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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Human Reproductive Technology Amendment
Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Long title amended 2
5. Preamble repealed 2
6. Section 1 amended 2
7. Section 3 amended 3
8. Section 3A amended 5
9. Section 5 amended 6
10. Section 5A amended 6
11. Section 7 amended 6
12. Section 8 amended 6
13. Section 28A amended 7
14. Section 45 amended 7
15. Section 53A amended 7
16. Section 53B amended 7
17. Heading to Part 4A Division 2 and section 53C
replaced 7
53C. Meaning of reckless 7
Division 2 -- Practices that are completely
prohibited
18. Section 53F amended 8
19. Heading to Part 4A Division 3 deleted 8
20. Section 53G repealed 8
21. Section 53H amended 8
22. Section 53I replaced 9
53I. Offence -- creating or developing, by
fertilisation, a human embryo containing
genetic material provided by more than 2
persons 9
194--1 page i
Human Reproductive Technology Amendment Bill 2007
Contents
23. Section 53J amended 9
24. Section 53K repealed 9
25. Section 53L amended 10
26. Section 53M amended 10
27. Section 53N replaced by sections 53N and 53NA 10
53N. Offence -- creating a chimeric embryo 10
53NA. Offence -- developing a hybrid embryo for
more than 14 days 10
28. Section 53O amended 11
29. Section 53P amended 11
30. Section 53Q amended 12
31. Part 4A Division 3 inserted 12
Division 3 -- Practices that are prohibited unless
authorised by an NHMRC licence
53QA. Offence -- creating a human embryo
other than by fertilisation, or developing
such an embryo 12
53QB. Offence -- creating or developing, other
than by fertilisation, a human embryo
containing genetic material provided by
more than 2 persons 13
53QC. Offence -- using precursor cells from a
human embryo or a human fetus to create
a human embryo, or developing such an
embryo 13
53QD. Offence -- creating a hybrid embryo 14
32. Section 53R amended 14
33. Heading to Part 4B replaced 16
Division 4B -- Regulation of the use of excess ART
embryos, other human embryos, hybrid
embryos and human eggs
34. Section 53S amended 17
35. Section 53T amended 17
36. Sections 53WA and 53WB inserted 20
53WA. Offence -- use of other embryos 20
53WB. Offence -- certain activities involving use
of human eggs 20
37. Section 53ZA amended 21
38. Section 53ZB amended 22
39. Section 53ZE amended 22
40. Section 53ZG amended 25
41. Section 53ZJ amended 25
42. Section 53ZL amended 25
43. Section 53ZM amended 26
page ii
Human Reproductive Technology Amendment Bill 2007
Contents
44. Section 53ZP amended 26
45. Section 53ZQ amended 26
46. Section 53ZR amended 27
47. Sections 53ZRA to 53ZRD inserted 27
53ZRA. Monitoring warrants 27
53ZRB. Details of warrant to be given to occupier
or other person present 28
53ZRC. Announcement before entry 29
53ZRD. Occupier entitled to be present during
search 29
48. Part 4B Division 9 repealed 29
49. Part 4B Division 10 heading amended 29
other human embryos, hybrid embryos and human
eggs
50. Section 53ZVA amended 29
51. Section 53ZW amended 30
52. Section 53ZX inserted 31
53ZX. Minister to report to Parliament in relation
to the Commonwealth Human Embryo Act
sections 47B and 47C 31
53. Section 61 replaced 32
61. Savings and transitional provisions 32
54. Schedule amended 32
Schedule 1 -- Provisions relating to the membership
and proceedings of the Council and the
annual report on reproductive technology
55. Schedule 2 inserted 32
Schedule 2 -- Savings and transitional provisions
Division 1 -- Provisions for Human Reproductive
Technology Amendment Act 2007
1. Terms used in this Division 32
2. Saving and transitional provision for
licence applicants 33
56. Amendments relating to the amended title of the
Human Reproductive Technology Act 1991 33
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Human Reproductive Technology Amendment
Bill 2007
A Bill for
An Act to amend the Human Reproductive Technology Act 1991.
The Parliament of Western Australia enacts as follows:
page 1
Human Reproductive Technology Amendment Bill 2007
s. 1
1. Short title
This is the Human Reproductive Technology Amendment
Act 2007.
2. Commencement
5 (1) If this Act receives the Royal Assent on or before 12 June 2007
it comes into operation on 12 June 2007.
(2) If this Act receives the Royal Assent after 12 June 2007 it
comes into operation on the day after the day on which it
receives the Royal Assent.
10 3. The Act amended
The amendments in this Act are to the Human Reproductive
Technology Act 1991*.
[* Reprinted as at 11 November 2005.
For subsequent amendments see Acts Nos. 34 of 2004, 28 and
15 77 of 2006.]
