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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Prohibition of Human
Cloning and Other Practices) Bill 2003
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 4 amended 2
6. Section 25 amended 3
7. Section 26 amended 3
8. Part 4A inserted 3
9. Section 53ZG amended 13
10. Sections 53ZP, 53ZQ and 53ZR amended 13
11. Human Tissue and Transplant Act 1982 amended 14
page i
235--2
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Acts Amendment (Prohibition of Human
Cloning and Other Practices) Bill 2003
A Bill for
An Act to further amend the Human Reproductive Technology
Act 1991 and to amend the Human Tissue and Transplant Act 1982.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Acts Amendment (Prohibition of
Human Cloning and Other Practices) Act 2003.
page 1
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 2
2. Commencement
This Act comes into operation immediately after the Human
Reproductive Technology Amendment Act 2003 comes into
operation.
5 3. The Act amended
The amendments in this Act, except in section 11, are to the
Human Reproductive Technology Act 1991*.
[*Act No. 22 of 1991.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2002, Table 1, p. 177 and
the Human Reproductive Technology Amendment Bill 2003
currently before Parliament.]
4. Section 3 amended
(1) Section 3(2) is by inserting before "4B" --
15 " 4A or ".
(2) After section 3(9) the following subsection is inserted --
"
(9a) Nothing in this Act, or in a licence, authorisation or
approval under this Act, authorises or permits the use
20 of a human embryo for technical or commercial
purposes in the testing, creation or manufacture of
cosmetic products such as lipstick, mascara, face
moisturising creams and other like beauty products.
".
25 5. Section 4 amended
After section 4(1) the following section is inserted --
"
(1a) The particular objects of Part 4A are set out in section
53A.
30 ".
page 2
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 6
6. Section 25 amended
Section 25(a) is amended by deleting "section 7(1)(j);" and
inserting instead --
" section 53Q; ".
5 7. Section 26 amended
Section 26(1)(a) is amended by deleting "section 7(1)(j)," and
inserting instead --
" section 53Q, ".
8. Part 4A inserted
10 After section 53 the following Part is insereted --
"
Part 4A -- Prohibited practices
Division 1 -- General
53A. Object of this Part
15 (1) The object of this Part is --
(a) to address concerns, including ethical concerns,
about scientific developments in relation to
human reproduction and the utilisation of
human embryos by prohibiting certain
20 practices; and
(b) to adopt in this State a uniform Australian
approach to the prohibitions.
(2) For that purpose, this Part creates a number of offences
that are similar to offences under the Prohibition of
25 Human Cloning Act 2002 of the Commonwealth.
page 3
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
53B. Definitions
(1) In this Part --
"animal" does not include a human;
"chimeric embryo" means --
5 (a) a human embryo into which a cell, or any
component part of a cell, of an animal has
been introduced; or
(b) a thing declared by regulations under the
Prohibition of Human Cloning Act 2002 of
10 the Commonwealth to be a chimeric embryo;
"human embryo clone" means a human embryo that
is a genetic copy of another living or dead human,
but does not include a human embryo created by
the fertilisation of a human egg by human sperm;
15 "hybrid embryo" means --
(a) an embryo created by the fertilisation of a
human egg by animal sperm;
(b) an embryo created by the fertilisation of an
animal egg by human sperm;
20 (c) a human egg into which the nucleus of an
animal cell has been introduced;
(d) an animal egg into which the nucleus of a
human cell has been introduced; or
(e) a thing declared by regulations under the
25 Prohibition of Human Cloning Act 2002 of
the Commonwealth to be a hybrid embryo;
"precursor cell" means a cell that has the potential to
develop into a human egg or human sperm.
page 4
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
(2) For the purposes of establishing that a human embryo
clone is a genetic copy of a living or dead human --
(a) it is sufficient to establish that the set of
genes in the nuclei of the cells of the living
5 or dead human has been copied; and
(b) it is not necessary to establish that the copy
is an identical genetic copy.
(3) For the purposes of the definition of "human embryo
clone" in subsection (1), a human embryo that results
10 from the technological process known as embryo
splitting is taken not to be created by a process of
fertilisation of a human egg by human sperm.
(4) A reference in this Part to a number of penalty units is
a reference to the amount calculated in accordance with
15 the following formula --
AxB
where --
A is that number of penalty units; and
B is the amount (in dollars) that is for the time
20 being a penalty unit under section 4AA of the
Crimes Act 1914 of the Commonwealth.
Division 2-- Human cloning
53C. Offence -- creating a human embryo clone
A person commits a crime if the person creates a
25 human embryo clone.
Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
page 5
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
53D. Offence -- placing a human embryo clone in the
human body or the body of an animal
A person commits a crime if the person places a human
embryo clone in the body of a human or the body of an
5 animal.
Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
53E. Offence -- importing or exporting a human embryo
clone
10 (1) A person commits a crime if the person imports a
human embryo clone into the State from a place
outside Australia.
Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
15 (2) A person commits a crime if the person exports a
human embryo clone from the State to a place outside
Australia.
Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
20 53F. No defence that human embryo clone could not
survive
It is not a defence to an offence under section 53C,
53D or 53E that the human embryo clone did not
survive or could not have survived.
25 Division 3 -- Other prohibited practices
53G. Offence -- creating a human embryo other than by
fertilisation, or developing such an embryo
A person commits a crime if the person creates a
human embryo by a process other than the fertilisation
page 6
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
of a human egg by human sperm, or develops a human
embryo so created.
Penalty: A fine of 600 penalty units or imprisonment
for 10 years or both.
5 Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
53H. Offence -- creating a human embryo for a purpose
other than achieving pregnancy in a woman
(1) A person commits a crime if the person creates a
10 human embryo outside the body of a woman, unless
the person's intention in creating the embryo is to
attempt to achieve pregnancy in a particular woman.
Penalty: A fine of 600 penalty units or imprisonment
for 10 years or both.
15 Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
(2) A defendant does not bear an evidential burden in
relation to the exception provided by subsection (1).
53I. Offence -- creating or developing a human embryo
20 containing genetic material provided by more than
2 persons
A person commits a crime if the person creates or
develops a human embryo containing genetic material
provided by more than 2 persons.
25 Penalty: A fine of 600 penalty units or imprisonment
for 10 years or both.
Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
page 7
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
53J. Offence -- developing a human embryo outside the
body of a woman for more than 14 days
A person commits a crime if the person develops a
human embryo outside the body of a woman for a
5 period of more than 14 days, excluding any period
when development is suspended.
Penalty: A fine of 600 penalty units or imprisonment
for 10 years or both.
Summary conviction penalty: A fine of 120 penalty
10 units or imprisonment for 2 years.
53K. Offence -- using precursor cells from a human
embryo or a human fetus to create a human
embryo, or developing such an embryo
A person commits a crime if the person uses precursor
15 cells taken from a human embryo or a human fetus,
intending to create a human embryo, or develops an
embryo so created.
Penalty: A fine of 600 penalty units or imprisonment
for 10 years or both.
20 Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
53L. Offence -- heritable alterations to genome
(1) A person commits a crime if --
(a) the person alters the genome of a human cell in
25 such a way that the alteration is heritable by
descendants of the human whose cell was
altered; and
(b) in altering the genome, the person intended the
alteration to be heritable by descendants of the
30 human whose cell was altered.
Penalty: A fine of 600 penalty units or imprisonment
for 10 years or both.
page 8
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
(2) In this section --
"human cell" includes a human embryonal cell, a
5 human fetal cell, human sperm or a human egg.
53M. Offence -- collecting a viable human embryo from
the body of a woman
A person commits a crime if the person removes a
human embryo from the body of a woman, intending to
10 collect a viable human embryo.
Penalty: A fine of 600 penalty units or imprisonment
for 10 years or both.
Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
15 53N. Offence -- creating a chimeric or hybrid embryo
(1) A person commits a crime if the person creates a
chimeric embryo.
(2) A person commits a crime if the person creates a
hybrid embryo.
20 (3) A person who commits an offence against this section
is liable to a fine of 600 penalty units or imprisonment
for 10 years or both.
Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
25
53O. Offence -- placing of an embryo
(1) A person commits a crime if the person places a human
embryo in an animal.
page 9
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
(2) A person commits a crime if the person places a human
embryo in the body of a human, other than in a
woman's reproductive tract.
(3) A person commits a crime if the person places an
5 animal embryo in the body of a human for any period
of gestation.
(4) A person who commits an offence against this section
is liable to a fine of 600 penalty units or imprisonment
for 10 years or both.
10 Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
53P. Offence -- importing, exporting or placing a
prohibited embryo
(1) A person commits a crime if the person imports a
15 prohibited embryo into the State from a place outside
Australia.
(2) A person commits a crime if the person exports a
prohibited embryo from the State to a place outside
Australia.
20 (3) A person commits a crime if the person places a
prohibited embryo in the body of a woman.
(4) A person who commits an offence against this section
is liable to a fine of 600 penalty units or imprisonment
for 10 years or both.
