Victorian Consolidated Legislation

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.