4. Long title amended
The long title is amended by deleting "certain" and inserting
instead --
" embryo and other ".
20 5. Preamble repealed
The Preamble is repealed.
6. Section 1 amended
Section 1 is amended by deleting "Human Reproductive
Technology Act 1991." and inserting instead --
25 "
Human Reproductive Technology and Embryo
Research Act 1991.
".
page 2
Human Reproductive Technology Amendment Bill 2007
s. 7
7. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by inserting in the appropriate alphabetical positions --
"
5 "animal" does not include a human;
"chimeric embryo" means --
(a) a human embryo into which a cell, or any
component part of a cell, of an animal has
been introduced; or
10 (b) a thing declared by regulations under the
Prohibition of Human Cloning for
Reproduction Act 2002 of the
Commonwealth to be a chimeric embryo;
"hybrid embryo" means --
15 (a) an embryo created by the fertilisation of a
human egg by animal sperm; or
(b) an embryo created by the fertilisation of an
animal egg by human sperm; or
(c) a human egg into which the nucleus of an
20 animal cell has been introduced; or
(d) an animal egg into which the nucleus of a
human cell has been introduced; or
(e) a thing declared by regulations under the
Prohibition of Human Cloning for
25 Reproduction Act 2002 of the
Commonwealth to be a hybrid embryo;
"NHMRC Licensing Committee" means the
Committee of that name established under the
Commonwealth Human Embryo Act section 13;
30 "precursor cell" means a cell that has the potential to
develop into a human egg or human sperm;
";
page 3
Human Reproductive Technology Amendment Bill 2007
s. 7
(b) in the definition of "authorised officer" by inserting after
each of paragraphs (b) and (c) --
" or ";
(c) in the definition of "counselling services" by inserting
5 after paragraph (a) --
" and ";
(d) in the definition of "director" by inserting after
paragraph (a) --
" and ";
10 (e) in the definition of "human egg" by deleting "egg;" and
inserting instead --
" oocyte; ";
(f) in the definition of "in vitro fertilisation procedure" by
deleting "or" after paragraph (a)(ii);
15 (g) in the definition of "in vitro fertilisation procedure" by
inserting after paragraph (a)(iii) --
" or ";
(h) in the definition of "licensee" by inserting after each of
paragraphs (aa) to (c) --
20 " and ";
(i) in the definition of "record" by inserting after
paragraph (a) --
" and ";
(j) in the definition of "reproductive technology" by
25 inserting after paragraph (a) --
" or ";
(k) in the definition of "this Act" by inserting after
paragraph (a) --
" and ".
page 4
Human Reproductive Technology Amendment Bill 2007
s. 8
(2) Section 3(3) is amended as follows:
(a) by inserting before paragraph (b) --
"
(a) to an embryo (including a human embryo) is a
5 reference to a living embryo; and
";
(b) after paragraph (b) by inserting --
" and ".
(3) Section 3(5) is amended by inserting after each of
10 paragraphs (a) and (b) --
" and ".
(4) Section 3(9) is amended after paragraph (a) by inserting --
" or ".
8. Section 3A amended
15 (1) Section 3A(1) is amended by deleting the definition of "human
embryo" and inserting instead --
"
"human embryo" means a discrete entity that has
arisen from either --
20 (a) the first mitotic division when fertilisation of
a human oocyte by a human sperm is
complete; or
(b) any other process that initiates organised
development of a biological entity with a
25 human nuclear genome or altered human
nuclear genome that has the potential to
develop up to, or beyond, the stage at which
the primitive streak appears,
and has not yet reached 8 weeks of development
30 since the first mitotic division, but does not
page 5
Human Reproductive Technology Amendment Bill 2007
s. 9
include a hybrid embryo or a human embryonic
stem cell line.
".
(2) Section 3A(2) is amended as follows:
5 (a) by deleting "of a human embryo";
(b) by deleting "of the embryo".
9. Section 5 amended
Section 5(6) is amended by deleting "clause 11 of the Schedule"
and inserting instead --
10 " Schedule 1 clause 11 ".
10. Section 5A amended
(1) Section 5A is amended by inserting before "This" the
subsection designation "(1)".
(2) At the end of section 5A the following subsection is inserted --
15 "
(2) This Division does not apply in relation to a human
embryo that was created other than by the fertilisation
of a human egg by human sperm.
".
20 11. Section 7 amended
Section 7(1)(a) and (b) are amended by deleting "any embryo,"
and inserting instead --
" a human embryo, ".
12. Section 8 amended
25 Section 8(6) is amended by deleting "The Schedule" and
inserting instead --
" Schedule 1 ".
page 6
Human Reproductive Technology Amendment Bill 2007
s. 13
13. Section 28A amended
(1) Section 28A(1) is amended by deleting "excess ART" and
inserting instead --
" any ".
