act 1995 - PART 4 PART 4 PROCEDURES RELATING TO CONSENTS Infertility Treatment Act 1995 - SECT 36 Approved form to be used 36. Approved form to be used (1) If the Authority has approved a form for the giving of consent, a person giving consent under Part 2 or 3 must give it on the approved form. (2) The Authority may approve a different form according to place, class of person, type of procedure or other circumstance. Infertility Treatment Act 1995 - SECT 37 Withdrawal of consent 37. Withdrawal of consent (1) A person who gives a consent under Part 2 or 3 may withdraw it at any time before the procedure or action consented to is carried out. (2) A withdrawal of consent under this section must be in writing. (3) A person withdrawing a consent must lodge the withdrawal or cause the withdrawal to be lodged as soon as practicable- (a) at the place where the consent was lodged; or (b) at the place where the sperm, oocyte or embryo to which the consent relates is kept or stored or where it is to be used; or (c) in accordance with the regulations. Infertility Treatment Act 1995 - SECT 38 Lapsing of consent 38. Lapsing of consent (1) In the case of donor gametes, the consent of the donor and the spouse (if any) of the donor given under Part 2 or Part 3 lapses- (a) 10 years after it has been given; or (b) if any lesser period has been specified in the consent by the person who gave the consent, at the end of that period. (2) In the case of a donor embryo, the consent of each donor and the spouse (if any) of each donor under Part 2 or Part 3 lapses- (a) 5 years after it has been given; or (b) if any lesser period has been specified in the consent by the person who gave the consent, at the end of that period. _______________ Infertility Treatment Act 1995 - PART 4A PART 4A PROHIBITED PRACTICES INCLUDING PROHIBITION ON HUMAN CLONING FOR REPRODUCTION Division 1-Practices that are completely prohibited * * * * * Infertility Treatment Act 1995 - SECT 38B Offence-placing a human embryo clone in the human body or the body of an animal 38B. Offence-placing a human embryo clone in the human body or the body of an animal (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 not exceeding 15 years. Infertility Treatment Act 1995 - SECT 38C Offence-importing or exporting a human embryo clone 38C. Offence-importing or exporting a human embryo clone (1) A person commits an offence if the person intentionally imports a human embryo clone into 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 indictable offence punishable by imprisonment for a term not exceeding 15 years. Infertility Treatment Act 1995 - SECT 38D No defence that human embryo clone could not survive 38D. No defence that human embryo clone could not survive It is not a defence to an offence under section 38B or 38C that the human embryo clone did not survive or could not have survived. * * * * * * * * * * Infertility Treatment Act 1995 - SECT 38F Offence-creating a human embryo for a purpose other than achieving pregnancy in a woman 38F. Offence-creating a human embryo for a purpose other than achieving pregnancy in a woman (1) A person commits an offence if the person 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 attempt to achieve pregnancy in a particular woman. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term 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 subsection (1) of this section. Infertility Treatment Act 1995 - SECT 38G Offence-creating or developing a human embryo by fertilisation that contains genetic material provided by more than 2 persons 38G. 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- (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 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. Infertility Treatment Act 1995 - SECT 38H Offence-developing a human embryo outside the body of a woman for more than 14 days 38H. Offence-developing a human embryo outside the 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 is suspended. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 15 years. * * * * * Infertility Treatment Act 1995 - SECT 38J Offence-heritable alterations to genome 38J. 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 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. (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 offence punishable by imprisonment for a term not exceeding 15 years. Infertility Treatment Act 1995 - SECT 38K Offence-collecting a viable human embryo from the body of a woman 38K. Offence-collecting a viable human embryo from the body of a woman (1) A person commits an offence if the person 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 not exceeding 15 years. Infertility Treatment Act 1995 - SECT 38L Offence-creating a chimeric or hybrid embryo 38L. Offence-creating a chimeric or hybrid embryo (1) A person commits an offence if the person intentionally creates a chimeric embryo. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 15 years. * * * * * Infertility Treatment Act 1995 - SECT 38LA Offence-developing a hybrid embryo 38LA. 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 when development is suspended. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 15 years. Infertility Treatment Act 1995 - SECT 38M Offence-placing of an embryo 38M. Offence-placing of an embryo (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 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 indictable offence punishable by imprisonment for a term not exceeding 15 years. Infertility Treatment Act 1995 - SECT 38N Offence-importing, exporting or placing a prohibited embryo 38N. Offence-importing, exporting or placing a prohibited embryo (1) A person commits an offence if the person 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 knowing that, or reckless as to whether, the embryo is a prohibited embryo. (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. (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 (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 (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 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 human foetus; or (f) a human embryo that contains a human cell (within the meaning of section 38J) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or (g) a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or (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. Infertility Treatment Act 1995 - SECT 38O Offence-commercial trading in human eggs, human sperm or human embryos 38O. Offence-commercial trading in human eggs, 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. (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. (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 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 incurred by a person before the time when the embryo became an excess ART embryo within the meaning of Part 2A; and (ii) includes, but is not limited to, expenses relating to the storage or transport of the embryo; valuable consideration, in relation to the supply 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 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. Division 2-Practices that are prohibited unless authorised by a licence Infertility Treatment Act 1995 - SECT 38OA Offence-creating a human embryo other than by fertilisation, or developing such an embryo 38OA. Offence-creating a human embryo other than by fertilisation, or developing such an embryo (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 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 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 38H. 2. The placement in the human body 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 38B and 38N. Infertility Treatment Act 1995 - SECT 38OB Offence-creating or developing a human embryo containing genetic material provided by more than 2 persons 38OB. Offence-creating or developing a human embryo 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 fertilisation of a human egg by a human sperm; and (b) the human embryo contains genetic material provided by more than 2 persons; and (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 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 38H. 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 38N. Infertility Treatment Act 1995 - SECT 38OC Offence-using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such an embryo 38OC. Offence-using precursor cells from a human embryo or a human fetus to create a human 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 fetus, intending to create a human embryo, or intentionally 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. (2) An offence against subsection (1) is an indictable offence punishable by imprisonment for a term not exceeding 10 years. Infertility Treatment Act 1995 - SECT 38OD Offence-creating a hybrid embryo 38OD. Offence-creating a hybrid embryo (1) A person commits an offence if the person intentionally creates a hybrid embryo. (2) A person commits an offence if the person intentionally develops a hybrid embryo. (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. (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 section 21I- (a) for the purposes of testing sperm quality in an accredited ART centre-up to, but not including, the first mitotic division; or (b) in the case of a hybrid embryo created by introducing the nucleus of a human cell into an animal egg-for not longer than 14 days. __________________ Infertility Treatment Act 1995 - PART 5 PART 5 OTHER MISCELLANEOUS OFFENCES Division 1-Prohibited procedures Infertility Treatment Act 1995 - SECT 38P Application of Division 38P. Application of Division In this Division- (a) embryo does not include an excess ART embryo within the meaning of Part 2A; and (b) research does not include a use of an excess ART embryo for which a licence is required under that Part. * * * * * Infertility Treatment Act 1995 - SECT 40 Transfer of gametes or embryos used for research 40. Transfer of gametes or embryos used for research (1) A person must not transfer to the body of a woman- (a) a gamete used for research; or (b) an embryo formed from a gamete used for research; or * * * * * (d) an embryo used for research- unless that person has first obtained the approval of the Authority to do so, and conducts the transfer in accordance with the terms and conditions of the approval. Penalty: 240 penalty units or 2 years imprisonment or both. (2) An approval under subsection (1) must be in writing and is subject to any terms and conditions the Authority sees fit to impose. Infertility Treatment Act 1995 - SECT 41 Ban on procedures involving gametes produced by children 41. Ban on procedures involving gametes produced by children A person must not use for a treatment procedure or research- (a) a gamete produced by a person less than 18 years old; or (b) an embryo formed from gametes produced by a person less than 18 years old- except in accordance with the regulations. Penalty: 240 penalty units or 2 years imprisonment or both. * * * * * Infertility Treatment Act 1995 - SECT 43 Ban on procedures involving gametes of people known to be dead 43. Ban on procedures involving gametes of people known to be dead A person must not- (a) inseminate a woman with sperm from a man known to be dead; or (b) transfer to a woman a gamete from a person known to be dead. * * * * * * * * * * Penalty: 240 penalty units or 2 years imprisonment or both. * * * * * Infertility Treatment Act 1995 - SECT 46 Ban on certain procedures 46. Ban on certain procedures (1) A person must not carry out a treatment procedure- (a) using sperm produced by more than one person or oocytes produced by more than one person; or (b) in which more than one embryo is used if the gametes from which each embryo is formed are not produced by the same two people. * * * * * Penalty: 240 penalty units or 2 years imprisonment or both. * * * * * * * * * * Infertility Treatment Act 1995 - SECT 50 Ban on sex selection 50. Ban on sex selection (1) If a person is carrying out artificial insemination or a treatment procedure, that person must not- (a) use a gamete or embryo; or (b) perform the procedure in a particular manner- with the purpose or a purpose of producing or attempting to produce a child of a particular sex. Penalty: 240 penalty units or 2 years imprisonment or both. (2) Subsection (1) does not apply if it is necessary for the child to be of a particular sex so as to avoid the risk of transmission of a genetic abnormality or a disease to the child. Division 2-Storage Infertility Treatment Act 1995 - SECT 50A Application of Division 50A. Application of Division In this Division- (a) embryo does not include an excess ART embryo within the meaning of Part 2A; and (b) research does not include a use of an excess ART embryo for which a licence is required under that Part. Infertility Treatment Act 1995 - SECT 51 Storing gametes 51. Storing gametes (1) A person must not cause or permit gametes to remain in storage- (a) if the person knows that the person who produced the gametes has asked for those gametes to be removed; or (b) in any other case- (i) for more than 10 years; or (ii) if the Authority has approved a longer storage period, for more than that approved period. Penalty: 240 penalty units or 2 years imprisonment or both. (2) The Authority may approve in writing a longer storage period if it considers that there are reasonable grounds to do so in the particular case. (3) An approval under subsection (2) may be subject to conditions. Infertility Treatment Act 1995 - SECT 52 Storing embryos 52. Storing embryos (1) A person must not cause or permit an embryo to be placed or remain in storage. Penalty: 240 penalty units or 2 years imprisonment or both. (2) Subsection (1) does not apply if- (a) it is intended to transfer the embryo to the body of a woman in a treatment procedure in accordance with this Act; and (b) the persons who have produced the gametes from which the embryo has been formed have consented to its storage for the purpose of later transfer. (3) A consent under subsection (2)(b)- (a) must be in writing; and (b) must be lodged as soon as practicable after the consent has been given with the person storing the embryo. (4) A person must not cause or permit an embryo to which subsection (2) applies to remain in storage- (a) if a person who has consented to storage has specified a period of less than 5 years, after that period; or (b) in any other case, after- (i) 5 years; or (ii) any longer period approved by the Authority. Penalty: 240 penalty units or 2 years imprisonment or both. (5) The Authority may approve in writing a longer period for storage of an embryo if it considers that there are reasonable grounds for doing so in the particular case. (6) An approval under subsection (5) may be subject to conditions. Infertility Treatment Act 1995 - SECT 53 Removal of embryos from storage 53. Removal of embryos from storage (1) A person must not remove an embryo from storage or cause or permit an embryo to be so removed unless- (a) it is to be used, in accordance with this Act, in a treatment procedure; or (b) it is to be used, in accordance with this Act, for approved research; or (c) one or both of the persons who produced the gametes from which the embryo is formed, die; or (d) consent to its removal has been given to the designated officer in writing by both of the persons who produced the gametes from which the embryo is formed and if either of those persons is, at the time of giving of the consent, married or living in a de facto relationship, the consent of that person's spouse for the removal must also be given to the designated officer in writing; or (e) it is required to be removed by reason of the operation of section 52(4) or Part 14. Penalty: 480 penalty units or 4 years imprisonment or both. (2) A person who removes from storage an embryo which is not to be used for a treatment procedure or approved research must ensure that- (a) it is not removed from its container (except for the sole purpose of observing the embryo); and (b) it is disposed of in accordance with the regulations. Penalty: 240 penalty units or 2 years imprisonment or both. Infertility Treatment Act 1995 - SECT 54 Places of storage 54. Places of storage A person must not- (a) store an embryo; or (b) store a gamete to be used in a treatment procedure; or (c) store a gamete to be used to form an embryo- except at a place licensed for the purpose under this Act. Penalty: 480 penalty units or 4 years imprisonment or both. Infertility Treatment Act 1995 - SECT 55 Ban on use of gametes or embryos not stored at licensed centre 55. Ban on use of gametes or embryos not stored at licensed centre If an embryo or gamete has been stored at a place which is not licensed under this Act as a place at which an embryo or gamete (as the case may be) may be stored, a person must not use, in a treatment procedure- (a) that embryo or gamete; or (b) an embryo formed from such a gamete. * * * * * Penalty: 240 penalty units or 2 years imprisonment or both. Division 3-General offences Infertility Treatment Act 1995 - SECT 56 Import or export of gametes and embryos 56. Import or export of gametes and embryos (1) A person must not- (a) bring a gamete or embryo into Victoria outside the human body; or (b) take a gamete or embryo from Victoria outside the human body. Penalty: 240 penalty units or 2 years imprisonment or both. (2) Subsection (1) does not apply if the gamete or embryo is brought into or taken from Victoria in accordance with the written approval of the Authority. (3) The Authority's approval under subsection (2) may apply to a particular case or class of cases and may be subject to conditions imposed by the Authority. (4) If a person has approval under subsection (2) to bring a gamete or embryo into Victoria the Authority may exempt a person in relation to- (a) the gamete or embryo; or (b) the donor of the gamete or embryo- from compliance with sections 14(3) and (4), 15(2) and (4), 16, 17, 18, 19, 36, 37(3), 52(1)(b) and (3) and 55, Division 1 of Part 7 and any other prescribed provision of the Act or the regulations, if the Authority is satisfied that- (c) similar procedures have taken place outside Victoria; and (d) there are special circumstances which warrant the exemption. (5) If a person has approval under subsection (2) to take a gamete or embryo from Victoria the Authority may exempt a person in relation to the gamete or embryo from compliance with sections 52(2) and (3), 53, 89 and 90 and any other prescribed provision of the Act or the regulations, if the Authority is satisfied that- (a) the gamete or embryo will be used in a manner which is consistent with this Act; and (b) there are special circumstances which warrant the exemption. (6) An exemption granted under this section must be made in writing, and may relate to the whole or a part of a provision, and may be subject to conditions. (7) A person granted an approval or exemption under this section must comply with any condition imposed by the Authority under this section. Penalty: 240 penalty units or 2 years imprisonment or both. * * * * * Infertility Treatment Act 1995 - SECT 58 False or misleading information 58. False or misleading information A person must not knowingly or recklessly give false or misleading information or omit to give material information- (a) in an application, consent or request under this Act; or (b) with respect to the giving of information which is required- (i) to be given under this Act; or (ii) to be included in a Register, record or notice under this Act. Penalty: 50 penalty units. _______________ Infertility Treatment Act 1995 - PART 6 PART 6 SURROGATE MOTHERHOOD Infertility Treatment Act 1995 - SECT 59 Surrogacy 59. Surrogacy A person must not make, give or receive or agree to make, give or receive a payment or reward in relation to or under a surrogacy agreement or the arrangement of a surrogacy agreement or an arrangement to act as a surrogate mother. Penalty: 240 penalty units or 2 years imprisonment or both. Infertility Treatment Act 1995 - SECT 60 Surrogacy-advertising 60. Surrogacy-advertising A person must not publish or cause to be published a statement, advertisement, notice or document- (a) to the effect that a person is or may be willing to enter into a surrogacy agreement; or (b) to the effect that a person is seeking another person who is or may be willing to enter into a surrogacy agreement or to act as a surrogate mother or to arrange a surrogacy agreement; or (c) to the effect that a person is or may be willing to arrange a surrogacy agreement; or (d) to the effect that a person is or may be willing to accept any benefit under a surrogacy agreement, whether for himself or herself or for another person; or (e) that is intended or likely to counsel or procure a person to agree to act as a surrogate mother; or (f) to the effect that a person is or may be willing to act as a surrogate mother. Penalty: 240 penalty units or 2 years imprisonment or both. Infertility Treatment Act 1995 - SECT 61 Surrogacy agreements void 61. Surrogacy agreements void A surrogacy agreement is void whether made before or after the commencement of this section. _______________ Infertility Treatment Act 1995 - PART 7 PART 7 RECORDS AND ACCESS TO INFORMATION Division 1-Records Infertility Treatment Act 1995 - SECT 62 Register to be kept for licensed centre 62. Register to be kept for licensed centre (1) The licensee of a licensed centre must keep a Register for that centre at the centre or at another place that is specified in the licence for the centre. Penalty: 50 penalty units. (2) The designated officer of a licensed centre must ensure that there is recorded in the Register, in the prescribed manner, the prescribed information in relation to the following- (a) the donors of gametes and embryos kept or stored at the centre including any known physical abnormality of each donor; (b) the destruction or disposal at the centre of any gametes or embryos formed outside the body of a woman; (ba) any human embryo that becomes an excess ART embryo within the meaning of Part 2A; (c) the formation or attempted formation at the centre of an embryo outside the body of a woman; (d) each woman who undergoes a treatment procedure at the centre and the husband of that woman including any known physical abnormality of the woman or her husband; (e) any treatment procedure carried out on a woman at the centre; (f) the use of a gamete or embryo in a treatment procedure or research under Part 3 at the centre; (g) any gametes or embryos transferred from the centre to another licensed centre or to a doctor who has been approved under Part 8 to carry out donor insemination at a place other than a licensed centre; (h) any gametes or embryos, transferred from another licensed centre or a doctor who has been approved under Part 8 to carry out donor insemination at a place other than a licensed centre to the centre; (i) the collection and storage of gametes or embryos at the centre; (j) the consents and withdrawals of consent to the storage and removal from storage of gametes or embryos at the centre; (k) the bringing into or taking out of the State of any gametes or embryos which have been or are stored or kept at the centre; (l) each consent, objection, withdrawal or lapsing of consent or objection given under this Act for a treatment procedure or research under Part 3 carried out at the centre; (m) any amounts paid to donors in respect of donations made at the centre; (n) the outcome of a treatment procedure, if this information is available at the centre or known to the designated officer, including particulars of- (i) a confirmed pregnancy resulting from a treatment procedure carried out at the centre; and (ii) the miscarriage of a pregnancy from a treatment procedure carried out at the centre or the death of an embryo or foetus carried by a woman as a result of a treatment procedure carried out at the centre; (o) a person born as a result of a treatment procedure at the centre, if this information is available at the centre or known to the designated officer, including particulars of- (i) the birth of the person; and (ii) any physical abnormality of the person, identified at or about the time of birth of the person. Penalty: 50 penalty units. (3) The designated officer must ensure that there is recorded in the Register, in the manner determined by the Authority, any information required to be recorded in the Register by a licence condition imposed by the Authority. