Victorian Consolidated Legislation

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