5 (2) Section 28A(2) is amended by deleting "excess ART".
14. Section 45 amended
Section 45(1)(da) is amended by deleting "established under
section 13 of the Commonwealth Human Embryo Act".
15. Section 53A amended
10 Section 53A(2) is amended by inserting after "Prohibition of
Human Cloning" --
" for Reproduction ".
16. Section 53B amended
Section 53B(1) is amended as follows:
15 (a) by deleting the definitions of "animal", "chimeric
embryo", "hybrid embryo" and "precursor cell";
(b) by deleting the semicolon at the end of the definition of
"human embryo clone" and inserting instead a full stop.
17. Heading to Part 4A Division 2 and section 53C replaced
20 The heading to Part 4A Division 2 is deleted and section 53C is
repealed, and the following section and heading are inserted
instead --
"
53C. Meaning of reckless
25 (1) For the purposes of this Part a person is reckless with
respect to circumstances if --
(a) the person is aware of a substantial risk that the
circumstance exists or will exist; and
page 7
Human Reproductive Technology Amendment Bill 2007
s. 18
(b) having regard to the circumstances known to
the person, it is unjustifiable to take the risk.
(2) The question whether taking a risk is unjustifiable is
one of fact.
5 Division 2 -- Practices that are completely prohibited
".
18. Section 53F amended
Section 53F is amended by deleting "53C,".
19. Heading to Part 4A Division 3 deleted
10 The heading to Part 4A Division 3 is deleted.
20. Section 53G repealed
Section 53G is repealed.
21. Section 53H amended
Section 53H(1) is amended as follows:
15 (a) by inserting after "human embryo" --
"
by a process of the fertilisation of a human egg by
human sperm
";
20 (b) by deleting the penalty clause and the summary
conviction penalty clause and inserting instead --
"
Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
25 ".
page 8
Human Reproductive Technology Amendment Bill 2007
s. 22
22. Section 53I replaced
Section 53I is repealed and the following section is inserted
instead --
"
5 53I. Offence -- creating or developing, by fertilisation, a
human embryo containing genetic material
provided by more than 2 persons
A person commits a crime if --
(a) the person creates or develops a human embryo
10 by a process of the fertilisation of a human egg
by a human sperm outside the body of a
woman; and
(b) the human embryo contains genetic material
provided by more than 2 persons.
15 Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
".
23. Section 53J amended
Section 53J is amended by deleting the penalty clause and the
20 summary conviction penalty clause and inserting instead --
"
Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
".
25 24. Section 53K repealed
Section 53K is repealed.
page 9
Human Reproductive Technology Amendment Bill 2007
s. 25
25. Section 53L amended
Section 53L(1) is amended by deleting the penalty clause and
the summary conviction penalty clause and inserting instead --
"
5 Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
".
26. Section 53M amended
Section 53M is amended by deleting the penalty clause and the
10 summary conviction penalty clause and inserting instead --
"
Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
".
15 27. Section 53N replaced by sections 53N and 53NA
Section 53N is repealed and the following sections are inserted
instead --
"
53N. Offence -- creating a chimeric embryo
20 A person commits a crime if the person creates a
chimeric embryo.
Penalty: A fine of 900 penalty units or imprisonment
for 15 years or both.
53NA. Offence -- developing a hybrid embryo for more
25 than 14 days
A person commits a crime if the person develops a
hybrid embryo for a period of more than 14 days,
excluding any period when development is suspended.
Penalty: A fine of 900 penalty units or imprisonment
30 for 15 years or both.
".
page 10
Human Reproductive Technology Amendment Bill 2007
s. 28
28. Section 53O amended
Section 53O(4) is repealed and the following subsection is
inserted instead --
"
5 (4) A person who commits an offence against
subsection (1), (2) or (3) is liable to a fine of 900
penalty units or imprisonment for 15 years or both.
".
29. Section 53P amended
10 (1) Section 53P(1) is amended by inserting after "Australia" --
"
knowing that, or reckless as to whether, the embryo is a
prohibited embryo
".
15 (2) Section 53P(2) is amended by inserting after "Australia" --
"
knowing that, or reckless as to whether, the embryo is a
prohibited embryo
".
20 (3) Section 53P(3) is amended by inserting after "woman" --
"
knowing that, or reckless as to whether, the embryo is a
prohibited embryo
".
25 (4) Section 53P(4) is repealed and the following subsection is
inserted instead --
"
(4) A person who commits an offence against
subsection (1), (2) or (3) is liable to a fine of
30 900 penalty units or imprisonment for 15 years or both.
".
page 11
Human Reproductive Technology Amendment Bill 2007
s. 30
30. Section 53Q amended
Section 53Q(3) is repealed and the following subsection is
inserted instead --
"
5 (3) A person who commits an offence against
subsection (1) or (2) is liable to a fine of 900 penalty
units or imprisonment for 15 years or both.