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 63 Register to be kept by doctor carrying out donor insemination 63. Register to be kept by doctor carrying out donor insemination (1) A doctor who has been approved under Part 8 to carry out donor insemination at a place other than a licensed centre must keep a Register at premises specified in the approval. Penalty: 50 penalty units. (2) For each artificial insemination of a woman with sperm from a man who is not the husband of the woman carried out by the doctor at a place other than a licensed centre, the doctor must record in the Register, in the prescribed manner, the prescribed information in relation to the following- (a) the insemination; (b) the donor of the sperm used in the insemination, including any known physical abnormality of that donor; (c) the woman who is inseminated with the donated sperm and her husband, including any known physical abnormality of that woman or her husband; (d) any amount paid to the donor of sperm in respect of the donation for the insemination; (e) the outcome of the insemination, if this is known to the doctor, including- (i) a confirmed pregnancy resulting from the insemination; and (ii) the miscarriage of a pregnancy resulting from the insemination or the death of an embryo or a foetus carried by a woman as a result of the insemination; and (f) a person born as the result of the insemination, if this is known to the doctor, including particulars of- (i) the birth of the person; and (ii) any physical abnormality of the person, identified at or about the time of birth of the person. Penalty: 50 penalty units. (3) A doctor who has been approved under Part 8 to carry out donor insemination at a place other than a licensed centre must record in the Register kept by the doctor, in the prescribed manner, the prescribed information relating to the following- (a) the destruction or disposal of any sperm; (b) each consent, withdrawal or lapsing of consent or objection given under this Act for donor insemination; (c) each objection or withdrawal of objection to the use of the donated sperm; (d) any sperm transferred from the premises where an insemination may be carried out; and (e) any sperm kept at the premises where an insemination is to be carried out. (4) The doctor must record in the Register in the manner determined by the Authority, any information required to be recorded in the Register by a condition imposed on the doctor's approval by the Authority. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 64 Information to be given to the Authority by licensed centres 64. Information to be given to the Authority by licensed centres Within one month of the expiration of every prescribed 6 month period, the designated officer of a licensed centre must give to the Authority, in the prescribed manner, the information specified in section 66 with respect to- (a) every birth of a person born as a result of a donor treatment procedure carried out at the centre, which birth becomes known to the designated officer within that 6 month period; (b) every pregnancy which has occurred as a result of a donor treatment procedure carried out at the centre, and which is known to the designated officer within that 6 month period; (c) in the circumstances specified in writing by the Authority, every donor treatment procedure carried out at the centre, where the outcome of that procedure is not known by the designated officer; and (d) any other prescribed circumstances. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 65 Information to be given to the Authority by doctors not at licensed centres 65. Information to be given to the Authority by doctors not at licensed centres Within one month of the expiry of every prescribed 6 month period, a doctor who has been approved under Part 8 to carry out donor insemination at a place other than a licensed centre must give to the Authority, in the prescribed manner, the information specified in section 66 with respect to- (a) every birth of a person born as a result of such a donor insemination carried out by the doctor, which birth becomes known to the doctor within that 6 month period; (b) every pregnancy which has occurred as a result of such a donor insemination carried out by the doctor, and which is known to the doctor within that 6 month period; (c) in the circumstances specified in writing by the Authority, every such donor insemination carried out by the doctor, where the outcome of the procedure is not known by the doctor; and (d) any other prescribed circumstances. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 66 Information to be given under section 64 and 65 66. Information to be given under section 64 and 65 The information to be given under sections 64 and 65 must include the prescribed information in relation to the following- (a) in the case of a birth, the person born as a result of the donor treatment procedure including particulars of any physical abnormality of the person identified at or about the time of his or her birth; (b) in all cases, the donor or donors, including particulars of any known physical abnormality of the donor; (c) in all cases, the woman who underwent the procedure and her husband, including particulars of any known physical abnormality of either person; and (d) in all cases, the procedure. Infertility Treatment Act 1995 - SECT 67 Information to be given to the Authority about births by other persons 67. Information to be given to the Authority about births by other persons (1) If a person has been born as the result of a donor treatment procedure the woman who gave birth or her husband must give written notice in accordance with this section of the birth to the Authority in the prescribed manner. Penalty: 20 penalty units. (2) If a doctor or a registered nurse- (a) attends the birth of a person; and (b) knows that the pregnancy resulted from a donor treatment procedure- the doctor or registered nurse must give written notice of the birth to the Authority in the prescribed manner. Penalty: 20 penalty units. (3) A doctor who- (a) attends a woman during pregnancy and is aware that a person has been born as a result of that pregnancy; and (b) knows that the pregnancy resulted from a donor treatment procedure- must give written notice of the birth to the Authority in the prescribed manner. Penalty: 20 penalty units. (4) A notice under subsection (1), (2) or (3) must include the following- (a) the names of the woman who gave birth and her husband; (b) the name and sex of the person who has been born, and particulars of any physical abnormality of the person identified at or about the time of birth; (c) if- (i) the procedure was performed at a licensed centre, the name of that centre, if known; or (ii) if the procedure was not performed at a licensed centre, the name of the doctor who performed it, if known; (d) any other prescribed information. (5) A person does not commit an offence under this section- (a) if that person reasonably believes that another person has already given a notice under this section which contains all of the information described in subsection (4); or (b) in prescribed circumstances. Infertility Treatment Act 1995 - SECT 68 Authority to keep a central register 68. Authority to keep a central register The Authority must, in the prescribed manner, keep a central register containing the information given to the Authority under this Division and the prescribed information (if any). Infertility Treatment Act 1995 - SECT 69 Authority to correct central register 69. Authority to correct central register (1) A person in respect of whom information is recorded in the central register may, at any time, request the Authority to correct or amend any information on the central register which is inaccurate, incomplete, out of date or misleading. (2) A request under subsection (1)- (a) must be in writing; and (b) must specify the amendment or correction the person wishes to have made and the reasons why the person wishes to have the amendment or correction made. (3) If the Authority is of the opinion that the amendment or correction requested will make the Register more accurate or complete, the Authority must make the amendment or correction to the Register that is necessary in its opinion. (4) The Authority must notify a person who makes a request under this Part of its decision about that request within 30 days of making that decision. Infertility Treatment Act 1995 - SECT 70 Inspection of Registers 70. Inspection of Registers (1) A person of or over 18 years of age in respect of whom information is kept in a Register under this Division may, at any time during ordinary business hours, inspect that information if the information does not also relate to someone else. (2) The parent or guardian of a person under 18 years of age in respect of whom information is kept in a Register under this Division may, at any time during ordinary business hours, inspect that information, if the information does not also relate to someone other than the child. Division 2-Information to be given by licensed centres and doctors Infertility Treatment Act 1995 - SECT 71 Information recorded by licensed centre or doctor which is to be given to persons undergoing donor treatment procedures 71. Information recorded by licensed centre or doctor which is to be given to persons undergoing donor treatment procedures (1) Before a woman undergoes a donor treatment procedure at a licensed centre, the designated officer of the centre must, in writing, offer to give information required to be recorded in the Register kept at the centre to the woman and her husband, about a donor whose gametes or an embryo formed from his or her gametes are to be or may be used in the procedure. Penalty: 50 penalty units. (2) Before a woman undergoes a donor treatment procedure at a licensed centre, she and her husband may ask the designated officer to give to them information required to be recorded in the Register about a donor, being either or both of the following- (a) information about the donor (other than information from which the donor will or may be identified); (b) information which will or may identify the donor. (3) On receiving a request for information under subsection (2)(a), the designated officer must, in writing give to the woman and her husband any such information recorded in the Register kept at the centre. Penalty: 50 penalty units. (4) On receiving a request for information under subsection (2)(b), the designated officer must give any such information recorded in the Register kept at the centre, if the donor has first consented to the giving of that information. Penalty: 50 penalty units. (5) Information given under subsection (4) must be given- (a) in writing; and (b) in accordance with any conditions or limitations imposed by the donor. (6) Before a woman undergoes a donor insemination at a place other than a licensed centre, the doctor who is to carry out the procedure must, in writing, offer to give information required to be recorded in the Register kept by the doctor to the woman and her husband about the donor of the sperm which is to be or may be used. Penalty: 50 penalty units. (7) Before a woman undergoes a donor insemination at a place other than a licensed centre, she and her husband may ask the doctor to give to them information required to be recorded in the Register about the donor, being either or both of the following- (a) information about the donor (other than information from which the donor will or may be identified); (b) information which will or may identify the donor. (8) On receiving a request for information under subsection (7)(a) the doctor must, in writing, give to the woman and her husband any such information recorded in the Register kept by the doctor. Penalty: 50 penalty units. (9) On receiving a request for information under subsection (7)(b) the doctor must give to the woman and her husband any such information recorded in the Register kept by the doctor if the donor has first consented to the giving of that information. Penalty: 50 penalty units. (10) Information given under subsection (9) must be given- (a) in writing; and (b) in accordance with any conditions or limitations imposed by the donor. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 72 Information recorded by licensed centre or doctor which is to be given to donors 72. Information recorded by licensed centre or doctor which is to be given to donors (1) A donor may ask the designated officer of a licensed centre at which a donor treatment procedure is proposed to be carried out, for any information required to be recorded in the Register kept at the centre, if his or her gametes, or an embryo formed from such gametes, are to be used in the procedure, about the woman on whom the procedure is proposed to be carried out and her husband, being either or both of the following- (a) information about that woman or her husband (other than information from which the woman or her husband will or may be identified); and (b) information which will or may identify that woman or her husband. (2) On receiving a request for information under subsection (1)(a) the designated officer must, in writing, give to the donor any such information recorded in the Register kept at the centre. Penalty: 50 penalty units. (3) On receiving a request for information under subsection (1)(b) the designated officer must give any such information recorded in the Register kept at the centre, if the woman and her husband have first consented to the giving of that information. Penalty: 50 penalty units. (4) Information given under subsection (3) must be given- (a) in writing; and (b) in accordance with any conditions or limitations imposed by the woman or her husband. (5) A donor may ask a doctor who proposes to carry out a donor insemination at a place other than a licensed centre using sperm from that donor for information required to be recorded in the Register kept by the doctor about the woman who is to or may undergo the insemination and her husband, being either or both of the following- (a) information about that woman or her husband (other than information from which the woman or her husband will or may be identified); (b) information which will or may identify that woman or her husband. (6) On receiving a request for information under subsection (5)(a) the doctor must, in writing, give to the donor any such information recorded in the Register kept by the doctor. Penalty: 50 penalty units. (7) On receiving a request for information under subsection (5)(b), the doctor must give any such information recorded in the Register kept at the centre, if the woman and her husband have first consented to the giving of that information. Penalty: 50 penalty units. (8) Information given under subsection (7) must be given- (a) in writing; and (b) in accordance with any conditions or limitations imposed by the woman or her husband. Infertility Treatment Act 1995 - SECT 73 Information about pregnancy, birth or transfer 73. Information about pregnancy, birth or transfer (1) A donor may ask the designated officer of a licensed centre where gametes of the donor or an embryo formed from gametes of the donor may have been used in a treatment procedure at the centre whether or not a pregnancy has occurred or a person has been born as a result of such a procedure. (2) On receiving a request under subsection (1), the designated officer must, in writing, advise the donor, as to whether or not, to the designated officer's knowledge, a pregnancy has occurred or a person has been born as a result of such a procedure. (3) A donor may ask a doctor who carries out donor insemination at a place other than a licensed centre who may have used sperm from the donor in such a procedure as to whether or not a pregnancy has occurred or a person has been born as a result of such a procedure. (4) On receiving a request under subsection (3), the doctor must, in writing, advise the donor as to whether or not, to the doctor's knowledge, a pregnancy has occurred or a person has been born as a result of such a procedure. (5) At the request of a donor, the designated officer of a licensed centre where the donor's gametes were stored or kept or donated, or a doctor who may have kept or received the donor's gametes must, if the gametes or an embryo formed from the gametes have been transferred to another place, give to the donor the name of the doctor to whom or the licensed centre or other place to which the gametes or embryo have been transferred. Penalty applying to this section: 50 penalty units. Division 3-Information to be given from central register Infertility Treatment Act 1995 - SECT 74 Application by parents for information contained on central register 74. Application by parents for information contained on central register (1) The parents or guardian of a person born as a result of a donor treatment procedure may apply to the Authority for information required to be recorded in the central register about a donor whose gametes were used in the procedure or whose gametes were used to form an embryo used in the procedure, being either or both of the following- (a) information about the donor (other than information from which the donor will or may be identified); (b) information which will or may identify the donor. (2) An application under this section must- (a) be in writing; and (b) be in the prescribed form and accompanied by the prescribed fee. Infertility Treatment Act 1995 - SECT 75 Authority to give information about donor to parents 75. Authority to give information about donor to parents (1) On receiving an application for information under section 74(1)(a) the Authority must give, in writing, any such information recorded in the central register to the applicant, if the Authority is satisfied that the applicant has been offered counselling about the potential consequences of the disclosure of that information from a counsellor who has been approved under Part 8 to give counselling to persons applying for information under section 74. (2) On receiving an application under section 74(1)(b) the Authority must give, in writing, any such information recorded in the central register to the applicant- (a) if the donor has first consented to the giving of that information; and (b) if the information is given in accordance with any conditions or limitations imposed by the donor; and (c) if the Authority is satisfied that the applicant has received counselling about the potential consequences of the disclosure of that information from a counsellor who has been approved under Part 8 to give counselling to persons applying for information under section 74. (3) The Authority must make reasonable efforts to find the person whose consent is required under subsection (2). (4) Before seeking the consent for the giving of information to an applicant under subsection (2), the Authority must advise the person whose consent is required that he or she may need counselling and provide him or her with the names of counsellors approved under Part 8 to give counselling to persons in respect of whom an application has been made under section 74. (5) If a person consents to the giving of the information under subsection (2), before the information is given the Authority must make reasonable efforts to advise that person that the information is about to be given. Infertility Treatment Act 1995 - SECT 76 Application by donor for information about persons born as a result of donor treatment procedures and parents of such persons 76. Application by donor for information about persons born as a result of donor treatment procedures and parents of such persons (1) A donor may apply to the Authority for information required to be recorded in the central register about any person born as a result of a treatment procedure, and a parent or the parents of any such person, if gametes produced by the donor, or an embryo formed from gametes produced by the donor were used in the treatment procedure, being any or all of the following- (a) information about the person born as a result of the procedure (other than information from which the person will or may be identified); (b) information which will or may identify the person born as a result of the procedure; (c) information about a parent or both parents (other than information from which either or both of them will or may be identified); (d) information which will or may identify either or both of the parents. (2) An application under this section must- (a) be in writing; and (b) be in the prescribed form and accompanied by the prescribed fee. Infertility Treatment Act 1995 - SECT 77 Authority to give information about person born as a result of a donor treatment procedure 77. Authority to give information about person born as a result of a donor treatment procedure (1) On receiving an application for information under section 76(1)(a) the Authority must give, in writing, any such information recorded in the central Register to the applicant, if the Authority is satisfied that the applicant has been offered counselling about the potential consequences of the disclosure of that information from a counsellor approved under Part 8 to give counselling to persons applying for information under 76. (2) On receiving an application for information under section 76(1)(b) the Authority must give, in writing, any such information recorded in the central register to the applicant- (a) if- (i) in the case of a person who is under 18 years of age, both parents or a guardian of that person have first consented to the giving of that information; or (ii) in the case of a person who has attained the age of 18 years, the person has consented to the giving of that information; and (b) if the information is given in accordance with any conditions or limitations imposed by each person who has consented; and (c) if the Authority is satisfied that the applicant has received counselling about the potential consequences of the disclosure of the information from a counsellor approved under Part 8 to give counselling to persons applying for information under 76. (3) The Authority must make reasonable efforts to find a person whose consent is required under subsection (2). (4) Before seeking consent to the giving of information to an applicant under subsection (2), the Authority must advise a person whose consent is required that he or she may need counselling and provide the person with the names of counsellors approved under Part 8 to give counselling to a person in respect of whom an application has been made under section 76. (5) If a person consents to the giving of the information under subsection (2), before the information is given the Authority must make reasonable efforts to advise that person that the information is about to be given. Infertility Treatment Act 1995 - SECT 78 Authority to give information about