Victorian Consolidated Legislation

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;