".
31. Part 4A Division 3 inserted
10 After section 53Q the following Division is inserted --
"
Division 3 -- Practices that are prohibited unless
authorised by an NHMRC licence
53QA. Offence -- creating a human embryo other than by
15 fertilisation, or developing such an embryo
A person commits a crime if --
(a) the person creates a human embryo by a
process other than the fertilisation of a human
egg by a human sperm, or develops a human
20 embryo so created; and
(b) the creation or development of the human
embryo by the person is not authorised by an
NHMRC licence.
Penalty: A fine of 600 penalty units or imprisonment
25 for 10 years or both.
Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
page 12
Human Reproductive Technology Amendment Bill 2007
s. 31
53QB. Offence -- creating or developing, other than by
fertilisation, a human embryo containing genetic
material provided by more than 2 persons
A person commits a crime if --
5 (a) the person creates or develops a human embryo
by a process other than the fertilisation of a
human egg by a human sperm; and
(b) the human embryo contains genetic material
provided by more than 2 persons; and
10 (c) the creation or development of the human
embryo by the person is not authorised by an
NHMRC licence.
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.
53QC. Offence -- using precursor cells from a human
embryo or a human fetus to create a human
embryo, or developing such an embryo
20 A person commits a crime if --
(a) the person uses precursor cells taken from a
human embryo or a human fetus, intending to
create a human embryo, or develops an embryo
so created; and
25 (b) the person engages in activities mentioned in
paragraph (a) without being authorised by an
NHMRC licence, and the person knows or is
reckless as to that fact.
Penalty: A fine of 600 penalty units or imprisonment
30 for 10 years or both.
Summary conviction penalty: A fine of 120 penalty
units or imprisonment for 2 years or both.
page 13
Human Reproductive Technology Amendment Bill 2007
s. 32
53QD. Offence -- creating a hybrid embryo
(1) A person commits a crime if the person creates a
hybrid embryo.
(2) A person commits a crime if the person develops a
5 hybrid embryo.
(3) A person who commits an offence against
subsection (1) or (2) is liable to 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 or both.
(4) A person does not commit an offence against
subsection (1) or (2) if the creation or development of
the hybrid embryo by the person is authorised by an
NHMRC licence.
15 ".
32. Section 53R amended
(1) Section 53R(1) is amended by deleting "19 December 2004."
and inserting instead --
" 12 December 2009. ".
20 (2) Section 53R(2) is repealed and the following subsection is
inserted instead --
"
(2) The persons undertaking the review must consider and
report on the scope and operation of this Part as
25 amended by the Human Reproductive Technology
Amendment Act 2007, taking into account the
following --
(a) developments in assisted reproductive
technology, including technological, medical
30 and scientific developments, and the actual or
page 14
Human Reproductive Technology Amendment Bill 2007
s. 32
potential clinical and therapeutic applications of
such research;
(b) developments in embryonic stem cell research,
including technological, medical and scientific
5 developments, and the actual or potential
clinical and therapeutic applications of such
research;
(c) community standards;
(d) a brief analysis of international developments
10 and legislation relating to the use of human
embryos and related research;
(e) an analysis of research resulting from the
NHMRC licences granted;
(f) any National Stem Cell Centre and any national
15 register of donated excess ART embryos;
(g) an evaluation of the effectiveness of legislative
provisions and NHMRC guidelines relating to
proper consent;
(h) an evaluation of the range of matters for which
20 the NHMRC Licensing Committee may issue
an NHMRC licence and any recommendations
to increase, decrease or alter these arising from
the evaluation;
(i) an analysis of any research or clinical practice
25 which has been prevented as a result of
legislative restrictions;
(j) the extent to which the NHMRC Licensing
Committee has effectively used information
and education tools to assist researchers
30 working in the field, and any ongoing need for
legally binding rulings;
page 15
Human Reproductive Technology Amendment Bill 2007
s. 33
(k) the extent of Commonwealth/State cooperation
in the area of human embryo research and the
requirement for further Commonwealth or State
legislation on the matter.
5 ".
(3) Section 53R(3) is amended by deleting "Prohibition of Human
Cloning Act 2002 of the Commonwealth mentioned in
section 25 of that Act." and inserting instead --
"
10 Prohibition of Human Cloning for Reproduction
Act 2002 of the Commonwealth mentioned in
section 25A of that Act.
".
(4) Section 53R(5) is amended by deleting "section 25 of the
15 Prohibition of Human Cloning Act 2003" and inserting
instead --
"
the Prohibition of Human Cloning for Reproduction
Act 2002 section 25A
20 ".