parents 78. Authority to give information about parents (1) On receiving an application for information under section 76(1)(c) the Authority must give, in writing, any such information recorded in the central register to the applicant, if the Authority is satisfied that the applicant has been offered counselling about the potential consequences of the disclosure of that information from a counsellor who has been approved under Part 8 to give counselling to persons applying for information under section 76. (2) On receiving an application for information under section 76(1)(d) the Authority must give, in writing, any such information recorded in the central register about a parent to the applicant- (a) if the person has first consented to the giving of that information; and (b) if information would also identify the person born as the result of a donor treatment procedure and the person is over 18 years of age, that person has consented to the giving of that information; and (c) if information will or may also identify the other parent, that parent has also consented to the giving that information; and (d) if the information is given in accordance with any conditions or limitations imposed by each person who has consented; and (e) if the Authority is satisfied that the applicant has received counselling about the potential consequences of the disclosure of the information from a counsellor who has been approved under Part 8 to give counselling to persons applying for information under section 76. (3) The Authority must make reasonable efforts to find a person whose consent is required under subsection (2). (4) Before seeking consent to the giving of information to an applicant under subsection (2), the Authority must advise a person whose consent is required that he or she may need counselling and provide the person with the names of counsellors approved under Part 8 to give counselling to a person in respect of whom an application has been made under 76. (5) If a person consents to the giving of the information under subsection (2), before the information is given the Authority must make reasonable efforts to advise that person that the information is about to be given. Infertility Treatment Act 1995 - SECT 79 Application by person born as a result of a donor treatment procedure or descendant for information about donor 79. Application by person born as a result of a donor treatment procedure or descendant for information about donor (1) A person who is or may have been born as the result of a donor treatment procedure or who is the descendant of such a person may, on attaining the age of 18 years, apply to the Authority for information required to be recorded in the central register about a donor whose gametes were used in the procedure or whose gametes were used to form an embryo used in the procedure, being either or both of the following- (a) information about the donor (other than information from which the donor will or may be identified); (b) information which will or may identify the donor. (2) An application under this section must- (a) be in writing; and (b) be in the prescribed form and accompanied by the prescribed fee. Infertility Treatment Act 1995 - SECT 80 Authority to give information about donor to person born as the result of a procedure 80. Authority to give information about donor to person born as the result of a procedure (1) On receiving an application for information under section 79(1)(a) the Authority must give, in writing, any such information recorded in the central register to the applicant, if the Authority is satisfied that the applicant has been offered counselling about the potential consequences of the disclosure of that information from a counsellor who has been approved under Part 8 to give counselling to persons applying for information under section 79. (2) On receiving an application for information under section 79(1)(b), the Authority must- (a) give, in writing, any such information recorded in the central register to the applicant if it is satisfied that the applicant has received counselling about the potential consequences of the disclosure of the information from a counsellor who has been approved under Part 8 to give counselling to persons applying for information under section 79; and (b) prior to the giving of the information make reasonable efforts- (i) to advise the donor that the information is about to be given; and (ii) to advise the donor that he or she may need counselling and provide the donor with the names of counsellors approved under Part 8 to give counselling to persons in respect of whom applications have been made under section 79. Infertility Treatment Act 1995 - SECT 81 Counselling not applicable in certain circumstances 81. Counselling not applicable in certain circumstances The Authority may waive a requirement in this Division requiring it to be satisfied that an applicant for information has received counselling if it is satisfied that the applicant is already aware of the substance of the information to be given and that counselling is not appropriate. Infertility Treatment Act 1995 - SECT 82 Donor treatment procedure information register 82. Donor treatment procedure information register (1) The Authority shall establish and maintain a donor treatment procedure information Register. (2) There shall be entered in the Register- (a) the names and addresses of persons, including- (i) persons born as a result of donor treatment procedures; (ii) the descendants of persons born as a result of donor treatment procedures; (iii) donors; (iv) women who have undergone donor treatment procedures and their husbands; and (v) the relatives of persons described in this section- who have requested the Authority in writing to so enter their names and addresses; and (b) in relation to each person so registered, the wishes of the person in relation to- (i) obtaining information about another person whose name is, or may in the future be, entered in the Register; or (ii) another person whose name is, or may in the future be, entered in the Register obtaining information about him or her. (3) The Authority shall from time to time publicise the establishment and purpose of the Register. (4) The Authority shall upon the request of a person whose name is entered in the Register, amend or cancel the entry relating to that person, or give the person a copy of the entry. (5) The Register is not part of the central register. (6) The Register shall be kept in accordance with the regulations. Division 4-General provisions Infertility Treatment Act 1995 - SECT 83 Information 83. Information Any reference to the giving of information which will or may identify a person in this Act or the regulations means the giving, disclosing or publication of information from which a person will or may be identified, directly or indirectly. Infertility Treatment Act 1995 - SECT 84 Waiver of fees 84. Waiver of fees The Authority may waive or reduce, in a particular case or class of cases, fees that would otherwise be payable to it under this Part or the regulations. Infertility Treatment Act 1995 - SECT 85 Disclosure of information to a medical practitioner 85. Disclosure of information to a medical practitioner If a person has applied for information under this Part or the regulations, and the person to whom the application has been made considers that the disclosure of information which is of a medical or psychiatric nature to the applicant might be prejudicial to the physical or mental health or well-being of the applicant, the person to whom the application has been made may decide not to disclose that information to the applicant but to disclose it instead to a medical practitioner nominated by the applicant. Infertility Treatment Act 1995 - SECT 86 Records of information given 86. Records of information given A person who gives any information under this Division or Division 2 or 3 or the regulations must keep a record of the person to whom the information has been given and of the information given. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 87 Consent 87. Consent (1) In this Division, Divisions 2 and 3 and the regulations, if consent is required to be given and the person to whom the consent relates is dead, the consent may be given by the senior available next of kin of that person, within the meaning of the Human Tissue Act 1982. (2) In this Division and the regulations, if consent is required to be given and the person to whom the consent relates is a person under the age of 18 years, the consent may be given by both parents of the child or by the child's guardian. (3) In this Division, Divisions 2 and 3 and the regulations, when information may only be given with consent, information must not be given if that consent is subsequently withdrawn in writing prior to the giving of the information. Infertility Treatment Act 1995 - SECT 88 Authority may refuse to give information 88. Authority may refuse to give information If an application for information about a person under the age of 18 years has been made under this Part or the regulations which requires the consent of the parent or guardian of that person, and if that person has advised the Authority that he or she does not want the information to be given by the Authority, the Authority may refuse the application. Infertility Treatment Act 1995 - SECT 89 Confidentiality-information which may identify 89. Confidentiality-information which may identify (1) A listed person must not, except to the extent necessary- (a) to carry out functions under this Act or any other Act or regulations made under this Act or any other Act; or (b) to give any information he or she is expressly authorised, permitted or required to give under this or any other Act (other than section 141(3) of the Health Services Act 1988) or regulations made under this Act or any other Act- give to any other person, whether directly or indirectly, any information acquired by reason of being a listed person if- (c) a person who is or has been a donor, or a woman who is to undergo, or may undergo, a treatment procedure or who has undergone a treatment procedure or a man who is or has been the husband of such a person, or a person who was born as a result of a treatment procedure, will or may be identified from that information; or (d) the information is the name or address entered in the Register kept under section 82 in relation to a person not referred to in paragraph (c). Penalty: 50 penalty units. (2) Subsection (1) does not apply- (a) subject to subsections (5), (6) and (7), to the giving of information with the prior consent in writing of the person about whom the information relates and any other person who will or may be identified from the giving of that information; or (b) to the giving of information to a court or tribunal in the course of legal proceedings; or (c) to the giving of information pursuant to an order of a court or tribunal made under another Act or law; or (d) to the giving of information as described in section 141(3)(d), (f) or (ga) of the Health Services Act 1988 in relation to all of the persons referred to in subsection (1)(c); or (e) to the giving of information as described in section 141(3)(c) of the Health Services Act 1988 in relation to a patient who is a woman that is to undergo, or may undergo, a treatment procedure or who has undergone a treatment procedure or who is the husband of such a woman; or (f) to the giving of information with the consent of the Minister and in accordance with the conditions specified by the Minister, if the Minister is of the opinion that it is in the public interest that the information be so given; or (g) to the giving of information to the extent reasonably required to enable the enforcement or investigation of the criminal law; or (h) where the information relates to a woman who is to undergo, or may undergo, a treatment procedure or who has undergone a treatment procedure or to the husband of such a woman, the giving of information where it is reasonably required for the medical treatment of the woman or her husband; or (i) to the giving of information to another listed person to the extent necessary to carry out any procedure, research or other activity authorised or regulated by this Act. (3) In this section- listed person means- (a) the licensee of a licensed centre and any person who is or has been a member or officer of the governing body of that licensee; or (b) a person who- (i) is or has been involved in the management of, engaged or employed at or worked for or at a licensed centre; or (ii) is or has been a doctor approved under Part 8 to carry out donor insemination at a place other than a licensed centre or any person who is or has been engaged or employed by or worked for or with such a doctor; or (c) a person who is or had been a designated officer or an approved doctor, scientist or counsellor; or (d) any person who carries out or has carried out or is or has been involved in the carrying out of- (i) a treatment procedure, whether or not at a licensed centre; or (ii) research under Part 3 at a licensed centre; or (iii) anything authorised to be done under this Act; (iv) any other function under this Act; or (e) the Authority established under this Act or any person who is or has been a member of that Authority or employed or engaged to assist the Authority to carry out its functions; or * * * * * (g) any person who is or has been an authorised officer; or (h) any person who is or has been involved in the administration of this Act or any corresponding previous enactment. (4) A reference to any other Act or to a regulation made under any other Act in subsection (1) does not include a reference to- (a) a provision which requires or permits the giving of information with the consent of the person to whom the information relates or the consent of the senior available next of kin of that person, if he or she has died, or of the consent of a parent or guardian of such a person; or (ab) the Health Privacy Principles in the Health Records Act 2001 or Part 3 or Part 5 of that Act unless the information given- (i) is about the person who has applied for access or to whom the disclosure would be made and no other person; or (ii) is about one person only, and the person who has applied for access or to whom the disclosure would be made is the first-mentioned person's guardian; or (b) the Freedom of Information Act 1982 or a regulation made under that Act, except to the extent provided for in section 92. (5) Consent cannot be given by a person under subsection (2)(a) to the giving of information to another person- (a) where that other person has made or may make an application for that information under Divisions 2 or 3 or the regulations in relation to that person; or (b) in the prescribed circumstances. (6) Consent cannot be given under subsection (2)(a) by a person described in subsection (1)(c) to the giving of the entry in the Register kept under section 82 in relation to the address of that person, or to the giving of that person's current address, to another person who has made or may make an application for information in relation to that person under Division 3 or the regulations, unless the person who is seeking the information has made such an application under the relevant provisions or the regulations (as the case may be) and has been given the name of the person to be identified in accordance with the Act or the regulations. (7) To the extent that information will or may identify both a person who was born as a result of a treatment procedure and any other person described in subsection (1), the information may be given under subsection (2)(a) if- (a) the person to whom the information relates was born as a result of the procedure, and has attained the age of 18 years; and (b) that person consents to the giving of the information- notwithstanding that the other person who will or may be identified does not consent. Infertility Treatment Act 1995 - SECT 90 Confidentiality-non-identifying information 90. Confidentiality-non-identifying information (1) A listed person (within the meaning of section 89) must not give to another person, directly or indirectly, any information acquired by reason of being a listed person which can be the subject matter of an application under Divisions 2 or 3 or the regulations (other than information from which a person will or may be identified), where that person can make or has made an application for that information under Divisions 2 or 3 or the regulations, except in accordance with those provisions or section 184, or to the extent necessary- (a) to carry out other functions under this Act or any other Act or a regulation made under this Act or any other Act; or (b) to give information he or she is otherwise expressly authorised, permitted or required to give under this or any other Act or a regulation made under this Act or any other Act. Penalty: 50 penalty units. (2) Subsection (1) does not apply to- (a) the giving of information with the consent of the Minister and in accordance with the conditions specified by the Minister, if the Minister is of the opinion that it is in the public interest that the information be so given; or (b) the giving of information pursuant to an order of a court or tribunal made under another Act or law. (3) A reference to any other Act or to a regulation made under any other Act in subsection (1) does not include a reference to the Freedom of Information Act 1982 or a regulation made under that Act, except to the extent provided for in section 92. (4) A reference to any other Act or to a regulation made under any other Act in subsection (1) does not include a reference to the Health Privacy Principles in the Health Records Act 2001 or Part 3 or Part 5 of that Act unless the information given- (a) is about the person who has applied for access or to whom the disclosure would be made and no other person; or (b) is about one person only, and the person who has applied for access or to whom the disclosure would be made is the first-mentioned person's guardian. Infertility Treatment Act 1995 - SECT 91 Closure of court or tribunal 91. Closure of court or tribunal (1) If, in a matter before a court or tribunal, evidence is proposed to be given of any information referred to in section 89(1)(c) or (d), the court or tribunal, in addition to any other powers the court or tribunal may have, if it is of the opinion that it is necessary to do so because it is appropriate to protect the privacy of the person to whom the information relates, may- (a) order that the whole or any part of the proceedings be heard in closed session; or (b) order that only persons specified by it may be present during the whole or any part of the proceedings; or (c) make an order prohibiting the publication of a report of the whole or any part of the proceedings or of any information derived from the proceedings. (2) If an order has been made under this section, the court or tribunal must cause a copy of it to be posted on a door of, or in another conspicuous place at, the place at which the court or tribunal is being held. (3) A person must not contravene an order made and posted under this section. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 92 Exemption from Freedom of Information Act 1982 92. Exemption from Freedom of Information Act 1982 (1) Subject to subsections (2) and (3), for the purposes of the Freedom of Information Act 1982, a document is an exempt document if- (a) it contains information (whether or not that information is kept in a Register under this Part) about or provided by a person as- (i) a donor or the spouse of a donor; or (ii) a woman who is to undergo, or may undergo, a treatment procedure or who has undergone a treatment procedure; or (iii) a person who is or has been the husband of a woman referred to in paragraph (ii); or (iv) a person who was born as a result of a treatment procedure; or (b) it is the Register, or part of the Register, under section 82. (2) A document is not an exempt document under subsection (1)(a) to the extent that it only contains information- (a) about or provided by the applicant and no other person; or (b) about or provided by one person only and the applicant is that person's guardian. (3) A document that contains information about or provided by a person referred to in subsection (1)(a) (other than information from which that person will or may be identified) is not an exempt document in the prescribed circumstances. _______________ Infertility Treatment Act 1995 - PART 7A PART 7A PRE-1 JULY 1988 PROCEDURE INFORMATION Infertility Treatment Act 1995 - SECT 92A Definitions 92A. Definitions In this Part- counsellor means a person approved under Part 8 to give counselling to persons applying for information under this Part; pre-1 July 1988 donor means a donor whose gamete or embryo was used in a pre-1 July 1988 treatment procedure; pre-1 July 1988 information means information relating to- (a) a pre-1 July 1988 donor; or (b) a pre-1 July 1988 treatment procedure; pre-1 July 1988 treatment procedure means a treatment procedure or artificial insemination carried out before 1 July 1988; Register means the donor procedure treatment information Register established and maintained under section 82. Infertility Treatment Act 1995 - SECT 92B Application of Part 92B. Application of Part (1) This Part applies despite Part 7 and section 181(9). (2) Sections 89 and 90 do not apply to the release of information under this Part. Infertility Treatment Act 1995 - SECT 92C Recording of pre-1 July 1988 information 92C. Recording of pre-1 July 1988 information (1) The Authority must establish in the Register a separate part relating to pre-1 July 1988 information. (2) There shall be entered in the part of the Register relating to pre-1 July 1988 information- (a) the names and addresses of persons, including- (i) persons born as a result of pre-1 July 1988 treatment procedures; (ii) the descendants of persons born as a result of pre-1 July 1988 treatment procedures; (iii) pre-1 July 1988 donors; (iv) women who have undergone pre-1 July 1988 treatment procedures and their husbands; and (v) the relatives of persons described in this section- who have requested the Authority in writing to so enter their names and addresses; and (b) in relation to each person so registered, the wishes of the person in relation to- (i) obtaining information about another person whose name is, or may in the future be, entered in the Register; or (ii) another person whose name is, or may in the future be, entered in the Register obtaining information about him or her. (3) The Authority must not enter information on the part of the Register relating to pre-1 July 1988 information if the request to enter the information is made by a person who is under 18 years of age. Infertility Treatment Act 1995 - SECT 92D Release of information 92D. Release of information The Authority may release information from the part of the Register relating to pre-1 July 1988 information in accordance with this Part. Infertility Treatment Act 1995 - SECT 92E Request for release of information 92E. Request for release of information Any person- (a) who requests the Authority in writing to enter his or her name in the part of the Register relating to pre-1 July 1988 information; or (b) whose name is entered in the part of the Register relating to pre-1 July 1988 information- may request the Authority to provide information from that part of the Register about another person whose name is, or may in the future be, entered in that part of the Register. Infertility Treatment Act 1995 - SECT 92F Authority to comply with wishes of person who