Victorian Consolidated Legislation

INFERTILITY TREATMENT ACT 1995

No. 63 of 1995
Version incorporating amendments as at 1 July 2007

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
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details