33. Heading to Part 4B replaced
The heading to Part 4B is deleted and the following heading is
inserted instead --
"
25 Division 4B -- Regulation of the use of excess ART
embryos, other human embryos, hybrid embryos and
human eggs
".
page 16
Human Reproductive Technology Amendment Bill 2007
s. 34
34. Section 53S amended
Section 53S(1) is amended as follows:
(a) in paragraph (a) by deleting "certain human embryos
created by assisted reproductive technology;" and
5 inserting instead --
"
excess ART embryos, other human embryos,
hybrid embryos and human eggs;
";
10 (b) in paragraph (b) by deleting "certain human embryos
created by assisted reproductive technology." and
inserting instead --
"
excess ART embryos, other human embryos,
15 hybrid embryos and human eggs.
".
35. Section 53T amended
Section 53T(1) is amended as follows:
(a) by deleting the definitions of "NHMRC Licensing
20 Committee", "proper consent" and "responsible person";
(b) by deleting the full stop at the end of the definition of
"State" and inserting instead a semicolon;
(c) by inserting in the appropriate alphabetical positions --
"
25 "proper consent", in relation to the use of an excess
ART embryo or a human egg, or the creation or
use of any other human embryo or any hybrid
embryo, means consent obtained --
(a) in accordance with guidelines --
30 (i) issued by the chief executive officer
of the NHMRC under the National
Health and Medical Research
page 17
Human Reproductive Technology Amendment Bill 2007
s. 35
Council Act 1992 of the
Commonwealth; and
(ii) prescribed by the Commonwealth
Human Embryo regulations for the
5 purposes of the Commonwealth
Human Embryo Act;
and
(b) where the intended use is to provide a human
embryonic stem cell line -- after the uses to
10 which the human embryonic stem cell line
may be put have been disclosed and
explained;
"responsible person" means --
(a) in relation to an excess ART embryo,
15 means --
(i) each person who provided the egg or
sperm from which the embryo was
created; and
(ii) the woman for whom the embryo was
20 created, for the purpose of achieving
her pregnancy; and
(iii) any person who was the spouse or
de facto partner of a person
mentioned in paragraph (a) at the time
25 the egg or sperm mentioned in that
paragraph was provided; and
(iv) any person who was the spouse or
de facto partner of the person
mentioned in paragraph (b) at the
30 time the embryo was created;
or
page 18
Human Reproductive Technology Amendment Bill 2007
s. 35
(b) in relation to an embryo other than an excess
ART embryo -- each person whose
reproductive material, genetic material or
cell was used, or is proposed to be used, in
5 the creation or use of the embryo; or
(c) in relation to a human egg -- the woman
who was the biological donor of the egg;
"unsuitable for implantation", in relation to a human
embryo, means a human embryo that --
10 (a) is diagnosed by preimplantation genetic
diagnosis as unsuitable for implantation, in
accordance with the Ethical Guidelines on
the Use of Assisted Reproductive
Technology in Clinical Practice and
15 Research (2004), issued by the chief
executive officer of the NHMRC; or
(b) is determined to be unsuitable for
implantation in the body of a woman, in
accordance with objective criteria specified
20 in guidelines issued by the chief executive
officer of the NHMRC under the National
Health and Medical Research Council
Act 1992 of the Commonwealth and
prescribed by the Commonwealth Human
25 Embryo regulations for the purposes of the
Commonwealth Human Embryo Act;
"use" includes develop, or development, as the case
requires.
".
page 19
Human Reproductive Technology Amendment Bill 2007
s. 36
36. Sections 53WA and 53WB inserted
After section 53W the following sections are inserted --
"
53WA. Offence -- use of other embryos
5 A person commits a crime if --
(a) the person uses --
(i) a human embryo created by a process
other than the fertilisation of a human
egg by a human sperm; or
10 (ii) a human embryo created by a process
other than the fertilisation of a human
egg by a human sperm that contains
genetic material provided by more than
2 persons; or
15 (iii) a human embryo created using
precursor cells taken from a human
embryo or a human fetus; or
(iv) a hybrid embryo;
and
20 (b) the use by the person is not authorised by a
NHMRC licence.
Penalty: A fine of 300 penalty units or imprisonment
for 5 years or both.
Summary conviction penalty: A fine of 60 penalty
25 units or imprisonment for 12 months or both.
53WB. Offence -- certain activities involving use of human
eggs
A person commits a crime if --
(a) the person undertakes research or training
30 involving the fertilisation of a human egg by a
human sperm up to, but not including, the first
page 20
Human Reproductive Technology Amendment Bill 2007
s. 37
mitotic division, outside the body of a woman
for the purposes of research or training in
assisted reproductive technology; and
(b) the person is not authorised by a licence to
5 undertake the research or training.
Penalty: A fine of 300 penalty units or imprisonment
for 5 years or both.
Summary conviction penalty: A fine of 60 penalty
units or imprisonment for 12 months or both.