provided information 92F. Authority to comply with wishes of person who provided information The Authority may only release information about a person from the part of the Register relating to pre-1 July 1988 information in accordance with the wishes of that person entered in that part of the Register. Infertility Treatment Act 1995 - SECT 92G Authority may give information 92G. Authority may give information (1) The Authority may, in writing, give information entered in the part of the Register relating to pre-1 July 1988 information to a person who has made a request under section 92E if- (a) in the case of information from which a person will or may be identified, the Authority is satisfied that- (i) the person to whom the information is to be given; and (ii) the person who requested the information be entered on the Register- have received counselling about the potential consequences of the disclosure of that information from a counsellor; and (b) in the case of information other than information from which a person will or may be identified, the Authority is satisfied that- (i) the person to whom the information is to be given; and (ii) the person who requested the information be entered on the Register- have been offered counselling about the potential consequences of the disclosure of that information from a counsellor. (2) The Authority must not release information under subsection (1) to a person who is under 18 years of age. Infertility Treatment Act 1995 - SECT 92H Counselling waived in certain circumstances 92H. Counselling waived in certain circumstances The Authority may waive a requirement for counselling under section 92G if- (a) a person who is required under that section to receive counselling is dead; or (b) the Authority is satisfied that a person who is required under that section to receive counselling is unable to be found; or (c) the Authority is satisfied that counselling is not appropriate in the particular circumstances. Infertility Treatment Act 1995 - SECT 92I Offences 92I. Offences (1) Any person who is, or has been a member of the Authority, or employed or engaged to assist the Authority to carry out its functions must not release information from the part of the Register relating to pre-1 July 1988 information except in accordance with this Part. Penalty: 50 penalty units. (2) A person who gives any information under this Part must keep a record of- (a) the person to whom the information has been given; and (b) the information given. Penalty: 50 penalty units. _______________ Infertility Treatment Act 1995 - PART 8 PART 8 LICENCES, APPROVALS AND DESIGNATED OFFICERS Division 1-Licensing of places Infertility Treatment Act 1995 - SECT 93 Licence application-hospitals and day procedure centres 93. Licence application-hospitals and day procedure centres An application may be made by- (a) a public hospital; or (b) a denominational hospital, or, if the hospital is not a legal person, a nominee of the hospital who is a legal person; or (c) the proprietor of a private hospital or day procedure centre, or, if the proprietor is not a legal person, a nominee of the proprietor who is a legal person; or (ca) the proprietor, being a body corporate, of a clinic that- (i) is within a public hospital, denominational hospital, private hospital or day procedure centre; or (ii) accesses clinical services of, a public hospital, denominational hospital, private hospital or day procedure centre under a service agreement- to the Authority for a licence for all or any of the following activities at the premises of the hospital, centre or clinic- (d) the carrying out of treatment procedures or treatment procedures of a particular kind; (e) the forming of an embryo outside the body of a woman; (f) the storage of gametes or embryos; (g) the undertaking of approved research of the kind described in section 22(1)(a) or (b). Infertility Treatment Act 1995 - SECT 94 Licence application-research institutions 94. Licence application-research institutions An application may be made by- (a) a university; or (b) any other research or educational institution or institution where research is undertaken, or the proprietor of such an institution, or the governing body of such an institution, where the institution, proprietor or governing body is a legal person; or (c) in relation to an institution described in paragraph (b), where the institution, proprietor and governing body are not legal persons, a nominee of the proprietor or governing body who is a legal person- to the Authority for a licence for either or both of the following activities at premises of the university or institution- (d) the undertaking of approved research of the kind described in section 22(1)(a) or (b); (e) the storage of gametes or embryos. Infertility Treatment Act 1995 - SECT 95 Designation of principal doctor or principal scientist 95. Designation of principal doctor or principal scientist (1) On an application under section 93(g) or 94(d) or subsection (2) or (3) of this section, the Authority, after considering nominations from the applicant, must designate a doctor or scientist approved under Division 3 to carry out research or a person who has applied to be such a doctor or scientist to be the principal doctor or principal scientist responsible for the undertaking of the approved research at the premises to which the application relates. (2) If, during the course of the licence, the principal doctor or principal scientist dies, resigns, is suspended or ceases to be approved under Division 3 to carry out research, the licensee must, within 14 days after that event, apply to the Authority to designate another doctor or scientist who has been approved under Division 3 to carry out research to be the principal doctor or principal scientist or to be that doctor or scientist during the period of suspension, as the case requires. (3) If, during the course of the licence, the licensee wishes to make any other change in the principal doctor or principal scientist, the licensee must first apply to the Authority to designate another doctor or scientist to be the principal doctor or principal scientist. Infertility Treatment Act 1995 - SECT 96 Licence applications-general procedure 96. Licence applications-general procedure (1) An application for a licence must- (a) be in writing; and (b) specify the activities for which the licence is sought; and (c) be in the form determined by the Authority and accompanied by the fee determined by the Authority. (2) The Authority may require the applicant to provide further information or material in respect of the application and may, with the consent of the applicant, enter and inspect any premises in respect of which a licence application has been made. (3) The Authority may refuse to consider an application for a licence until the information or material requested under subsection (2) is provided. (4) The Authority may refuse to grant an application for a licence if the applicant refuses to consent to an entry or inspection of premises under subsection (2). Infertility Treatment Act 1995 - SECT 97 Authority may grant or refuse licence 97. Authority may grant or refuse licence (1) The Authority may grant or refuse to grant a licence to the applicant. (2) The Authority may determine a fee that is payable by the applicant prior to the issuing of a licence. (3) A licence authorises the carrying out of the activities specified in the licence at the premises specified in the licence. (4) The Authority must not- (a) grant a licence in relation to an activity described in section 93(g) or 94(d) unless it is satisfied that, if a person has been designated under section 95 who was not, at the time a scientist approved under Division 3 to carry out research or a doctor approved under Division 3 to carry out research, that person has been granted approval under Division 3 to carry out research; or (b) grant a licence in relation to an activity described in section 93(d), (e) or (g) or 94(d) unless it is satisfied that the applicant, in order to approve and monitor the licensed activities at the premises to be licensed, has established an ethics committee, or is able to use the services of an ethics committee established by another licensee; or (c) grant a licence unless it is satisfied that there are facilities at the premises to be licensed which are appropriate for the carrying out of the activities for which the licence is sought. Division 2-Approval to carry out research Infertility Treatment Act 1995 - SECT 98 Application for approval to carry out research 98. Application for approval to carry out research (1) A doctor or scientist who has been approved under Division 3 to carry out research may apply to the Authority for approval to carry out research of the kind described in section 22(1)(a) or (b). * * * * * (3) An application under this section must- (a) be in writing; and (b) be in the form determined by the Authority and accompanied by the fee determined by the Authority; and (c) specify the research proposed to be carried out, and the premises at which it is to be carried out. (4) The Authority may require the applicant to provide further information or material in respect of the application and may, with the consent of the applicant, enter and inspect any premises in respect of which the application has been made. (5) The Authority may refuse to consider an application for approval until the information or material requested under subsection (4) is provided. (6) The Authority may refuse to grant an application for approval if the applicant refuses to consent to an entry or inspection of premises under subsection (3). * * * * * Infertility Treatment Act 1995 - SECT 99 Approval by Authority to carry out research 99. Approval by Authority to carry out research (1) The Authority may grant or refuse an application for approval under section 98. * * * * * (3) The Authority may determine a fee that is payable by the applicant prior to the issue of an approval. (4) An approval authorises the holder or a person working under the direction or supervision of the holder to carry out the research specified in the approval at the premises specified in the approval. Infertility Treatment Act 1995 - SECT 100 Report of results of research to Authority 100. Report of results of research to Authority (1) A doctor or scientist who has received the approval of the Authority under this Division must- (a) if the research does not go on for more than 12 months, report the results of that research to the Authority as soon as possible after completing that research; or (b) if the research goes on for more than 12 months, report the results of that research to the Authority, at the intervals determined by the Authority and advised in writing to the doctor or scientist. Penalty: 50 penalty units. * * * * * Division 3-Approval of persons carrying out treatment procedures or research Infertility Treatment Act 1995 - SECT 101 Application for approval of doctor or scientist 101. Application for approval of doctor or scientist (1) A doctor may apply to the Authority for approval- (a) to carry out treatment procedures of a particular kind; or (b) to form an embryo outside the body of a woman; or (c) to carry out and be responsible for the carrying out of approved research under section 22(1). (2) A scientist of an institution may apply to the Authority for approval- (a) to carry out and be responsible for the carrying out of approved research under section 22(1); or (b) to form an embryo outside the body of a woman. (3) An application under this section must- (a) be in writing; and (b) be in the form determined by the Authority and accompanied by the fee determined by the Authority. (4) The Authority may require the applicant to provide further information or material in respect of the application. (5) The Authority may refuse to consider an application for a licence until the information or material requested under subsection (4) is provided. Infertility Treatment Act 1995 - SECT 102 Authority may grant or refuse approval 102. Authority may grant or refuse approval (1) The Authority may grant or refuse an application for approval under section 101. (2) The Authority may determine a fee that is payable by the applicant prior to the issue of the approval. (3) An approval authorises the holder to carry out the activities specified in the approval. (4) In relation to donor insemination, an approval must specify whether or not the doctor may carry out donor insemination at a place other than a licensed centre. Division 4-Approved counsellors Infertility Treatment Act 1995 - SECT 103 Application for approval of counsellors 103. Application for approval of counsellors (1) A person who wishes to be an approved counsellor may apply to the Authority for approval under this Division. (2) The application must- (a) be in writing; and (b) in the form approved by the Authority and accompanied by the fee determined by the Authority. (3) The Authority may require an applicant to provide further information or material in respect of an application. (4) The Authority may refuse to consider an application for approval until the information or material requested under subsection (2) is provided. Infertility Treatment Act 1995 - SECT 104 Authority may grant or refuse approval 104. Authority may grant or refuse approval (1) The Authority may grant or refuse an application for approval under section 103. (2) The Authority may determine a fee that is payable by the applicant prior to the issue of the approval. (3) An approval authorises the holder to act as an approved counsellor- (a) for the kinds of treatment procedures, research or other circumstances specified in the approval; (b) for the classes of people specified in the approval. Division 5-General provisions about licences, approvals and exemptions Infertility Treatment Act 1995 - SECT 104A Application of Part 104A. Application of Part In this Part- (a) embryo does not include an excess ART embryo within the meaning of Part 2A; and (b) research does not include a use of an excess ART embryo for which a licence is required under that Part. Infertility Treatment Act 1995 - SECT 105 Form and content of licence or approval 105. Form and content of licence or approval (1) A licence or approval under this Part must be in writing. (2) A licence or approval must specify- (a) the matters required to be specified by this Part; and (b) any conditions, limitations or restrictions- (i) prescribed for that class of licences or approvals; or (ii) imposed under section 106 or 107; and (c) any other prescribed information. Infertility Treatment Act 1995 - SECT 106 Power of Authority to impose conditions 106. Power of Authority to impose conditions (1) In an approval or a licence granted or renewed under this Part, the Authority may impose conditions, limitations or restrictions. (2) The matters about which the Authority may impose conditions, limitations or restrictions include but are not limited to all or any of the following- (a) the collection, use, storage and removal from storage of gametes and the formation, use or storage of embryos; (b) the manner in which procedures ancillary to the performance of treatment procedures are to be carried out; (c) the manner in which approved research or treatment procedures are to be carried out; (d) the manner in which diagnostic services related to infertility or treatments regulated by this Act for genetic abnormality or disease may be performed; (e) the obtaining of information under Parts 2, 3 and 7; (f) counselling required by this Act; (g) the manner in which research under section 22(3) is performed by doctors or scientists approved to perform research under Division 3 or at a place licensed under Division 1; (h) the provision of information by doctors under Parts 2 and 3. Infertility Treatment Act 1995 - SECT 107 Provision of information 107. Provision of information It is a condition of each licence or approval or exemption that the licensee or approval holder or exemption holder must, at the written direction of the Authority, provide to the Authority in the form and at the intervals specified in the direction- (a) copies of or extracts from any information which the licensee or approval holder or exemption holder is required to record under this Act; and (b) any other information relating to activities at the licensed centre or the premises of the approved person or the premises where the research or approved or exempt activity is carried out which the Authority considers relevant to the carrying out of the Authority's functions under this Act. Infertility Treatment Act 1995 - SECT 108 Variation of conditions of licences or approvals under this Part 108. Variation of conditions of licences or approvals under this Part (1) The Authority may, by notice in writing given to the licensee or approval holder, vary any condition, limitation or restriction of the licence or an approval under Part 8. (2) The Authority cannot under this section vary a prescribed condition, limitation or restriction included in the licence or approval. (3) Before varying a condition, limitation or restriction of the licence or approval, the Authority must allow the licensee or approval holder the opportunity to make written submissions. (4) The Authority must have regard to any submissions made under subsection (3) and may have regard to any other relevant matters. Infertility Treatment Act 1995 - SECT 109 Variation of approvals and exemptions under Part 5 109. Variation of approvals and exemptions under Part 5 (1) An approval or exemption under sections 40, 51, 52, or 56 or the terms or conditions of such an approval or exemption may be amended or varied by the Authority, by notice in writing given to the holder of the approval or exemption. (2) Before making an amendment or variation under this section, the Authority must allow the approval or exemption holder the opportunity to make written submissions. (3) The Authority must have regard to any submissions made under subsection (2) and may have regard to any other relevant matters. Infertility Treatment Act 1995 - SECT 110 Offence of failing to comply with terms etc. of licence or approval 110. Offence of failing to comply with terms etc. of licence or approval A person to whom a licence or approval has been granted or renewed under this Part or section 51 or 52 must- (a) comply with the terms, conditions, limitations or restrictions of the licence or approval; or (b) if the condition, limitation or restriction must be complied with by another person, take reasonable steps to ensure that the term, condition or restriction is complied with. Penalty: 240 penalty units or 2 years imprisonment or both. Infertility Treatment Act 1995 - SECT 110A Formation of embryos 110A. Formation of embryos (1) A person who is not a doctor or scientist who has been approved under this Part for the purpose of forming embryos outside the body of a woman must not knowingly or recklessly form or attempt to form an embryo outside the body of a woman. Penalty: 480 penalty units or 4 years imprisonment or both. (2) A person must not knowingly or recklessly form or attempt to form an embryo outside the body of a woman, except at a place licensed for the purpose under this Part. Penalty: 480 penalty units or 4 years imprisonment or both. Infertility Treatment Act 1995 - SECT 111 Duration and renewal of licence or approval 111. Duration and renewal of licence or approval (1) If the Authority determines that a fee is payable by an applicant as described in section 97(2), 99(3), 102(2) or 104(2), the licence or approval in question does not take effect until the fee is paid and the licence or approval is issued. (2) A licence or approval continues in force for the period determined by the Authority and specified in the licence or approval, which may be either- (a) for that licence or approval; or (b) for the class of licences or approvals of which that licence or approval is one. (3) A licence or approval granted under Division 1, 3 or 4 may be renewed. Infertility Treatment Act 1995 - SECT 112 Application for renewal 112. Application for renewal (1) An application for renewal of a licence or approval- (a) must be made to the Authority, in the time specified by the Authority, before the existing licence or approval expires; and (b) must be made in the form determined by the Authority; and (c) must be accompanied by the fee determined by the Authority; (d) must comply in all other respects with the requirements for an application for a licence or approval under this Part. (2) Subject to subsection (4), sections 95, 96(2), (3) and (4), 97, 101(4) and (5), 102, 103 (3) and (4) and 104 and the prescribed provisions (if any) apply to the renewal of a licence or approval. (3) This Division and any other provision of this Act or the regulations that relates to a licence or approval applies to a licence or approval that has been renewed, unless the contrary intention appears. (4) The Authority may grant a temporary renewal even if it is not satisfied that a renewal is appropriate, pending the outcome of an investigation, inquiry or other matter commenced or under consideration by the Authority, prior to the expiry of the approval or licence; and for this purpose that investigation, inquiry or other matter or consideration may continue to apply, so that the Authority may consider whether to suspend or revoke the renewed licence or approval. Infertility Treatment Act 1995 - SECT 113 Suspension of licence, approval or exemption 113. Suspension of licence, approval or exemption (1) The Authority may, by notice in writing given to the licensee or the approval holder or exemption holder, suspend a licence or approval or exemption granted or renewed under this Part or section 56, either in whole or in part if the Authority is satisfied that there are reasonable grounds to do so. (2) Before suspending a licence or approval, the Authority must allow the licensee, approval holder or exemption holder the opportunity to make written submissions. (3) The Authority must have regard to any written submissions made under subsection (2). (4) A suspension under this section has effect- (a) from the time at which notice of it is given to the licensee, approval holder or exemption holder; and (b) for the period determined by the Authority. Infertility Treatment Act 1995 - SECT 114 Immediate suspension 114. Immediate suspension (1) Despite section 113, the Authority may suspend a licence, approval or exemption referred to in that provision without allowing the licensee, approval holder or exemption holder an opportunity to make submissions if- (a) the Authority is of the opinion that there is an overriding public interest which requires the licence, approval or exemption to be suspended immediately; and (b) the Authority has obtained the Minister's approval to do so. (2) A suspension under subsection (1)- (a) has effect from the time at which notice of it is given to the licensee, approval holder or exemption holder; and (b) remains in force for that period, determined by the Authority, which must be no longer than is reasonably necessary to safeguard the public interest for which the suspension was imposed. (3) At any time during the period of the suspension, the Authority must allow the licensee, approval holder or exemption holder to make written submissions about the suspension. (4) The Authority may revoke the suspension at any time, and must have regard to any submissions made under subsection (3) in determining whether or not to do so. Infertility Treatment Act 1995 - SECT 115 Cancellation of licence, approval or exemption 115. Cancellation of licence, approval or exemption (1) The