ASSISTED REPRODUCTIVE TREATMENT AMENDMENT ACT 2013 (NO. 18 OF 2013) - SECT 14 New Division 4 of Part 13 inserted

ASSISTED REPRODUCTIVE TREATMENT AMENDMENT ACT 2013 (NO. 18 OF 2013) - SECT 14

At the end of Division 3 of Part 13 of the Principal Act insert —

" Division 4—Transitional provisions—Assisted Reproductive Treatment Amendment Act 2013

        136     Definitions

In this Division—

2013 Act means the Assisted Reproductive Treatment Amendment Act 2013 ;

"commencement day" means the day on which section 14 of the 2013 Act comes into operation.

        137     Validation of storage of certain gametes past expiry

    (1)     This section applies if immediately before the commencement day—

        (a)     a person had caused or permitted gametes to remain in storage; and

        (b)         the gametes had been in storage for more than 10 years without approval under this Act or a corresponding previous enactment for a longer storage period.

    (2)     Section 31 as substituted by the 2013 Act does not apply to prohibit the continued storage of the gametes for the period ending 18 months after the commencement day.

    (3)     The person is not liable for an offence against section 31(1), as in force immediately before the commencement day, only for the reason that the person caused or permitted the gametes to remain in storage for more than 10 years without the approval of the Patient Review Panel.

        138     Validation of storage of certain embryos past expiry

s. 14

    (1)     This section applies if immediately before the commencement day—

        (a)     a registered ART provider caused or permitted an embryo to remain in storage; and

        (b)     the embryo had been in storage for more than—

              (i)     5 years; or

              (ii)     if the persons who produced the gametes from which the embryo was formed had consented to the embryo remaining in storage for an additional period not exceeding 5 years, that period—

without approval under this Act or a corresponding previous enactment for a longer storage period.

    (2)     Section 33 as amended by the 2013 Act does not apply to prohibit the continued storage of the embryo for the period ending 18 months after the commencement day.

    (3)     The registered ART provider is not liable for an offence against section 33(2), as in force immediately before the commencement day, only for the reason that the registered ART provider permitted or caused the embryo to remain in storage for more than a period referred to in subsection (1)(b)(i) or (ii) without the approval of the Patient Review Panel.".