10 ".
37. Section 53ZA amended
Section 53ZA(1) is repealed and the following subsections are
inserted instead --
"
15 (1) A person may apply to the NHMRC Licensing
Committee for a licence authorising one or more of the
following --
(a) use of excess ART embryos;
(b) creation of human embryos other than by
20 fertilisation of a human egg by a human sperm,
and use of such embryos;
(c) creation of human embryos other than by
fertilisation of a human egg by a human sperm
that contain genetic material provided by more
25 than 2 persons, and use of such embryos;
(d) creation of human embryos using precursor
cells from a human embryo or a human fetus,
and use of such embryos;
(e) research and training involving the fertilisation
30 of a human egg by a human sperm up to, but
not including, the first mitotic division, outside
the body of a woman for the purposes of
research or training in assisted reproductive
technology;
page 21
Human Reproductive Technology Amendment Bill 2007
s. 38
(f) creation of hybrid embryos by the fertilisation
of an animal egg by a human sperm, and use of
such embryos up to, but not including, the first
mitotic division, if --
5 (i) the creation or use is for the purposes of
testing sperm quality; and
(ii) the creation or use will occur in a
licensed ART centre.
(1a) Nothing in subsection (1)(a), (b), (c) or (d) permits the
10 NHMRC Licensing Committee to authorise any use of
an excess ART embryo or other human embryo that
would result in the development of the embryo for a
period of more than 14 days, excluding any period
when development is suspended.
15 ".
38. Section 53ZB amended
(1) Section 53ZB(3)(a)(i) is amended by deleting "is used" and
inserting instead --
"
20 or human egg is used, or any other
human embryo or a hybrid embryo is
created or used
".
(2) Section 53ZB(4)(b) is amended by inserting after "embryos" --
25 " , other human embryos, human eggs or hybrid embryos, ".
39. Section 53ZE amended
(1) Section 53ZE(1) is repealed and the following subsection is
inserted instead --
"
30 (1) A licence is subject to the conditions that --
(a) before an excess ART embryo or human egg is
used as authorised by the licence, each
page 22
Human Reproductive Technology Amendment Bill 2007
s. 39
responsible person in relation to the embryo or
egg must have given proper consent to the
embryo or egg being so used; and
(b) before a human embryo (other than an excess
5 ART embryo) or a hybrid embryo is created or
used as authorised by the licence, each
responsible person in relation to the embryo
must have given proper consent to the embryo
being so created or used; and
10 (c) the licence holder must have reported in writing
to the NHMRC Licensing Committee that the
consent required under paragraph (a) or (b) has
been obtained, and any restrictions to which the
consent is subject.
15 ".
(2) Section 53ZE(2) is amended by inserting after "embryo" --
"
or human egg, or the creation or use of any other
human embryo or a hybrid embryo,
20 ".
(3) Section 53ZE(5) is amended as follows:
(a) in paragraph (a) by inserting after "embryos" --
"
or human eggs, or create or use other human
25 embryos or hybrid embryos
";
(b) by deleting paragraph (b) and inserting instead --
"
(b) the number of excess ART embryos or human
30 eggs authorised to be used under the licence, or
the number of other human embryos or hybrid
embryos authorised to be created or used under
the licence;
";
page 23
Human Reproductive Technology Amendment Bill 2007
s. 39
(c) in paragraph (e) by inserting after "embryos" --
"
or human eggs, or to create or use other human
embryos or hybrid embryos
5 ".
(4) Section 53ZE(6) is amended by inserting after "embryos" --
"
or human eggs, or to create or use other human
embryos or hybrid embryos
10 ".
(5) Section 53ZE(7)(b) is amended by inserting after "embryos" --
"
or human eggs, or to create or use other human
embryos or hybrid embryos
15 ".
(6) After section 53ZE(7) the following subsection is inserted --
"
(8) For the purposes of applying the condition referred to
in subsection (1)(a) --
20 (a) a licence may provide that the guidelines
referred to in the definition of "proper consent"
in section 53T(1) apply in a modified form in
relation to the use, under the licence, of excess
ART embryos that are unsuitable for
25 implantation; and
(b) if a licence so provides, the guidelines as
modified by the licence have effect in relation
to the giving of consent for such creation or
use.
30 ".
page 24
Human Reproductive Technology Amendment Bill 2007
s. 40
40. Section 53ZG amended
Section 53ZG(2) is amended by inserting after "Prohibition of
Human Cloning" --
" for Reproduction ".
5 41. Section 53ZJ amended
Section 53ZJ(1) is amended as follows:
(a) in paragraph (b) by inserting after "embryos" --
"
or human eggs, and creations or uses of other
10 human embryos or hybrid embryos,
";
(b) by deleting paragraph (d) and inserting instead --
"
(d) the number of excess ART embryos or human
15 eggs authorised to be used under the licence,
and the number of other human embryos or
hybrid embryos authorised to be created or used
under the licence;
".