Authority may, by notice in writing, given to the licensee, approval holder or exemption holder cancel a licence or approval or exemption, either in whole or in part if- (a) the Authority is satisfied that there are reasonable grounds to do so; or (b) without limiting the generality of paragraph (a)- (i) in the case of a licence, a person has been found guilty of an offence against this Act, the regulations, the Infertility (Medical Procedures) Act 1984 or the regulations under that Act, at the licensed centre (whether before or after the commencement of this section); or (ii) in the case of an approval or exemption, the approved person or a person acting under his or her supervision or any other holder of an approval or exemption has been found guilty of an offence against this Act, the regulations, the Infertility (Medical Procedures) Act 1984, or the regulations under that Act (whether before or after the commencement of this section); or (iii) in the case of a licence or approved research, a person has breached this Act, the regulations, the Infertility (Medical Procedures) Act 1984 or the regulations under that Act, at the premises which are the subject of the licence or approval (whether before or after the commencement of this section); or (iv) in the case of an approval or exemption, the approved person or a person acting under his or her supervision, or any other holder of an approval or exemption has breached this Act, the regulations, the Infertility (Medical Procedures) Act 1984 or the regulations under that Act (whether before or after the commencement of this section); or (v) there has been a breach (whether or not before or after the commencement of this section) of a condition, limitation, restriction or term of a licence, approval or an exemption or a breach of a term or condition of an approval given under the Infertility (Medical Procedures) Act 1984. (2) Before cancelling a licence or approval, the Authority must allow the licensee, approval holder or exemption holder the opportunity to make written submissions. (3) The Authority must have regard to any written submissions made under subsection (2). (4) A cancellation under this section has effect from the time at which notice of it is given to the licensee, approval holder or exemption holder. Infertility Treatment Act 1995 - SECT 116 Orders 116. Orders (1) If the Authority cancels or suspends a licence, the Authority, having first obtained the Minister's approval may, by notice in writing given to the former licensee, make any order that the Authority thinks fit in relation to all or any of the following- (a) the appointment of an administrator to carry out the functions of the licensee in relation to any activities affected by the cancellation or suspension; (b) the continuation of any treatment procedures affected by the cancellation or suspension; (c) the manner of dealing with gametes or embryos stored at any place for treatment procedures or for research, and the transfer of gametes or embryos so stored to a licensed centre; (d) the directions to be given about the transfer of research or treatment procedures affected by the cancellation or suspension to the person who has agreed to accept the transfer; (e) the keeping and transfer of records; (f) any other matter that the Authority considers relevant. (2) If the Authority cancels or suspends an approval under Division 2, the Authority, having first obtained the Minister's approval may, by notice in writing given to the licensee or the holder of the approval to carry out the research, make any order that the Authority thinks fit in relation to all or any of the following- (a) the appointment of an administrator to carry out the functions of the licensee or holder of the approval in relation to research affected by the cancellation or suspension; (b) the manner of dealing with, and the transfer of, gametes or embryos stored or kept at any place for research; (c) the directions to be given about the transfer of research affected by the cancellation or suspension to the person who has agreed to accept the transfer; (d) the keeping and transfer of records; (e) any other matter that the Authority considers relevant. (3) If the Authority cancels or suspends an approval under Division 3, the Authority, having first obtained the Minister's approval, may, by notice in writing given to the person whose approval has been cancelled or suspended, make any order that the Authority thinks fit in relation to all or any of the following- (a) the appointment of another person to carry out the functions of the person whose approval has been cancelled or suspended in relation to any activities affected by the cancellation or suspension; (b) the continuation of any treatment procedures or research affected by the cancellation or suspension; (c) the directions to be given about the transfer of research or treatment procedures affected by the cancellation or suspension to the person who has agreed to accept the transfer; (d) the keeping and transfer of records; (e) any other matter that the Authority considers relevant. (4) If the Authority cancels or suspends an approval or exemption under section 40 or 56, the Authority, having first obtained the Minister's approval, may, by notice in writing given to the person whose approval or exemption has been suspended or cancelled, make any order that the Authority thinks fit. (5) An order under this section may be subject to any conditions imposed by the Authority. (6) A person or body to whom an order made under this section applies must comply with that order and its conditions. Penalty: 50 penalty units. (7) An order under this section must be published in the Government Gazette. (8) An administrator appointed by an order under this section has all the powers and may exercise any of the duties of the licensee in relation to the activities in respect of which the appointment is made. (9) If an administrator is appointed by an order under this section the Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette, make the administrator the governing body of the hospital, centre, university or other institution for the purpose of, and only to the extent necessary, to enable the carrying out of the activities specified in the order. (10) If an administrator is made the governing body of a hospital, centre, university or other institution as described in subsection (9)- (a) the administrator has all the powers, may exercise any of the duties, and is subject to the duties, of the governing body of the hospital, centre, university, or other institution for the purpose of, and only to the extent necessary, to enable the carrying out of the activities specified in the order; and (b) the pre-existing governing body of the hospital, centre, university or other institution ceases to have any power as a governing body in relation to those activities and cannot override any directions given by the administrator regarding those activities, but will otherwise continue to exist as the governing body and have all its powers. Infertility Treatment Act 1995 - SECT 117 Notification about approvals and licences 117. Notification about approvals and licences (1) The Authority must, in accordance with the regulations- (a) give written notice of each approval, renewal of approval or variation, suspension or cancellation of approval under this Part to the licensee of each licensed centre; and (b) give written notice of each approval under Division 2 and 4 to a doctor approved to carry out donor insemination at a place other than a licensed centre; and (c) publish notice of each licence or approval granted under this Part, or renewal, variation, suspension or cancellation of such an approval or licence, in the Government Gazette. (2) If requested by the Authority in writing, the designated officer of each licensed centre must give written notice of any notice given to the licensee under subsection (1) to each doctor and scientist who has been approved under Division 3 or who is working at the centre. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 118 Notification to Minister 118. Notification to Minister (1) The Authority must cause the Minister to be notified immediately of- (a) any grant or renewal of a licence, approval or exemption; or (b) any suspension or cancellation of a licence, approval or exemption; or (c) any variation of a condition, term, limitation or restriction of a licence, approval or exemption. (2) If requested by the Minister, the Authority must- (a) give reasons for any action taken of which notice has been given under subsection (1) to the Minister; and (b) give any further information requested by the Minister. (3) When the Minister is notified of the grant under Division 2 of Part 8 of an approval to carry out research, the Minister must cause the notice to be laid before both Houses of Parliament within 14 sitting days after the Minister receives the notice. Division 6-Designated officers Infertility Treatment Act 1995 - SECT 119 Designated officers for licensed centres 119. Designated officers for licensed centres (1) The licensee of a licensed centre must ensure that at all times a designated officer is appointed, employed or engaged for that centre. Penalty: 50 penalty units. (2) That appointment, employment or engagement must be in writing. (3) The licensee of a licensed centre must notify the Authority and the Secretary immediately- (a) of the appointment, employment or engagement of a designated officer for that centre; or (b) of the cessation of the appointment, employment or engagement of a designated officer for that centre. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 120 If no designated officer appointed 120. If no designated officer appointed If at any time there is no designated officer for a licensed centre- (a) the medical superintendent of the centre (by whatever name known) or if he or she is absent from or not on duty at the centre, a person acting in his or her place; or (b) if there is no position of medical superintendent at the centre, the principal executive officer of the centre (by whatever name known), or if he or she is absent from or not on duty at the centre, a person acting in his or her place- is to perform the functions of the designated officer for the purposes of this Act until a designated officer is appointed. _______________ Infertility Treatment Act 1995 - PART 9 PART 9 INFERTILITY TREATMENT AUTHORITY Division 1-Constitution of the Authority Infertility Treatment Act 1995 - SECT 121 Establishment of Authority 121. Establishment of Authority (1) There is established an Authority to be called the Infertility Treatment Authority. (2) The Authority- (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may, by law, do and suffer. (3) The common seal must be kept as directed by the Authority and must not be used except as authorised by the Authority. (4) All courts must take judicial notice of the seal of the Authority on a document and, until the contrary is proved, must presume that the document was properly sealed. Infertility Treatment Act 1995 - SECT 122 Powers, functions, duties and consultation requirements 122. Powers, functions, duties and consultation requirements (1) The Authority has the following functions- (a) to administer the compiling and keeping of records under Part 7 and access to those records; (b) to administer the licensing and approvals systems under Part 8 and to grant exemptions under that Part or section 56; (c) to monitor compliance with licences, approvals and exemptions given under this Act; (d) to consider requests to approve the extension of the maximum storage period for gametes or embryos and, if it thinks fit, to approve that extension; (e) to keep under regular review the progress of approved research; (f) to keep records about- (i) programs and activities carried out under this Act, other than Part 2A; and (ii) programs and procedures relating to infertility carried out outside Victoria; (g) to keep under regular review and, if it thinks fit, to make recommendations to the Minister about its functions, operation or composition; (h) to promote research into the causes of infertility; (i) to approve the bringing of gametes or embryos into or the taking of them from the State, and to provide for the exemption from particular provisions of this Act in accordance with section 56; (j) without limiting the generality of the preceding paragraphs, any other functions conferred on the Authority by or under this or any other Act. (2) The Authority must, without delay, advise the Minister of any of the following matters that come to its notice- (a) a contravention of this Act or the regulations or the Infertility (Medical Procedures) Act 1984 or regulations made under that Act; (b) a breach of a licence, approval or exemption given under Part 8 or section 56 or the Infertility (Medical Procedures) Act 1984; (c) a development in- (i) research relating to infertility; or (ii) treatment for infertility- whether in Victoria or elsewhere, which the Authority considers of major importance or views with concern. (3) The Authority has all the powers necessary to enable it to perform its functions. (4) The Authority must have regard to the Minister's advice in carrying out its functions and exercising its powers. (5) In this section embryos does not include excess ART embryos within the meaning of Part 2A. Infertility Treatment Act 1995 - SECT 123 Membership 123. Membership (1) The Authority is to consist of not more than 7 members nominated by the Minister and appointed by the Governor in Council. (2) In making nominations for appointments to the Authority the Minister must have regard to the need for diversity of expertise and experience and to the need to appoint persons who have the expertise to carry out the functions of the Authority or to ensure that those functions are carried out. Infertility Treatment Act 1995 - SECT 124 Terms of office 124. Terms of office (1) A member of the Authority holds office- (a) for the period; and (b) on the terms and conditions- specified in his or her instrument of appointment. (2) A member of the Authority is eligible for reappointment. (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member. Infertility Treatment Act 1995 - SECT 125 Resignation and removal 125. Resignation and removal (1) A member of the Authority may resign the office of member by writing signed by the member and addressed to the Governor in Council. (2) The Governor in Council may at any time remove a member of the Authority from office. (3) If a member of the Authority dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, on the nomination of the Minister, fill the vacant office. (4) A member appointed under subsection (3) holds office for the rest of the term of appointment of the member whose place she or he fills. Infertility Treatment Act 1995 - SECT 126 Chairperson and Deputy Chairperson 126. Chairperson and Deputy Chairperson (1) The Governor in Council may appoint members of the Authority to be Chairperson and Deputy Chairperson. (2) A person appointed to an office under subsection (1) holds that office for the term specified in her or his instrument of appointment and is eligible for reappointment. (3) A person appointed to an office under subsection (1) may resign that office by writing signed by the person and addressed to the Governor in Council. (4) The Governor in Council may at any time remove a person appointed under subsection (1) from office. (5) A person appointed to an office under subsection (1) ceases to hold that office on ceasing to be a member of the Authority. Infertility Treatment Act 1995 - SECT 127 Acting member 127. Acting member (1) If a member of the Authority is unable to perform the duties or functions of the office, the Governor in Council may appoint a person qualified to be appointed as a member to act as the member during the period of inability. (2) The Governor in Council- (a) subject to this Act, may determine the terms and conditions of appointment of an acting member; and (b) may at any time terminate the appointment. (3) While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the member. Infertility Treatment Act 1995 - SECT 128 Payment of members 128. Payment of members (1) A member or acting member of the Authority, other than a member who is an employee in the public service within the meaning of the Public Administration Act 2004, is entitled to receive the fees that are fixed from time to time by the Governor in Council for that member. (2) Each member or acting member of the Authority is entitled to receive the allowances that are fixed from time to time by the Governor in Council. Infertility Treatment Act 1995 - SECT 129 Procedure of Authority 129. Procedure of Authority (1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson, must preside at a meeting of the Authority at which she or he is present. (2) If neither the Chairperson nor Deputy Chairperson are present at a meeting the members present may elect a member to preside at the meeting. (3) The person presiding at a meeting has a deliberative vote and a second or casting vote. (4) A majority of the members of the Authority currently holding office constitutes a quorum. (5) Except as otherwise provided for in this Act or the regulations, the Authority may regulate its own proceedings. Infertility Treatment Act 1995 - SECT 130 Effect of vacancy or defect 130. Effect of vacancy or defect An act or decision of the Authority is not invalid only because- (a) of a vacancy in its membership; or (b) of a defect or irregularity in the appointment of any of its members; or (c) in the case of an acting member, the occasion for that member so acting had not arisen or had ceased. Infertility Treatment Act 1995 - SECT 131 Member's interests $$T 131. Member's interests (1) A member who has- (a) a pecuniary interest in any matter in which the Authority is concerned; or (b) any other substantial interest in any matter in which the Authority is concerned which the member considers might appear to raise a material conflict between his or her private interest and his or her functions as a member of the Authority- must- (c) if the member is present at a meeting of the Authority at which the matter is to be considered, disclose the nature of the interest immediately before the consideration of that matter; or (d) if the member is aware that the matter is to be considered at a meeting of the Authority at which the member does not intend to be present, disclose the nature of the interest to the Chairperson or Deputy Chairperson of the Authority before the meeting is held. (2) The member- (a) may take part in the discussion in the meeting; and (b) must leave the meeting while any vote is taken on a question relating to the matter. Infertility Treatment Act 1995 - SECT 132 Immunity 132. Immunity (1) A member of the Authority is not personally liable for anything done or omitted to be done in good faith and without negligence- (a) in the exercise of a power or the discharge of a duty under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act. (2) Any liability resulting from an act or omission that would but for subsection (1), attach to a member of the Authority attaches instead to the Authority. Infertility Treatment Act 1995 - SECT 133 Engagement or employment of persons 133. Engagement or employment of persons The Authority may employ or engage a Chief Executive Officer and any other persons that are necessary for the purposes of the administration of the Authority and the carrying out of its powers and functions. Infertility Treatment Act 1995 - SECT 134 Delegation 134. Delegation The Authority may, in writing, with the approval of the Minister and subject to any conditions or limitations the Minister may impose, delegate to- (a) a committee established under section 135, its powers and functions under this Act and the regulations, other than- (i) the power to approve research under Division 2 of Part 8; or (ii) the power to approve under section 40; or (iii) the variation, suspension or revocation of an approval under section 40 or under Division 2 of Part 8; or (iv) the power to appoint authorised officers; or (v) the power to give orders under section 116; or (vi) this power to delegate; and (b) a person employed or engaged under section 133, its powers and functions under Part 7, section 184 and the regulations. Infertility Treatment Act 1995 - SECT 135 Committees 135. Committees The Authority may appoint one or more committees of members of the Authority to discharge the Authority's powers, functions and duties. Division 2-Supplementary powers Infertility Treatment Act 1995 - SECT 136 Powers of Authority in relation to fees 136. Powers of Authority in relation to fees (1) In the case of any fee for an application for, or renewal or issue of a licence or approval which the Authority is empowered to fix under this Act- (a) the Authority must determine the fee to be paid; and (b) the Authority may amend or vary such a fee; and (c) the Authority may determine a different fee for a different case or class of case and may allow for the reduction or refund, in whole or in part, of any such fee; and (d) before determining, amending or varying any fee as described in paragraph (a) or (b), the Authority must consult with the Minister; and (e) the Authority must cause any fee it has determined, amended or varied as described in paragraph (a) or (b) to be published in the Government Gazette. (2) In fixing fees under this Act the Authority is entitled to ensure that the amount of money collected in fees under this Act is sufficient to cover the cost to the Authority of its administration and of carrying out its powers, functions and duties under this Act. Division 3-Reporting and financial provisions Infertility Treatment Act 1995 - SECT 137 Report to Minister 137. Report to Minister (1) The Authority must on 30 September in each year report to the Minister on the following matters- (a) the programs under which treatment procedures and research are conducted and under which embryos and gametes are stored at licensed centres; and (b) particulars of each program including- (i) the number of treatment procedures carried out under this Act during the year and the nature and outcome of those procedures; and (ii) the number and kind of approvals for research given by the Authority during the year; and (iii) the number of participants in research or treatment procedures carried out at each licensed centre during the year; and (iv) the kinds of research carried out at each licensed centre during the year and the results of that research; and (v) the number of embryos formed at each licensed centre during the year; and (c) the number of licences, approvals and exemptions granted, varied, renewed, suspended or cancelled during the year; and (d) any other matter on which the Minister asks the Authority to report. (1A) In subsection (1)- (a) embryos does not include excess ART embryos within the meaning of Part 2A; and (b) research does not include a use of an excess ART embryo for which a licence is required under that Part. (2) The references to year- (a) in subsection (1)(a) and (b) are to the calendar year prior to the year in which the report is prepared; and (b) in subsection (1)(c) are to the year ending on the preceding 30 June. (3) The Minister must cause each report made by the Authority under subsection (1) to be laid before each House of the Parliament before the expiration of the 14th sitting day of that House after the Minister receives the report. Infertility Treatment Act 1995 - SECT 138 Infertility Treatment Authority Fund 138. Infertility Treatment Authority Fund (1) The Authority must