Victorian Consolidated Legislation

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.