20 42. Section 53ZL amended
Section 53ZL is amended as follows:
(a) after each of paragraphs (a), (b) and (c) by inserting --
" or ";
(b) in the definition of "eligible person" by inserting after
25 paragraph (c) --
"
(ca) in relation to a decision to modify guidelines
under section 53ZE(8) in respect of a
licence -- the licence holder; or
30 ".
page 25
Human Reproductive Technology Amendment Bill 2007
s. 43
43. Section 53ZM amended
After section 53ZM(1)(c) the following paragraph is inserted --
"
(ca) a decision to modify guidelines under
5 section 53ZE(8) in respect of a licence;
".
44. Section 53ZP amended
Section 53ZP(2) is amended by deleting the full stop at the end
of paragraph (b) and inserting instead --
10 "
; or
(c) the entry is made under a warrant under
section 53ZRA.
".
15 45. Section 53ZQ amended
Section 53ZQ(1) is amended as follows:
(a) in paragraph (b) by inserting after "embryo" --
" , chimeric embryo, hybrid embryo, human egg ";
(b) by deleting the full stop at the end of paragraph (f) and
20 inserting instead --
"
;
(g) in addition to the powers mentioned in
paragraphs (a) to (f), if the inspector was
25 authorised to enter the premises by a warrant
under section 53ZRA -- to require any person
in or on the premises to --
(i) answer any questions put by the
inspector; and
page 26
Human Reproductive Technology Amendment Bill 2007
s. 46
(ii) produce any book, record or document
requested by the inspector.
".
46. Section 53ZR amended
5 Section 53ZR is amended as follows:
(a) by inserting after "human embryo" --
"
, a chimeric embryo, a hybrid embryo, a human egg
";
10 (b) by deleting "the embryo or thing" and inserting
instead --
" the embryo, the egg or the thing ".
47. Sections 53ZRA to 53ZRD inserted
After section 53ZR the following sections are inserted --
15 "
53ZRA. Monitoring warrants
(1) An inspector may apply to a magistrate for a warrant
under this section in relation to premises.
(2) Subject to subsection (3), the magistrate may issue the
20 warrant if the magistrate is satisfied by information on
oath or affirmation that it is reasonably necessary that
one or more inspectors should have access to the
premises for the purposes of finding out whether this
Part or Part 4A has been complied with.
25 (3) The magistrate must not issue the warrant unless the
inspector or some other person has given to the
magistrate, either orally or by affidavit, such further
information (if any) as the magistrate requires
concerning the grounds on which the issue of the
30 warrant is being sought.
page 27
Human Reproductive Technology Amendment Bill 2007
s. 47
(4) The warrant must --
(a) authorise one or more inspectors (whether or
not named in the warrant) with such assistance
and by such force as is necessary and
5 reasonable --
(i) to enter the premises; and
(ii) to exercise the powers set out in
section 53ZQ in relation to the
premises;
10 and
(b) state whether the entry is authorised to be made
at any time of the day or night or during
specified hours of the day or night; and
(c) specify the day (not more than 15 days after the
15 issue of the warrant) on which the warrant
ceases to have effect; and
(d) state the purpose for which the warrant is
issued.
53ZRB. Details of warrant to be given to occupier or other
20 person present
(1) If a warrant under section 53ZRA is being executed
and the occupier of the premises or another person who
apparently represents the occupier is present at the
premises, the inspector must make available to that
25 person a copy of the warrant.
(2) The inspector must identify himself or herself to that
person.
(3) The copy of the warrant referred to in subsection (1)
need not include the signature of the magistrate who
30 issued the warrant.
page 28
Human Reproductive Technology Amendment Bill 2007
s. 48
53ZRC. Announcement before entry
An inspector must, before entering premises under a
warrant --
(a) announce that he or she is authorised to enter
5 the premises; and
(b) give any person at the premises an opportunity
to allow entry to the premises.
53ZRD. Occupier entitled to be present during search
(1) If a warrant under section 53ZRA is being executed
10 and the occupier of the premises, or another person
who apparently represents the occupier is present at the
premises, the person is entitled to observe the search
being conducted.
(2) The right to observe the search being conducted ceases
15 if the person impedes the search.
(3) This section does not prevent 2 or more areas of the
premises being searched at the same time.
".
48. Part 4B Division 9 repealed
20 Part 4B Division 9 is repealed.
49. Part 4B Division 10 heading amended
The heading to Part 4B Division 10 is amended by inserting
after "embryos" --
"
25 other human embryos, hybrid embryos and human eggs
".
