ASSISTED REPRODUCTIVE TREATMENT AMENDMENT ACT 2013 (NO. 18 OF 2013) - SECT 4 Section 31 substituted
ASSISTED REPRODUCTIVE TREATMENT AMENDMENT ACT 2013 (NO. 18 OF 2013) - SECT 4
Section 31 substitutedFor section 31 of the Principal Act substitute —
" 31 Storing gametes
(1) A person must not cause or permit gametes to remain in storage except as permitted by section 31B—
(a) if the person knows that the person who produced the gametes has asked for those gametes to be removed; or
(b) in any other case, after the end of the latest of the following periods—
(i) 10 years; or
(ii) if the gametes have been obtained under section 26(2) from a child, 20 years; or
(iii) if the gametes have been produced by a person in respect of whom a certification has been made under subsection (2), 20 years; or
(iv) if the Patient Review Panel has given written approval under section 31A for a longer or further storage period, the approved period.
Penalty: 240 penalty units or 2 years imprisonment or both.
(2) A doctor may certify that a person is, at the time of producing the gametes, at reasonable risk of becoming prematurely infertile because of a medical procedure or condition.
31A Panel may approve longer or further storage period
(1) If the person who produced the gametes has given written approval for a specified longer storage period, the Patient Review Panel may approve the longer storage period if it considers there are reasonable grounds to do so in the particular case.
(2) If the person who produced the gametes is unable to give written approval, or the person's written approval cannot be obtained, the Patient Review Panel may approve the longer storage period if it considers there are exceptional circumstances for doing so in the particular case.
(3) If an application is made for approval under subsection (1) or (2) after the period for storage of gametes referred to in section 31(1)(b) has expired, the Patient Review Panel may approve a further storage period if it considers there are exceptional circumstances in the particular case for failing to seek approval before the expiry of the period.
(4) An approval under this section may be subject to conditions.
Note
In deciding to approve a longer or further storage period, the Patient Review Panel must have regard to the guiding principles in section 5—see section 91(2).
31B Time for removal of gametes from storage
(1) A person may cause or permit gametes to remain in storage for up to 3 months after—
(a) the person becomes aware that the person who produced the gametes has asked for those gametes to be removed; or
(b) the expiry of the relevant period referred to in section 31(1)(b); or
(c) in case of a pending application, the relevant day unless the Tribunal approves the longer storage period on the relevant day; or
(d) if the Patient Review Panel refuses to approve a further storage period under section 31A(3), the relevant day unless the Tribunal approves the further storage period on the relevant day.
(2) In case of a pending application, a person may cause or permit gametes to remain in storage until the earlier of the following—
(a) the Patient Review Panel approves the longer storage period; or
(b) if the Patient Review Panel refuses or has refused to approve a longer storage period, the relevant day.
(3) A person must not use gametes kept in storage under subsection (1) or (2), unless the use by the person consists only of—
(a) storage of the gametes; or
(b) removal of the gametes from storage.
Penalty: 240 penalty units or 2 years imprisonment or both.
(4) For the purposes of this section—
"pending application" means either of the following that, on the expiry of the relevant period referred to in section 31(1)(b), had been made but not yet decided—
(a) an application to the Patient Review Panel for approval of a longer storage period; or
(b) an application to the Tribunal for review of the Patient Review Panel's decision not to approve a longer storage period;
"relevant day" means the day—
(a) that is 28 days after the Patient Review Panel refuses to approve the longer or further storage period; or
(b) if an application is made to the Tribunal for review of the Patient Review Panel's decision, the Tribunal decides the application.".