establish and keep an Infertility Treatment Authority Fund. (2) The Authority must pay into the Fund- (a) any money received by it by way of fees paid to or recovered by it; and (b) and any income from the investments of the Fund; and (c) any other money received by the Authority. (3) The Authority may pay out of the Fund- (a) any expenses incurred in its administration or in the carrying out of its functions, powers and duties under this Act; and (b) any payments to be made to members of the Authority under this Act and any payments to be made to other persons by the Authority in the course of the exercise of its powers and functions under this Act; and (c) any other payments recommended by the Authority and approved by the Minister; and (d) any other payments authorised under any other Act. Infertility Treatment Act 1995 - SECT 139 Investment powers 139. Investment powers The Authority may invest money credited to the Fund that it does not immediately require- (a) in any manner authorised by section 4(1) of the Trustee Act 1958; or (b) in any other manner that the Minister approves. _______________ * * * * * _______________ Infertility Treatment Act 1995 - PART 11 PART 11 REVIEW OF DECISIONS Infertility Treatment Act 1995 - SECT 149 Review of decisions 149. Review of decisions (1) An application may be made to the Victorian Civil and Administrative Tribunal for review of a decision of the Authority- (a) to grant or refuse a licence or approval under Part 8, except an approval under Division 2 of Part 8; or (b) to grant or refuse to grant an approval under section 51(2) or 52(5); or (c) to grant or refuse an approval or exemption under section 56; or (d) to impose conditions, limitations or restrictions on a licence or approval or exemption, except an approval under section 40 or Division 2 of Part 8; or (e) to renew or refuse to renew a licence or approval under Part 8; or (f) to vary or refuse to vary a licence, approval, or exemption, except an approval under section 40 or Division 2 of Part 8; or (g) to suspend or cancel a licence, approval or exemption, except an approval under section 40 or Division 2 of Part 8- or of a failure by the Authority to make such a decision within a reasonable time. (2) An application under subsection (1) may only be made by a person whose interests are affected by- (a) the decision of the Authority; or (b) the failure of the Authority to act. (3) An application for review must be made within 28 days after the later of- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. (4) Section 50(3) of the Victorian Civil and Administrative Tribunal Act 1998 (Tribunal can stay decision) does not apply to a decision to suspend a licence or approval. _______________ Infertility Treatment Act 1995 - PART 12 PART 12 GENERAL Infertility Treatment Act 1995 - SECT 150 Decisions by Authority not reviewable 150. Decisions by Authority not reviewable A decision or purported decision of the Authority under section 99(1) or a decision or purported decision of the Authority under section 106 or 107 in relation to an approval under section 99(1) cannot be appealed against, reviewed, challenged, quashed or called in to question on any account in any court or tribunal or before any person acting judicially within the meaning of the Evidence Act 1958. Infertility Treatment Act 1995 - SECT 151 No action if gametes used without knowing consent withdrawn or lapsed 151. No action if gametes used without knowing consent withdrawn or lapsed If- (a) a person has carried out research under Part 3 or a treatment procedure for which consent was required; and (b) before the research or treatment procedure was carried out, the consent was withdrawn or an objection was made under the Act- no civil or criminal proceeding lies against that person because of the withdrawal of the consent or objection if, at the time the treatment procedure or research was carried out, that person did not know and could not reasonably be expected to have known that the consent had been withdrawn or the objection had been made. Infertility Treatment Act 1995 - SECT 152 Conscientious objections 152. Conscientious objections (1) Despite any Act, law or agreement to the contrary a person who has a conscientious objection to research involving the use of gametes or embryos or to a treatment procedure does not have to participate in that research or procedure unless it is necessary to do so because it is likely that a person who is or was a participant in the research or procedure will otherwise die. (2) In any proceedings the burden of proving a conscientious objection is on the person who relies on it. Infertility Treatment Act 1995 - SECT 153 Record of consent or objection and withdrawal of consent or objection 153. Record of consent or objection and withdrawal of consent or objection (1) Subject to section 154 and the regulations- (a) the designated officer of a licensed centre; and (b) an approved doctor who carries out donor insemination at a place other than a licensed centre; and (c) a prescribed person- must- (d) obtain and keep the original of each consent, withdrawal of consent, objection or withdrawal of objection lodged under Parts 2, 3 or 4 (as the case may be); and (e) ensure that a certified copy of each such consent, withdrawal of consent, objection or withdrawal of objection is given to the person who lodged the consent, withdrawal of consent, objection or withdrawal of objection. Penalty: 50 penalty units. (2) A copy of a document must be certified as a true copy under this section in accordance with the regulations. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 154 Transfer of documents 154. Transfer of documents (1) Subject to the regulations, if a gamete or embryo is to be or has been transferred from- (a) a licensed centre; or (b) the premises of an approved doctor who carries out donor insemination at a centre other than a licensed centre; or (c) a prescribed place- to another place, the designated officer of the licensed centre referred to in paragraph (a), the approved doctor referred to in paragraph (b), or a prescribed person in relation to a place described in paragraph (c) (as the case may be), must ensure that- (d) a consent, objection or withdrawal of a consent or an objection lodged at that place or forwarded to that place which relates to the gamete or embryo; and (e) any prescribed information- is also transferred to that other place, in accordance with the regulations. Penalty: 50 penalty units. (2) If a document is transferred under this provision a certified copy must be kept by the designated officer, approved doctor or prescribed person. Penalty: 50 penalty units. (3) A copy of a document must be certified as a true copy under this section in accordance with the regulations. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 155 Authorised officers 155. Authorised officers (1) The Authority may, in writing, appoint an employee of the Authority as an authorised officer for the purposes of determining whether or not this Act, or the regulations or a licence, approval or exemption, or the Infertility (Medical Procedures) Act 1984, the regulations or an approval made under that Act, are being or have been complied with. (2) The Authority must issue an identity card to each member of the Authority and to each authorised officer appointed by the Authority. Infertility Treatment Act 1995 - SECT 156 Powers and duties of members of Authority and authorised officers 156. Powers and duties of members of Authority and authorised officers (1) A member of the Authority or an authorised officer may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of determining compliance with this Act, or the regulations, or a licence, approval or exemption, or the Infertility (Medical Procedures) Act 1984, or the regulations or an approval made under that Act. (2) A member of the Authority or an authorised officer with any necessary assistants may enter a licensed centre or premises on which a doctor carries out donor insemination, or premises which are the subject of an approval or exemption at any time during ordinary working hours on any business day and may- (a) inspect the premises or anything found on the premises; and (b) require the production for inspection of any records or other documents or documents containing information required to be kept under this Act or any licence, approval or exemption, or under the Infertility (Medical Procedures) Act 1984 or an approval made under that Act; and (c) inspect any documents produced under paragraph (b); (d) take possession of any documents found on the premises or produced under paragraph (b) for so long as is necessary to make copies of or take extracts from those documents. (3) The member or authorised officer must as soon as possible report the results of an inspection under subsection (2) to the Authority. (4) A member of the Authority or an authorised officer may not exercise any powers under this section if the member or authorised officer fails to produce, on request, his or her identity card for inspection by the occupier of the premises. (5) A member of the Authority or an authorised officer may not take possession of any documents apparently in the custody of a person unless the member or authorised officer makes out and tenders to the person a receipt for the documents taken. Infertility Treatment Act 1995 - SECT 157 Offence to obstruct or hinder 157. Offence to obstruct or hinder A person must not obstruct or hinder a member of the Authority or an authorised officer in carrying out his or her powers or duties under section 156. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 158 Additional liability for offences 158. Additional liability for offences (1) If a person commits an offence against this Act at a licensed centre the licensee also commits an offence against this section. (2) A person who commits an offence against this section is liable to a penalty- (a) in the case of a body corporate, 500 penalty units; or (b) in any other case, the equivalent penalty to the original offence. (3) It is a defence to a prosecution of a person for an offence under this section to show that the person prosecuted- (a) did not know of and could not reasonably have been aware of or prevented; or (b) had taken reasonable steps to prevent- the commission of the original offence. (4) This section is in addition to, and does not take away from, any other provision of this Act. Infertility Treatment Act 1995 - SECT 159 Application of Public Records Act 1973 159. Application of Public Records Act 1973 The Public Records Act 1973 does not apply to a Register or record required to be kept under Part 7 of this Act. Infertility Treatment Act 1995 - SECT 160 Prohibition on destruction of documents 160. Prohibition on destruction of documents A person must not destroy, remove or cancel a document required to be kept by or under this Act or the regulations unless authorised by this Act to do so. Penalty: 50 penalty units. Infertility Treatment Act 1995 - SECT 161 Evidence 161. Evidence In any proceedings under this Act- (a) a copy of an order, request, direction, authority, decision, determination or notice made or given under this Act by the Minister or the Authority and signed and certified by the Minister, or sealed and certified by the Authority to be a true copy and to have been so made or given is evidence of the making or giving of the order, direction, authority, decision or notice; (b) in the absence of evidence to the contrary, proof is not required of the appointment of a person as an authorised officer under section 155. Infertility Treatment Act 1995 - SECT 162 Search warrants 162. Search warrants (1) A member of the police force may apply to a magistrate for the issue of a search warrant in relation to a particular place if the member of the police force believes on reasonable grounds that there is in that place a particular thing that may be evidence of the commission of an offence against this Act (other than Part 2A or Part 4A) or the regulations (other than the regulations made for the purposes of Part 2A or Part 4A) or the Infertility (Medical Procedures) Act 1984 or the regulations made under that Act. (2) The Authority may apply to a magistrate for the issue of a search warrant in relation to a particular place if the Authority believes on reasonable grounds that there is in that place a gamete or embryo, or records, which may indicate that a breach of section 116(6) has occurred. (3) If a magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that there are- (a) in relation to an application under subsection (1), reasonable grounds for believing that there is in that place a particular thing that may be evidence of the commission of an offence against this Act (other than Part 2A or Part 4A) or the regulations (other than the regulations made for the purposes of Part 2A or Part 4A) or the Infertility (Medical Procedures) Act 1984 or the regulations made under that Act; or (b) in relation to an application under subsection (2), reasonable grounds for believing that there is in that place a gamete or embryo, or records which may indicate that there has been a breach of section 116(6)- the magistrate may issue a search warrant authorising a member of the police force named in the warrant and any assistants- (c) to enter the place, or the part of the place, named or described in the warrant; and (d) to search for and seize a thing named or described in the warrant. (4) In addition to any other requirement, a search warrant issued under this section must state- (a) the offence or breach suspected; and (b) the place to be searched; and (c) a description of the thing to be searched for; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) Subject to subsection (7), the rules to be observed with respect to search warrants in the Magistrates' Court Act 1989 extend and apply to warrants under this section. (7) If a gamete or embryo or records are seized under a warrant issued following an application by the Authority under subsection (2), the gamete or embryo, or records seized must, if the Authority so requests, be taken to the Authority as soon as practicable to enable arrangements to be made for the transfer, use, storage or destruction of the gamete or embryo or the keeping of the records. Infertility Treatment Act 1995 - SECT 163 Indictable offences 163. Indictable offences (1) An offence under section 6, 7, 22(1), 23, 24, 53(1), 54 or 110A is an indictable offence. (2) An offence under section 158 is an indictable offence if the original offence is an indictable offence. (3) Offences that are indictable offences by force of this section are additional to any other offence that is expressed by this Act as being an indictable offence. Infertility Treatment Act 1995 - SECT 164 Supreme Court-limitation of jurisdiction 164. Supreme Court-limitation of jurisdiction It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from- (a) entertaining an action in which a decision or purported decision of the Authority under section 99(1) or a decision or purported decision of the Authority under section 106 or 107 in relation to an approval under section 99(1) is sought to be appealed against, reviewed, challenged, quashed or called in question; or (b) entertaining an action of the kind referred to in section 151. _______________ Infertility Treatment Act 1995 - PART 13 PART 13 REGULATIONS Infertility Treatment Act 1995 - SECT 165 Regulations 165. Regulations (1) The Governor in Council may make regulations for or with respect to any of the following- (a) forms for notices or other documents required under this Act; (b) fees, other than fees fixed by the Authority- (i) for the purposes of this Act; or (ii) payable in relation to applications for information made under the regulations; (c) the terms and conditions to be included in licences (other than licences to undertake approved research) and approvals under this Act; (d) the giving of information for inclusion in records and registers required or permitted to be kept, and notices required or permitted to be given, under this Act; (e) if counselling is required by this Act, the matters which it must address and the form it must take; (f) the giving of information and the keeping of records for the purposes of this Act; (g) limiting, in so far as it is not already provided for in the Act, the persons to whom, conditions under which, and circumstances in which information may be given; (h) specifying, in so far as it is not already provided for in the Act, the conditions under which, and circumstances in which an application may be made for the giving of information (other than information from which a person will or may be identified), and when such information must, or must not, or may be given; (i) specifying, in so far as it is not already provided for in the Act, the conditions under which, and circumstances in which information (other than information from which a person will or may be identified) may be given under section 90; (j) specifying, in so far as it is not already provided for in the Act, the conditions under which, and circumstances in which applications may be made for the giving of information which will or may identify a person, and when such information may, or must, be given with that person's consent, or when it must not be given; (k) prescribing persons or places where consents or objections or withdrawals of consents or objections under this Act are to be lodged; (l) the disposal of embryos removed from storage; (m) the manner of the recording of information in registers and the nature of information to be so recorded; (n) the manner of giving notice of birth to the Authority and the nature of the information to be given in the notice; (o) the manner of keeping the central register, and the register under section 82; (p) specifying, in so far as it is not already provided for in the Act, requirements regarding- (i) the transfer of information relating to a gamete or embryo which has been or is to be transferred from one place to another place; and (ii) the obtaining, keeping of and forwarding of consents, objections or the withdrawal of consents or objections or of certified copies of such documents (including, but not limited to, the circumstances where a consent, objection or withdrawal of a consent or objection relates to more than one gamete or embryo or activity or procedure); and (iii) the retaining of copies of consents, objections, or the withdrawals of consents or objections, and the certification of such documents; and (iv) specifying, to the extent not already provided for in this Act, requirements regarding the obtaining, keeping or transferring of consents or withdrawals of consents made under the Infertility (Medical Procedures) Act 1984, or other consents or withdrawals of consents in relation to a procedure, research, or a gamete or embryo made prior to the repeal of that Act or of a provision of that Act; * * * * * (r) for the purposes of section 181, to- (i) prescribe circumstances in which sections 62, 63, 64, 65 and 66 are not to apply to a matter, procedure, research, person or thing; and (ii) provide alternative powers, functions or duties in such circumstances; (s) penalties, not exceeding 20 penalty units, for breaches of the regulations; (t) generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations- (a) may be of general or limited application; and (b) may differ according to differences in time, place and circumstance; and (c) may confer a discretionary authority or impose a duty on, or leave any matter or thing to be determined or approved by, a specified person or class of persons; and (d) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification, or method, formulated, issued, prescribed or published by any person whether- (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before them; or (iii) as formulated, issued, prescribed or published from time to time. __________________ Infertility Treatment Act 1995 - PART 14 PART 14 REVIEW AND TRANSITIONAL PROVISIONS Division 1-Review of Parts 2A and 4A Infertility Treatment Act 1995 - SECT 166 Review of operation of Parts 2A and 4A 166. Review of operation of Parts 2A and 4A (1) The NHMRC must cause an independent review of the operation of- (a) Part 2A to be undertaken as soon as possible after the second anniversary of the day on which the Commonwealth Act received the Royal Assent; and (b) Part 4A to be undertaken as soon as possible after the second anniversary of the day on which the Prohibition of Human Cloning Act 2002 of the Commonwealth received the Royal Assent. (2) The review is to be undertaken by persons chosen by the NHMRC, with the agreement of the Minister. (3) The persons undertaking the review must give the Minister a written report of the review before the third anniversary of the day on which the relevant Commonwealth Act received the Royal Assent. (4) The persons undertaking the review must consider and report on the scope and operation of Parts 2A and 4A taking into account the following- (a) developments in technology in relation to assisted reproductive technology; (b) developments in medical research and scientific research and the potential therapeutic applications of such research; (c) community standards; (d) the applicability of establishing a National Stem Cell Bank. (5) The report must contain recommendations about amendments (if any) that should be made to this Act, having regard to the matters mentioned in subsection (4). (6) The persons undertaking the review must consult- (a) the State and the Commonwealth; and (b) a broad range of persons with expertise in or experience of relevant disciplines- and the views of the State, the Commonwealth and the persons mentioned in paragraph (b) must be set out in the report to the extent that it is reasonably practicable to do so. (7) The Minister must cause a copy of the report to be laid before each House of the Parliament as soon as practicable after he or she receives it. * * * * * Division 2-Transitional provisions Infertility Treatment Act 1995 - SECT 171 Definitions 171. Definitions (1) In this Division- donor (in relation to the repealed Act or to things done before the commencement of Part 2) means- (a) a woman who, under the repealed Act, consented to an oocyte produced by her or a zygote or an embryo formed from such an oocyte being used in a relevant procedure to be carried out on another woman or in a procedure under section 9A of the repealed Act; and (b) a man who, under the repealed Act, consented to his sperm or a zygote or an embryo formed from his sperm being used in a fertilisation procedure to be carried out on a woman who is not his wife or in a procedure under section 9A of the repealed Act; and (c) a man who before the commencement of Part 2 consented to his sperm being used in artificial insemination to be carried out on a woman other than his wife; and (d) a person who has consented to an embryo or zygote being used in an experimental procedure under section 6(3) of the repealed Act; and (e) a person who before the commencement of section 22 consented to his or her gametes being used in research (other than research described in section 22(1) or (2)); and (f) any other person who is a donor for the purposes of the repealed Act including, but not limited to, the persons referred to as a donor in sections 9A, 11, 12, 13 and 13A of that Act; and (g) a prescribed person; former Committee means the Standing Review and Advisory Committee established under the repealed Act; relevant procedure has the same meaning as in the repealed Act and includes artificial insemination; repealed Act means the Infertility (Medical Procedures) Act 1984; specified procedure means- (a) a relevant procedure carried out under the repealed Act; or (b) a treatment procedure which is or is to be or may be carried out under this Act, where a consent was given by a woman who is to or may undergo the procedure, or by her husband, or by a donor or the husband or wife of a donor- (i) under the repealed Act; or (ii) before the commencement of Part 2 (in relation to artificial insemination)- to the carrying out of a fertilisation procedure or artificial insemination or to the use of a gamete, zygote or an embryo in a fertilisation procedure or artificial insemination (as the case may be); or (c) research which is or is to be or may be carried out under this Act where a consent was given to the use of a gamete or a zygote or an embryo for such research- (i) under section 9A of the repealed Act; or (ii) in relation to other research, before the commencement of section 22; or (d) any other prescribed activity which was lawfully commenced before the commencement of this section. (2) Terms (other than terms defined in subsection (1)) used in this Division and defined in section 3(2) or any other provision of the repealed Act have the same meanings as in that section or provision, unless the contrary intention appears. (3) Unless the contrary intention appears, the definitions of husband, spouse and wife in section 3(1) of this Act do not apply to this Division. Infertility Treatment Act 1995 - SECT 172 General transitional provision 172. General transitional provision (1) Subject to subsection (2), this Division does not affect or take away from the operation of the Interpretation of Legislation Act 1984. (2) If a provision of this Division is inconsistent with a provision of the Interpretation of Legislation Act 1984, the provision of this Division prevails. (3) This Division applies despite anything to the contrary in this Act or the repealed Act. Infertility Treatment Act 1995 - SECT 173 Regulations 173. Regulations The regulations in force under the repealed Act immediately before the commencement of this section have effect, on and from that commencement- (a) to the extent to which regulations to a like effect could be made under this Act, as if made under this Act and may be amended or revoked accordingly; and (b) where a regulation relates to a provision of the repealed Act that is in operation at the commencement of this section or is otherwise continuing to apply, that regulation will also continue to apply to that provision, and may be amended or revoked under the repealed Act, notwithstanding the repeal of an empowering provision under that Act. Infertility Treatment Act 1995 - SECT 174 Donations 174. Donations (1) On the commencement of this section, a gamete, zygote or embryo donated for the purposes of a relevant procedure- (a) to be carried out on another woman, or on the wife of another man (as the case may be); or (b) to be carried out under section 9A of the repealed Act- but not used for that procedure at that commencement, must be taken to have been donated for the purpose of a treatment procedure or research under this Act corresponding to that procedure. (2) On the commencement of this section, a gamete donated for the purposes of research of the kind described in section 22(3) but not used for that research at that commencement must be taken to have been donated for the purposes of equivalent research under this Act. (3) Subject to section 181, on the commencement of this section, a person who was the donor of a gamete, zygote or embryo referred to in subsection (1) or (2) must be taken to be a donor of that gamete, zygote or embryo for the purposes of this Act. Infertility Treatment Act 1995 - SECT 175 Consents 175. Consents (1) If, before the commencement of this section- (a) a consent has been given for the purposes of a fertilisation procedure under the repealed Act or for the purposes of artificial insemination using sperm of a donor, by- (i) a donor; or (ii) a donor's spouse; or (iii) a woman who is to undergo the procedure or her husband- and has not been withdrawn at the commencement of this section; and (b) at the commencement of this section the procedure has not been carried out- the consent is deemed, subject to section 180, to be a consent made under and complying with Parts 2 and 4 of this Act to the carrying out of a treatment procedure that corresponds to that procedure, or to the use of a gamete, zygote or embryo in a treatment procedure that corresponds to that procedure. (2) If- (a) a consent has been given for the purposes of a procedure to which section 9A of the repealed Act applies and has not been withdrawn before the commencement of this section; and (b) at the commencement of this section the procedure has not been carried out- the consent is deemed to be a consent made under and complying with Parts 3 and 4 of this Act to the carrying out of that procedure in accordance with Parts 3 and 4. (3) The designated officer of a licensed centre which, before the commencement of this section, was an approved hospital within the meaning of the repealed Act must, subject to the regulations, continue to keep consent documents held at the centre at the commencement of this section and relating to relevant procedures carried out under the repealed Act at the centre before that commencement. (4) If- (a) a consent has been given to the use of a gamete in research (other than research described in section 22(1) or (2)) and has not been withdrawn before the commencement of this section; and (b) at the commencement of this section the research has not been carried out- sections 35(2) and 36 do not apply to the consent to the use of that gamete in research under section 34. (5) If subsection (1) applies so that a consent is deemed to be a consent complying with section 8, 12 or 13, section 10(1) or 17 (as the case may be) does not apply in relation to that consent. Infertility Treatment Act 1995 - SECT 176 Eligibility for fertilisation procedures 176. Eligibility for fertilisation procedures (1) If all of the requirements of the repealed Act that have to be met before a fertilisation procedure can be carried out under the repealed Act on a woman have been met before the commencement of this section but that procedure has not been carried out at that commencement, a treatment procedure corresponding to that procedure may only be carried out on that woman in accordance with this Act and for that purpose compliance with those requirements is deemed to be compliance with the requirements of Divisions 2, 3 and 4 of Part 2 of this Act. (2) This section does not affect or limit the operation of Division 1 or section 9(1)(c), 10(2), 11(2), 14(1)(c), 15, 21 or 175. Infertility Treatment Act 1995 - SECT 177 Eligibility to undergo donor insemination 177. Eligibility to undergo donor insemination (1) If- (a) the requirements regarding counselling in section 18 of the repealed Act that have to be met before artificial insemination can be carried out on a woman have been met before the commencement of this section; and (b) the proposed procedure involves the use of sperm from a man who is not the woman's husband- and that procedure has not been carried out at that commencement, the procedure may only be carried out under this Act and for that purpose, section 11(1) is deemed to have been complied with. (2) Section 8(3), Division 3 of Part 2 (except sections 12(1), 14(1) and (2) and 15) and section 20 do not apply to the carrying out of the artificial insemination after commencement of this section in the circumstances outlined in subsection (1). (3) Sections 13, 14(3) and (4), 16 and 17 only apply to the carrying out of artificial insemination after the commencement of this section in the circumstances outlined in subsection (1) if the donor consents under section 12 after that commencement. (4) This section does not affect or limit the operation of section 180(4). Infertility Treatment Act 1995 - SECT 178 Eligibility-research procedures 178. Eligibility-research procedures (1) If all of the requirements under the repealed Act that have to be met before a procedure to which section 9A of that Act applies can be carried out under the repealed Act have been met before the commencement of this section but at that commencement that procedure has not been carried out, that procedure may only be carried out in accordance with Part 3 of this Act and for that purpose compliance with the requirements of those requirements is deemed to be compliance with Divisions 1 and 2 of Part 3. (2) This section does not affect or limit the operation of sections 29(1)(c), 30 or 175. Infertility Treatment Act 1995 - SECT 179 Partial compliance 179. Partial compliance (1) If- (a) one or more, but not all, of the requirements which have to be met for a fertilisation procedure under the repealed Act to be carried out on a woman under that Act have been met before the commencement of this section; and (b) the procedure is to be carried out after that commencement- counselling of- (c) the woman who is to undergo the procedure; or (d) the husband of a woman who is to undergo the procedure; or (e) a donor; or (f) a spouse of a donor- under the repealed Act is deemed to be the equivalent counselling under and in accordance with this Act. (2) If- (a) one or more, but not all, of the requirements which have to be met for a fertilisation procedure under the repealed Act to be carried out on a woman under that Act have been met before the commencement of this section; and (b) the procedure is to be carried out after that commencement; and (c) an assessment of eligibility to undergo a fertilisation procedure following examination or treatment has been conducted under section 10(3)(c) and (d), 11(3)(c) and (d), 12(3)(c) and (d), 13(3)(c) and (d) or 13A(3)(c) and (d) of the repealed Act- and the woman was eligible to undergo a procedure under that section- (d) the woman is deemed to be eligible to undergo a fertilisation procedure under this Act that corresponds to that procedure; and (e) the use of sperm, an oocyte, a zygote or an embryo including sperm, an oocyte, a zygote or an embryo from a donor (as the case may be) as would have been permitted under the repealed Act is permitted in the corresponding procedure under this Act- if, in all other respects, the requirements of this Act (including the requirements in relation to consents under sections 8, 12 and 13) are met. (3) This section does not affect or limit the operation of section 175. (4) If section 175 applies so that a consent is deemed to be a consent complying with section 8, 12 or 13 but the person who has given the consent has not undergone counselling (where counselling is required) under the repealed Act, the counselling referred to in section 11(1) or 16 (as the case may be) in relation to that person must take place before the performance of the procedure to which the consent has been given. (5) Subject to section 189, if one or more, but not all, of the requirements which have to be met for a procedure to which section 9A of the repealed Act applies can be carried out under that Act have been met before the commencement of this section, the procedure may only be carried out after that commencement under this Act and for that purpose- (a) a consent which complies with section 9A(2)(b)(iii) or 9A(3)(b) of the repealed Act is deemed to be a consent given under and in accordance with section 27(1)(a) or 28(1) and in accordance with sections 29 and 36; and (b) counselling in compliance with section 9A(2)(b)(iv) or 9A(3)(c) of the repealed Act is deemed to be counselling under and in accordance with section 31; and (c) if a consent has been given as described in paragraph (a)- (i) section 32 does not apply to a person who has given that consent; and (ii) if counselling has not taken place as described in paragraph (b), the counselling described in section 31 must take place before the carrying out of the research. Infertility Treatment Act 1995 - SECT 180 Identified donors under section 16 of the repealed Act 180. Identified donors under section 16 of the repealed Act (1) Counselling carried out under section 16 of the repealed Act before the commencement of this section is deemed to be counselling under and in accordance with section 18(1)(c), in relation to a procedure to be carried out after that commencement. (2) A request by a woman and her husband under section 16 of the repealed Act prior to the commencement of this section with respect to gametes to be given by a specified person to be used in a relevant procedure is deemed to be a request under section 18(1)(a) and (2), in relation to a procedure to be carried out after that commencement. (3) Section 18(1)(b) does not apply to the carrying out of a fertilisation procedure if a donor has given consent in the circumstances described in section 175(1) and, before the commencement of this section, has undergone counselling under section 16(b) of the repealed Act. (4) Section 18(1)(b) applies to the carrying out of a treatment procedure if- (a) the woman who is to undergo the procedure or her husband (within the meaning of section 3(1) of this Act) knew the identity of a donor before the commencement of this section; and (b) the donor has given or will give consent under section 12. (5) Section 18(1)(b) applies to the carrying out of a fertilisation procedure if a donor has given consent in the circumstances described in section 175(1) and has not undergone counselling under section 16(b) of the repealed Act before the commencement of this section. Infertility Treatment Act 1995 - SECT 181 Recording and disclosing information-general 181. Recording and disclosing information-general (1) Subject to this Division and to the regulations, Divisions 3 and 4 of Part 7, and sections 62(1), 63(1), 68, 69, 70 and 73 and any other prescribed provisions apply to- (a) a relevant procedure carried out under the repealed Act or an experimental procedure carried out under section 6(3) of the repealed Act; and (b) a donor who gave a gamete, zygote or an embryo which was used in a procedure referred to in paragraph (a) carried out under the repealed Act, or who gave a gamete or a zygote which was used to form a zygote or an embryo (as the case may be) which was used in such a procedure carried out under the repealed Act; and (c) the husband or wife of a person referred to in paragraph (b); and (d) a woman who underwent a relevant procedure under the repealed Act and her husband; and (e) a person born as a result of the carrying out of a relevant procedure under the repealed Act; and (f) a gamete, zygote or an embryo used in a procedure referred to in paragraph (a) which was carried out under the repealed Act, or which was used to form a zygote or an embryo (as the case may be) which was used in such a procedure carried out under the repealed Act; and (g) information in connection with a procedure carried out under the repealed Act or a person or thing referred to in paragraph (a), (b), (c), (d), (e) or (f). (2) Despite their repeal, sections 19 and 21 of the repealed Act continue to apply in relation to- (a) things required to be done, but not done, prior to the repeal of those provisions; and (b) those things which would have been required to be done but for the repeal of those provisions- but- (c) if information is or was required to be given to the Chief General Manager or to the Secretary of the Department of Health and Community Services under section 19 or 21 of the repealed Act, each section is to be taken- (i) to apply only to a procedure involving the use of a gamete, zygote or an embryo from a donor, and to the birth of a child from such a procedure; and (ii) to provide that the information is to be given to the Authority (rather than to the Chief General Manager or the Secretary) for inclusion in the central register; and (d) if, after the commencement of Part 7, information is required to be kept in a register or written record under section 19 or 21 of the repealed Act, and the approved hospital or medical practitioner to whom the provision applies is subject to section 62 or 63 of this Act, the information must be kept in the equivalent register under those provisions rather than as required under section 19 or 21 of the repealed Act. (3) Subject to this Division and to the regulations, Part 7 applies- (a) if a treatment procedure or research is or may be carried out after the commencement of Part 2, where- (i) a consent or other requirement in relation to a donor, the woman who is to undergo the procedure or her husband or some other person; or (ii) any other requirement in relation to that procedure or research- was given or begun or otherwise commenced under the repealed Act or prior to the commencement of Part 2, to- (iii) that treatment procedure or research; and (iv) a donor who has given a gamete, zygote or an embryo which has been or may be used in such a treatment procedure or research or which may be or has been used to form a zygote or an embryo which has been or may be used (as the case may be) in such a treatment procedure or research and the spouse of such a person; and (v) a woman who may undergo or has undergone such a treatment procedure and her husband; and (vi) a person born as a result of such a treatment procedure; and (vii) a gamete, zygote or an embryo used or which may be used in such a treatment procedure or research or which was used or may be used to form a zygote or an embryo which has been or may be used (as the case may be) in such a treatment procedure or research; and (viii) information in connection with a treatment procedure, research, person or thing referred to in subparagraph (iii), (iv), (v), (vi) or (vii); and (b) to any information which is not referred to in subsection (1) which is kept or required to be kept in the register of a hospital or a written record of a doctor under section 19 or 21 of the repealed Act or in the central register under section 22 of that Act. (4) For the purposes of subsections (1) and (3), and in addition to section 174, Part 7 applies with any necessary modifications, including the following- (a) a reference to a licensed centre is to include a reference to an approved hospital; and (b) a reference to the central register includes a reference to the central register under section 22 of the repealed Act; (c) a reference to a donor includes a reference to a donor within the meaning of section 171(1); (d) a reference to a treatment procedure includes a reference to a fertilisation procedure or artificial insemination under the repealed Act; and (e) a reference to a donor treatment procedure includes a reference to a fertilisation procedure under the repealed Act using gametes from a donor or a zygote or embryo donated by or formed from a gamete donated by a donor, and to artificial insemination using sperm of a donor. (5) In subsections (1)(e) and (3)(f), information in connection with, includes information about- (a) gametes, zygotes or embryos; and (b) a person who produces gametes; and (c) consents; and (d) the outcome of a procedure, including pregnancy or miscarriage; and (e) the birth of a child as a result of a procedure. (6) For the purposes of this section, listed person in sections 89(3) and 90 includes, in addition to the persons referred to in section 89(3)- (a) a person who- (i) is or has been involved in the management of, engaged or employed at or worked for or at an approved hospital; or (ii) is or has been a doctor who has carried out artificial insemination at a place other than an approved hospital or any person who is or has been engaged or employed by or worked for or with such a doctor; or (b) a person who is or has been a designated officer or an approved counsellor; or (c) a person who carries out or has carried out or is or has been involved in the carrying out of- (i) a relevant procedure, whether or not at an approved hospital; or (ii) an experimental procedure under section 6(3) of the repealed Act; or (iii) anything authorised to be done under the repealed Act; (iv) any other function under the repealed Act; or (d) the former Committee or any person who is or has been a member of that Committee or who has been employed or engaged to assist that Committee in carrying out its functions; or (e) any person who is or has been involved in the administration of the repealed Act. (7) Section 70 applies to a register or written record kept under section 19 or 21 of the repealed Act if the register or record is not, by virtue of section 182, a register under section 62 or 63. (8) In this section, a reference to information in section 165 includes a reference to- (a) information kept or required to be kept under the repealed Act; and (b) information about a matter, thing or person referred to in subsection (1) or (3). (9) Despite any other provision in this Division, Part 7 does not apply to a treatment procedure or artificial insemination carried out before 1 July 1988 or to a donor whose gamete, zygote or embryo was used in such a procedure or insemination except- (a) in relation to information required to be recorded in a register or written record under section 19 or 21 of the repealed Act or in the central register under section 22 of the repealed Act; or (b) in the prescribed circumstances. Infertility Treatment Act 1995 - SECT 182 Registers and records 182. Registers and records (1) A Register existing immediately before the commencement of this section under section 19 of the repealed Act in respect of an approved hospital that becomes a licensed centre by virtue of section 191 forms part of the Register to be kept at that centre under section 62. (2) A written record existing under section 21 of the repealed Act immediately before the commencement of this section and kept by a doctor who is an approved doctor under Part 8 forms part of the record to be kept by that doctor under section 63. (3) The central Register existing under section 22 of the repealed Act immediately before the commencement of this section forms part of the central Register kept under section 68 of this Act. Infertility Treatment Act 1995 - SECT 183 Recording and giving information 183. Recording and giving information (1) Subject to the regulations, on the commencement of this section information recorded or given before that commencement or given after that commencement in accordance with this Act under a provision of the repealed Act specified in column 1 of the Table as required by that provision or this Act is deemed to be information referred to in, and recorded or given in accordance with, a provision of this Act appearing opposite in column 2 of the Table, to the extent that a provision in column 2 imposes a type of requirement equivalent to the type of requirement imposed under the provision in column 1. (2) The regulations may prescribe further provisions for the purpose of this section. Table Provision of repealed Act Provision of this Act Section 19(2)(a) Section 62(2)(a) (d) and (i) Section 19(2)(b) Section 62(2)(l) Section 19(2)(c) Section 62(2)(m) Section 19(2)(d) Section 62(2)(b) Section 19(2)(e) Section 62(2)(a), (b), (c), (e), (f), (i), (j) and (n) Section 19(2)(f) Section 62(2)(b), (c), (f), (g), (i) and (j) Section 19(2)(g) Section 62(2)(b), (c), (f) and (i) Section 19(2)(h) Section 62(2)(d) and (o) Section 19(3)(a) Section 64(a) and 66(b) and (c) Section 19(3)(b) Section 64(a) and 66(a) Section 19(4)(a) Section 154 Section 19(4)(b) Section 62(2)(h) Section 20(1) Section 71(3) Section 20(2) Section 72(2) and 73(5) Section 21(a) Section 63(2)(a), (b), (e) and (f) Section 21(b) Section 63(2)(c) and (f) Section 21 Section 65(a) and 66. Infertility Treatment