25 Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
(5) In this section --
"prohibited embryo" means --
(a) a human embryo created by a process other
30 than the fertilisation of a human egg by human
sperm;
page 10
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
(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;
5 (c) a human embryo that contains genetic material
provided by more than 2 persons;
(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
10 development is suspended;
(e) a human embryo created using precursor cells
taken from a human embryo or a human fetus;
(f) a human embryo that contains a human cell (as
defined in section 53L(2)) whose genome has
15 been altered in such a way that the alteration is
heritable by human descendants of the human
whose cell was altered;
(g) a human embryo that was removed from the
body of a woman by a person intending to
20 collect a viable human embryo; or
(h) a chimeric embryo or a hybrid embryo.
53Q. Offence -- commercial trading in human eggs,
human sperm or human embryos
(1) A person commits a crime if the person gives or offers
25 valuable consideration to another person for the supply
of a human egg, human sperm or a human embryo.
(2) A person commits a crime if the person receives, or
offers to receive, valuable consideration from another
person for the supply of a human egg, human sperm or
30 a human embryo.
page 11
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 8
(3) A person who commits an offence against this section
is liable to a fine of 600 penalty units or imprisonment
for 10 years or both.
Summary conviction penalty: A fine of 120 penalty
5 units or imprisonment for 2 years or both.
(4) In this section --
"reasonable expenses" --
(a) in relation to the supply of a human egg or
human sperm includes, but is not limited to,
10 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
15 by a person before the time when the
embryo became an excess ART embryo;
and
(ii) includes, but is not limited to, expenses
relating to the storage or transport of the
20 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,
25 but does not include the payment of reasonable
expenses incurred by the person in connection
with the supply.
Division 4 -- Review of Part
53R. Review of Part
30 (1) The Minister must cause a review of the operation of
this Part to be undertaken as soon as possible after
19 December 2004.
page 12
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 9
(2) The review must take into account --
(a) developments in technology in relation to
assisted reproductive technology;
(b) developments in medical research and scientific
5 research and the potential therapeutic
applications of such research;
(c) community standards; and
(d) the applicability of establishing a national stem
cell bank.
10 (3) The review of this Part may be undertaken as part of
the review of the Prohibition of Human Cloning Act
2002 of the Commonwealth mentioned in section 25 of
that Act.
(4) The Minister is to prepare a report based on the review
15 made under subsection (1) and cause the report to be
laid before each House of Parliament not later than
12 months from the date on which the review is first
commenced.
(5) The Minister must cause a copy of the report based on
20 the review conducted under section 25 of the
Prohibition of Human Cloning Act 2003 of the
Commonwealth to be laid before each House of
Parliament not later than six sitting days from the date
of receipt of the report.
25 ".
9. Section 53ZG amended
Section 53ZG(2) is amended by inserting after "law" --
" , Part 4A ".
10. Sections 53ZP, 53ZQ and 53ZR amended
30 Sections 53ZP(1), 53ZQ(1)(b) and (2) and 53ZR are each
amended by inserting after "Part" --
" or Part 4A ".
page 13
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 11
11. Human Tissue and Transplant Act 1982 amended
(1) The amendments in this section is to the Human Tissue and
Transplant Act 1982*.
[*Reprinted as at 29 October 1999.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 182.]
(2) The long title is amended by inserting after "transplantation," --
"
other therapeutic purposes, or medical or scientific
10 purposes,
".
(3) After Part V the following Part is inserted --
"
Part VA -- Prohibition on the use of embryonic
15 stem cell lines
31A. Interpretation
In this Part --
"human embryonic stem cell line" means cultured
stem cells derived by isolation of cells from an
20 excess ART embryo as defined in section 53T of
the Human Reproductive Technology Act 1991;
"therapeutic use", in relation to a human embryonic
stem cell line, means --
(a) its use in, or in connection with --
25 (i) preventing, diagnosing, curing or
alleviating a disease, ailment, defect or
injury in persons;
(ii) influencing, inhibiting or modifying a
physiological process in persons;
page 14
Acts Amendment (Prohibition of Human Cloning and Other Practices) Bill
2003
s. 11
(iii) testing the susceptibility of persons to a
disease or ailment;
(iv) influencing, controlling or preventing
conception in persons;
5 (v) testing for pregnancy in persons; or
(vi) the replacement or modification of parts
of the anatomy of persons;
(b) a use of it that is prescribed in the
regulations and is not inconsistent with a use
10 referred to in paragraph (a); or
(c) its use in training or research for the
purposes of a use referred to in paragraph (a)
or (b).
30B. Restriction on use of human embryonic stem cells
15 lines
A person who uses a human embryonic stem cell line
except for a therapeutic use commits a crime.
Penalty: Imprisonment for 5 years.
Summary conviction penalty: Imprisonment for
20 12 months.
".
page 15
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