50. Section 53ZVA amended
Section 53ZVA is amended by inserting after "embryo" --
" , other human embryo, hybrid embryo or human egg ".
page 29
Human Reproductive Technology Amendment Bill 2007
s. 51
51. Section 53ZW amended
(1) Section 53ZW(1) is amended by deleting "19 December 2004."
and inserting instead --
" 12 December 2009. ".
5 (2) Section 53ZW(2) is repealed and the following subsection is
inserted instead --
"
(2) The persons undertaking the review must consider and
report on the scope and operation of this Part as
10 amended by the Human Reproductive Technology
Amendment Act 2007, taking into account the
following --
(a) developments in assisted reproductive
technology, including technological, medical
15 and scientific developments, and the actual or
potential clinical and therapeutic applications of
such research;
(b) developments in embryonic stem cell research,
including technological, medical and scientific
20 developments, and the actual or potential
clinical and therapeutic applications of such
research;
(c) community standards;
(d) a brief analysis of international developments
25 and legislation relating to the use of human
embryos and related research;
(e) an analysis of research resulting from the
NHMRC licences granted;
(f) any National Stem Cell Centre and any national
30 register of donated excess ART embryos;
(g) an evaluation of the effectiveness of legislative
provisions and NHMRC guidelines relating to
proper consent;
page 30
Human Reproductive Technology Amendment Bill 2007
s. 52
(h) an evaluation of the range of matters for which
the NHMRC Licensing Committee may issue
an NHMRC licence and any recommendations
to increase, decrease or alter these arising from
5 the evaluation;
(i) an analysis of any research or clinical practice
which has been prevented as a result of
legislative restrictions;
(j) the extent to which the NHMRC Licensing
10 Committee has effectively used information
and education tools to assist researchers
working in the field, and any ongoing need for
legally binding rulings;
(k) the extent of Commonwealth/State cooperation
15 in the area of human embryo research and the
requirement for further Commonwealth or State
legislation on the matter.
".
(3) Section 53ZW(3) and (5) are amended by deleting "section 47"
20 and inserting instead --
" section 47A ".
52. Section 53ZX inserted
After section 53ZW the following section is inserted --
"
25 53ZX. Minister to report to Parliament in relation to the
Commonwealth Human Embryo Act sections 47B
and 47C
The Minister must cause a copy of a report prepared
under section 47B or 47C of the Commonwealth
30 Human Embryo Act to be laid before each House of
Parliament not later than 6 sitting days from the date of
receipt of the report.
".
page 31
Human Reproductive Technology Amendment Bill 2007
s. 53
53. Section 61 replaced
Section 61 is repealed and the following section is inserted
instead --
"
5 61. Savings and transitional provisions
Schedule 2 sets out savings and transitional provisions.
".
54. Schedule amended
The Schedule is amended by deleting all of the Schedule before
10 clause 1 (including the Schedule headings) and inserting
instead --
"
Schedule 1 -- Provisions relating to the
membership and proceedings of the Council and the
15 annual report on reproductive technology
[s. 5 and 8]
".
55. Schedule 2 inserted
After Schedule 1 the following Schedule is inserted --
20 "
Schedule 2 -- Savings and transitional provisions
Division 1 -- Provisions for Human Reproductive Technology
Amendment Act 2007
1. Terms used in this Division
25 In this Division --
"amended Act" means the Act as amended by the Human
Reproductive Technology Amendment Act 2007;
page 32
Human Reproductive Technology Amendment Bill 2007
s. 56
"commencement day" means the day on which the Human
Reproductive Technology Amendment Act 2007
section 50 comes into operation.
2. Saving and transitional provision for licence applicants
5 (1) If --
(a) at any time before the commencement day, a person
made an application under section 53ZA(1) for a
licence; and
(b) immediately before the commencement day, the
10 NHMRC Licensing Committee had not decided the
application,
then the person is to be taken, on and from the
commencement day, to have applied under section 53ZA(1)
of the amended Act for the licence.
15 (2) Nothing in this clause prevents a licence that was in force
immediately before the commencement day from continuing
in force after the commencement day.
".
56. Amendments relating to the amended title of the Human
20 Reproductive Technology Act 1991
The Acts listed in the first column of the Table to this section
are amended in the corresponding provisions listed in the
second column by deleting "Human Reproductive Technology
Act 1991" and inserting instead --
25 "
Human Reproductive Technology and Embryo
Research Act 1991
".
page 33
Human Reproductive Technology Amendment Bill 2007
s. 56
Table
Artificial Conception Act 1985 s. 3(3) in the definition of "artificial
fertilisation procedure"
Constitution Acts Amendment Schedule V Part 3 in the item relating
Act 1899 to The Western Australian
Reproductive Technology Council
Freedom of Information Schedule 1 clause 13(b)
Act 1992
Human Tissue and Transplant s. 30A in the definition of "human
Act 1982 embryonic stem cell line"
page 34
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