Act 1995 - SECT 184 Access to information 184. Access to information (1) A request under section 20 (3) of the repealed Act that has not been complied with before the commencement of this section is deemed to be a request made under section 73(1) of this Act. (2) An application under section 23(2) of the repealed Act that has not been dealt with under section 23(3) of that Act before the commencement of this section is deemed to be an application under section 79(1)(a) of this Act and must be forwarded to the Authority. (3) On receiving an application made under section 79(1)(a) by a person- (a) who is or may have been born as the result of a specified procedure in which- (i) a gamete or a zygote or an embryo given by a donor was used; and (ii) the donor gave consent to the use of the gamete, zygote or embryo in relation to such a procedure under the repealed Act or prior to the commencement of Part 2; or (b) who is the descendant of a person who has or may have been born as the result of such a specified procedure- the Authority must give, in writing, any such information recorded in the Central Register to the applicant, if the Authority is satisfied that the applicant, has been offered counselling about the potential consequences of the disclosure of that information from a counsellor approved under Part 8 to give counselling to persons applying for information under section 79. (4) On receiving an application made under section 79(1)(b) by a person- (a) who is or may have been born as the result of a specified procedure in which- (i) a gamete or a zygote or an embryo given by a donor was used; and (ii) the donor gave consent to the use of the gamete, zygote or embryo in relation to such a procedure under the repealed Act or prior to the commencement of Part 2; or (b) who is the descendant of a person who has or may have been born as the result of such a specified procedure- the Authority must give, in writing, any such information recorded in the Central Register to the applicant- (c) if the Authority is satisfied that the donor has first consented in writing to the giving of that information; and (d) the information is given in accordance with any conditions or limitations imposed by the donor; and (e) the Authority is satisfied that the applicant has received counselling about the potential consequences of the disclosure of that information from a counsellor approved under Part 8 to give counselling to persons applying for information under section 79; and (f) the donor's consent has not been withdrawn in writing. (5) For the purposes of subsection (4), the Authority must make reasonable efforts- (a) to find the donor whose consent is required; and (b) before seeking the consent, to advise the donor that he or she may need counselling and provide the donor with the names of counsellors approved under Part 8 to give counselling to a person in respect of whom an application has been made under section 79; and (c) if the donor consents to the giving of the information, before the information is given, to advise the donor that the information is about to be given. (6) Section 80 does not apply to an application to which subsection (3) or (4) applies or to an application in relation to a treatment procedure or artificial insemination carried out before 1 July 1988. (7) Information or a consent given or required to be given under subsection (3) or (4) is deemed for the purposes of Part 7 to be information or a consent given or required to be given under Division 3 of that Part. (8) Section 81 applies to this section. Infertility Treatment Act 1995 - SECT 185 Gametes, zygotes and embryos in storage 185. Gametes, zygotes and embryos in storage (1) A gamete, zygote or embryo which, immediately before the commencement of this section, was in storage may be used in accordance with this Act in a treatment procedure or research. (2) Subject to sections 186, 187, 188, this Division and the regulations, this Act (except section 52) applies to gametes, zygotes and embryos in storage at the commencement of this section. Infertility Treatment Act 1995 - SECT 186 Application of time limits for storage of zygotes and embryos 186. Application of time limits for storage of zygotes and embryos (1) A person must not cause or permit a zygote or embryo in storage at the commencement of section 185 to remain in storage at or after that commencement- (a) if a person who has produced a gamete from which the zygote or embryo was formed has specified in writing a maximum total period of storage of less than five years, after that period; or (b) in any other case, after- (i) five years from the date on which the zygote or embryo was first placed in storage; or (ii) any longer period approved by the Authority. Penalty: 240 penalty units or 2 years imprisonment or both. (2) The Authority may approve in writing a longer period of storage under subsection (1), with or without conditions, if it considers that there are reasonable grounds to do so in the particular case. (3) For the purposes of this Act an approval by the Authority under this section is deemed to be an approval under section 52(4). (4) Subsection (1)(b)(i) does not apply to a zygote or embryo until the second anniversary of the day on which this Act receives the Royal Assent. (5) Section 51(1)(b)(i) does not apply to a gamete in storage at the commencement of section 185 until the second anniversary of the day on which this Act receives the Royal Assent. Infertility Treatment Act 1995 - SECT 187 Removal from storage 187. Removal from storage If a zygote or embryo is stored at a place that is not an approved hospital at the commencement of this section, section 53(1) does not apply to such a zygote or embryo. Infertility Treatment Act 1995 - SECT 188 Use of stored gametes, zygotes and embryos 188. Use of stored gametes, zygotes and embryos Section 55 applies to a gamete, zygote or embryo in storage at the commencement of this section, but only in relation to its storage after that commencement. Infertility Treatment Act 1995 - SECT 189 Approval of research procedures 189. Approval of research procedures (1) In this section specified approval means an approval- (a) given by the former Committee under section 9A of the repealed Act; and (b) in force, or varied and in force, immediately before the commencement of this section. (2) On the commencement of this subsection- (a) an approval in force under section 6(3) of the repealed Act ceases to have effect; and (b) a request for approval under that subsection not determined at the date of commencement of this section lapses. (3) On the commencement of this subsection a specified approval to which this section applies is deemed to have been given by the Authority under Division 2 of Part 8 and may be varied or cancelled accordingly. (4) Section 22(1)(c) does not apply to the carrying out of research under an approval deemed to have been given by the Authority under subsection (3). Infertility Treatment Act 1995 - SECT 190 Approval of counsellors 190. Approval of counsellors (1) An approval of a person as a counsellor- (a) given by the Minister under the repealed Act; and (b) in force, or varied and in force, immediately before the commencement of this section- is deemed to be an approval given by the Authority under Division 4 of Part 8 and may be varied, suspended, or cancelled accordingly. (2) Subsection (1) does not affect the continuity of the terms and conditions of an approval to which it applies. Infertility Treatment Act 1995 - SECT 191 Approval of premises 191. Approval of premises (1) Subject to subsection (11), an approval of a public hospital, private hospital or denominational hospital- (a) under section 7 of the repealed Act; and (b) in force, or varied and in force, immediately before the commencement of this section- is deemed to be a licence granted by the Authority under Division 1 of Part 8 on the same terms and conditions as those applying to the approval, and may be varied or cancelled or renewed accordingly. (2) A licence referred to in subsection (1) that applies to a public hospital, denominational hospital or private hospital must be taken to authorise the carrying out, by a doctor or other person, of donor insemination but only if the hospital was, immediately before the commencement of this subsection, approved as a place at which the procedure of artificial insemination may be carried out. (3) Subject to subsection (4), the prescribed conditions do not apply to a licence referred to in subsection (1). (4) As soon as practicable after the commencement of this section but not later than the end of 6 months after that commencement of this section the Authority must, in accordance with this Act, vary a licence referred to in subsection (1)- (a) to include in the licence- (i) the prescribed conditions applying to licences granted after the commencement of this section for activities, and authorising procedures, of the same kind as those covered by the licence to be varied; and (ii) any terms and conditions that the Authority wishes to impose under subsection (5); and (b) to remove any inconsistency between the existing terms and conditions of the licence and those included under paragraph (a). (5) Section 106 applies to a licence referred to in subsection (1) for six months after the commencement of this section, so as to empower the Authority to impose conditions during that six month period. (6) Sections 107 and 110 apply to a licence referred to in subsection (1) as if that licence was granted under Part 8. (7) Subsection (4) does not apply to an activity at premises which has become subject to a licence granted or renewed under Part 8. (8) If a licence referred to in subsection (1) refers to a procedure or to a provision of the repealed Act to describe a procedure authorised by the licence, that licence is deemed to authorise the carrying out under this Act of a procedure corresponding to that procedure. (9) A licence referred to in subsection (1) must be taken to authorise the storage of gametes, zygotes and embryos at the licensed centre. (10) Part 8 does not apply to the variation of a licence under subsection (4). (11) The Authority must designate a person who is to be the licensee in relation to a licence referred to in subsection (1) and for that purpose a licensee must be- (a) in relation to a hospital that is a legal person, that hospital; or (b) in relation to a denominational hospital that is not a legal person, a nominee of the hospital who is a legal person; or (c) in relation to a private hospital, the proprietor and, if the proprietor is not a legal person, a nominee of the proprietor who is a legal person- and a licence referred to in subsection (1) is not deemed to be a licence granted under Division 1 of Part 8 until that designation is made. Infertility Treatment Act 1995 - SECT 192 Review of Ministerial decisions 192. Review of Ministerial decisions Despite its repeal, Part VI of the repealed Act (as in force immediately before the commencement of this section) continues to apply to a decision of the Minister under that Act. Infertility Treatment Act 1995 - SECT 193 Ministerial directions 193. Ministerial directions (1) This Part does not affect the continuity of the status and effect of a direction given under section 7 of the repealed Act and anything required or authorised by the direction that has not been done at the commencement of this section must be done or completed in accordance with that direction and this Act. (2) This Act applies to a zygote or an embryo which, before the commencement of this section, in accordance with section 14(1)(a) of the repealed Act has been made available for use in a relevant procedure but at the commencement has not been used for that procedure. (3) This Act applies if- (a) under section 14(1)(b) of the repealed Act, a direction has been given that a zygote or an embryo be made available for use in a relevant procedure; and (b) at the commencement of this section the procedure has not been carried out- as if all relevant consents had been given under this Act to the carrying out of a treatment procedure or research corresponding to that procedure. Infertility Treatment Act 1995 - SECT 194 Abolition of former Committee 194. Abolition of former Committee (1) The former Committee is abolished and its members go out of office. (2) The Authority may, in accordance with this Act, continue and complete any thing of a continuing nature commenced by the former Committee. * * * * * (4) The Authority must prepare the Annual Report that the former Committee would have been required to prepare in accordance with the requirements of section 29(9) of the repealed Act, if that provision had not been repealed. * * * * * $$A Infertility Treatment Act 1995 - SECT 196 Exemptions 196. Exemptions (1) The Authority may, in writing, with the approval of the Minister exempt a person from all or any of the provisions of this Act (other than section 24) or the regulations or any part of a provision of this Act (other than section 24) or the regulations in respect of- (a) a specified procedure; or (b) a procedure involving the use of a zygote or an embryo referred to in section 193(2) or (3); or (c) anything done in accordance with the repealed Act; or (d) a continuing matter commenced under the repealed Act but not completed at the commencement of this section. (2) An exemption- (a) may be general or limited in application to any particular case or class of cases; and (b) may be made subject to any conditions that the Authority specifies in the exemption; and (c) may specify who must comply with any conditions of the exemption. (3) A person required to comply with a condition of an exemption must comply with that condition. Penalty: 50 penalty units. (4) The Authority may, in writing, amend or revoke an exemption. (5) As soon as possible after making, amending or revoking an exemption the Authority must give written notice of this to each person to whom it applies or will apply. (6) This section applies despite anything to the contrary in this Division. (7) Without limiting subsection (1)(d), continuing matter under that subsection includes- (a) a case where section 176, 177, 179 or 180 applies; and (b) a gamete, zygote or embryo in storage before the commencement of this section or section 185. Infertility Treatment Act 1995 - SECT 197 Existing immunity not affected 197. Existing immunity not affected (1) The amendments made to section 133 of the Health Act 1958 by Division 1 do not affect any immunity existing under that section immediately before the date of commencement of this subsection. (2) Despite the repeal of section 15(2) or 24 of the repealed Act, those provisions continue to apply to a relevant procedure carried out under that Act. Infertility Treatment Act 1995 - SECT 198 Superseded references 198. Superseded references (1) On the commencement of this section and unless inconsistent with the context or subject matter, a reference in an Act or regulations (other than this Act) or a document, in relation to a period on or after that commencement- (a) to an approved hospital under the repealed Act is deemed to be a reference to a licensed centre; and (b) to the central Register under the repealed Act is deemed to be a reference to the central Register under Part 7 of this Act; and (c) to a Register under section 19 of the repealed Act is deemed to be a reference to a Register under section 62 of this Act; and (d) except in relation to approving research, to the former Committee is deemed to be a reference to the Committee; and (e) to the former Committee, in relation to approving research, is deemed to be a reference to the Authority; and (f) to a record kept under section 21 of the repealed Act is deemed to be a reference to a record under section 63; and (g) to the designated officer of an approved hospital under the repealed Act is deemed to be a reference to the designated officer of a licensed centre; and (h) to a fertilisation procedure is deemed to be a reference to a fertilisation procedure under this Act; and (i) to a relevant procedure, other than a procedure under section 9A of the repealed Act, is deemed to be a reference to a treatment procedure; and (j) to an approved counsellor under the repealed Act is deemed to be a reference to a counsellor approved under Part 8 of this Act; and (k) to the repealed Act is deemed to be a reference to this Act; and (l) to the regulations made under the repealed Act is deemed to be a reference to the regulations made under this Act. (2) Regulations may be made prescribing superseded references. Infertility Treatment Act 1995 - SECT 199 Further savings and transitional provisions 199. Further savings and transitional provisions (1) The regulations may contain provisions of a savings or transitional nature consequent on- (a) the coming into operation of any provision of this Act; or (b) the repeal of any provision of the repealed Act; or (c) the coming into operation of a regulation under this Act; or (d) the revocation of a regulation under the repealed Act. (2) The regulations may provide for the presumed or deemed construction of a consent, assessment of eligibility or other document- (a) made under or in relation to the repealed Act; or (b) made before the commencement of section 22 or Part 2. (3) Subsection (2) does not limit or affect subsection (1). Division 3-Savings and transitional provisions (2003 Act) Infertility Treatment Act 1995 - SECT 200 Definition 200. Definition In this Division, the amending Act means the Health Legislation (Research Involving Human Embryos and Prohibition of Human Cloning) Act 2003. Infertility Treatment Act 1995 - SECT 201 Status of certain licences and approvals 201. Status of certain licences and approvals A licence or approval under Part 8, that is in force immediately before the commencement of section 7 of the amending Act, ceases to have effect by force of this subsection on and from that commencement to the extent to which it relates to a use of an excess ART embryo within the meaning of Part 2A for which a licence is required under that Part. Infertility Treatment Act 1995 - SECT 202 Regulations 202. Regulations The regulations may contain provisions of a savings or transitional nature consequent to- (a) the coming into operation of any provision of the amending Act; (b) the repeal of any provision of this Act by the amending Act; (c) the coming into operation of a regulation under this Act as amended by any provision of the amending Act. Infertility Treatment Act 1995 - SECT 203 General transitional provision 203. General transitional provision (1) Subject to subsection (2), this Division does not affect or take away from the operation of the Interpretation of Legislation Act 1984. (2) If a provision of this Division, or a regulation made under this Division, is inconsistent with a provision of the Interpretation of Legislation Act 1984, the provision of this Division or the regulation (as the case requires) prevails. Division 4-Savings and transitional provisions (2007 Act) Infertility Treatment Act 1995 - SECT 204 Definition 204. Definition In this Division- commencement means the commencement of the Infertility Treatment Amendment Act 2007. Infertility Treatment Act 1995 - SECT 205 Existing applications for licences 205. Existing applications for licences (1) This section applies if- (a) before the commencement a person had applied for a licence under section 21H of this Act; and (b) immediately before the commencement, the NHMRC Licensing Committee had not decided the application. (2) On and after the commencement, the application is to be decided under this Act as if it had been made after the commencement. Infertility Treatment Act 1995 - SECT 206 Existing licences 206. Existing licences A licence issued under section 21I that was in force immediately before the commencement continues in force on and after the commencement. Infertility Treatment Act 1995 - SECT 207 Offences 207. Offences (1) The amendments of this Act made by the Infertility Treatment Amendment Act 2007 apply only to offences alleged to have been committed on or after the commencement. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement, the offence is alleged to have been committed before the commencement. --------------- ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 4 May 1995 Legislative Council: 6 June 1995 The long title for the Bill for this Act was "A Bill to regulate procedures for the treatment of infertility and research using human reproductive material, to make provisions with respect to surrogacy agreements, to repeal the Infertility (Medical Procedures) Act 1984 and to amend various other Acts and for other purposes.". Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 4 May 1995 Legislative Council: 6 June 1995 Absolute majorities: Legislative Assembly: 20 May 1995 and 1 June 1995 Legislative Council: 7 June 1995 The Infertility Treatment Act 1995 was assented to on 27 June 1995 and came into operation as follows: Sections 1-4 on 27 June 1995: section 2(1); section 170 on 1 July 1988: section 2(2); sections 5, 121, 122(1)(g)(j)(2)-(5), 123-136, 138, 139, 165, 199 on 1 September 1995: Government Gazette 31 August 1995 page 2284; rest of Act on 1 January 1998: section 2(4) (as amended by No. 37/1997 section 4). 2. Table of Amendments This Version incorporates amendments made to the Infertility Treatment Act 1995 by Acts and subordinate instruments. ------------------------------------------------------------- Infertility Treatment (Amendment) Act 1997, No. 37/1997 Assent Date: 3.6.97 Commencement Date: 3.6.97: s. 2 Current State: All of Act in operation Health Acts (Statute Law Revision) Act 1998, No. 12/1998 Assent Date: 28.4.98 Commencement Date: 28.4.98 Current State: All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 items 42.1, 42.2) on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 63) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Health Records Act 2001, No. 2/2001 Assent Date: 10.4.01 Commencement Date: S. 106 on 1.7.02: s. 2(2) Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Infertility Treatment (Amendment) Act 2001, No. 59/2001 Assent Date: 16.10.01 Commencement Date: 17.10.01: s. 2 Current State: All of Act in operation Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 36) on 24.4.02: s. 2(1) Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Health Legislation (Research Involving Human Embryos and Prohibition of Human Cloning) Act 2003, No. 11/2003 (as amended by No. 45/2006) Assent Date: 6.5.03 Commencement Date: Ss 4-23 on 16.10.03: Government Gazette 16.10.03 p. 2624 Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 102) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Statute Law Revision Act 2005, No. 10/2005 Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 10) on 28.4.05: s. 2 Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 29) on 1.7.07: s. 2(3) Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 23) on 1.7.07: Government Gazette 28.6.07 p. 1304 Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Health Legislation (Infertility Treatment and Medical Treatment) Act 2006, No. 45/2006 Assent Date: 25.7.06 Commencement Date: S. 3 on 25.7.06: s. 2(1) Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 53) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Infertility Treatment Act 1995 Infertility Treatment Amendment Act 2007, No. 15/2007 Assent Date: 15.5.07 Commencement Date: 12.6.07: s. 2 Current State: All of Act in operation ------------------------------------------------------------- 3. Explanatory Details ?? ?? Part 2-Treatment Procedures Infertility Treatment Act 1995 No. 63 of 1995