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HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - NOTES

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - NOTES

Notes

1 This is a compilation of the Human Reproductive Technology Act 1991 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Human Reproductive Technology Act 1991

22 of 1991

8 Oct 1991

s. 1 and 2: 8 Oct 1991;

Pt. 1 Div. 1 other than s. 1 and 2, Pt. 2, Pt. 6 and Sch.: 6 Mar 1992 (see s. 2 and Gazette 6 Mar 1992 p. 1107);

Pt. 1 Div. 2, Pt. 3-5: 8 Apr 1993 (see s. 2)

Acts Amendment (Public Sector Management) Act 1994 s. 19

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Sentencing (Consequential Provisions) Act 1995 s. 147

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Human Reproductive Technology Amendment Act 1996

1 of 1996

4 Apr 1996

s. 5: 8 Apr 1993 (see s. 2(2));

Act other than s. 5: 4 Apr 1996 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act 1997 s. 75

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Corporations (Consequential Amendments) Act 2001 Pt. 32

10 of 2001

28 Jun 2001

15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)

Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 11

3 of 2002

17 Apr 2002

21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693)

Reprint of the Human Reproductive Technology Act 1991 as at 12 Jul 2002

(includes amendments listed above except those in the Acts Amendment (Lesbian and Gay Law Reform) Act 2002)

Human Reproductive Technology Amendment Act 2004

17 of 2004

16 Jul 2004

s. 1 and 2: 16 Jul 2004;

Act other than s. 1 and 2: 1 Dec 2004 (see s. 2 and Gazette 26 Nov 2004 p. 5309)

Acts Amendment (Prohibition of Human Cloning and Other Practices) Act 2004 s. 3-10

18 of 2004

16 Jul 2004

1 Dec 2004 (see s. 2 and Gazette 26 Nov 2004 p. 5309)

Children and Community Services Act 2004 Sch. 2 cl. 14

34 of 2004

20 Oct 2004

1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 65 2, 3

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 and 82

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Reprint 2: The Human Reproductive Technology Act 1991 as at 11 Nov 2005 (includes amendments listed above except those in the Children and Community Services Act 2004)

Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 9 Div. 7 4

28 of 2006

26 Jun 2006

1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)

Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 88

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Criminal Law and Evidence Amendment Act 2008 s. 63

2 of 2008

12 Mar 2008

27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559)

Medical Practitioners Act 2008 Sch. 3 cl. 28

22 of 2008

27 May 2008

1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)

Surrogacy Act 2008 Pt. 4 Div. 5

47 of 2008

10 Dec 2008

1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 512)

Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 76

8 of 2009

21 May 2009

22 May 2009 (see s. 2(b))

Reprint 3: The Human Reproductive Technology Act 1991 as at 17 Jul 2009

(includes amendments listed above)

Acts Amendment (Bankruptcy) Act 2009 s. 44

18 of 2009

16 Sep 2009

17 Sep 2009 (see s. 2(b))

Standardisation of Formatting Act 2010 s. 4 and 51

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 27

35 of 2010

30 Aug 2010

18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)

Public Sector Reform Act 2010 s. 89

39 of 2010

1 Oct 2010

1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)

Reprint 4: The Human Reproductive Technology Act 1991 as at 10 Jan 2014 (includes amendments listed above)

Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 16 and Pt. 5 Div. 10

19 of 2016

25 Jul 2016

Pt. 3 Div. 16: 24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165);

Pt. 5 Div. 10: 20 Sep 2017 (see s. 2(1)(c) and Gazette 19 Sep 2017 p. 4880)

2 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

3 The amendments to s. 29(3) in the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 525(1)(c) are not included because it was unclear where they were intended to be made. Section 525(1)(c) reads as follows:



(c) by deleting “it” after “as and after “provided”” and inserting instead —

“ he or she ”.



4 The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 9 Div. 13 reads as follows:



Division 13 — Transitional provisions

289. Commissioner of Health

(1) A thing done or omitted to be done by, to or in relation to, the Commissioner of Health before commencement under, or for the purposes of, an enactment has the same effect after commencement, to the extent that it has any force or significance after commencement, as if it had been done or omitted by, to or in relation to, the CEO.

(2) In this section —

CEO has the meaning given by section 3 of the Health Legislation Administration Act 1984 as in force after commencement;

commencement means the time at which this Division comes into operation;

Commissioner of Health means the Commissioner of Health referred to in section 6(1)(a) of the Health Legislation Administration Act 1984 as in force before commencement.





Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

AHEC 53T(1)

animal 53B(1)

approved counselling 49(2f)

artificial fertilisation procedure 3(1)

artificial insemination procedure 3(1)

authorised officer 3(1)

biological parent 3(1)

CEO 3(1)

Chairperson 3(1)

chimeric embryo 53B(1)

Code 3(1)

Code of Practice 3(1)

commencement day 49(2e)

committee 3(1)

Commonwealth authority 53ZK(3)

Commonwealth Human Embryo Act 3(1)

Commonwealth Human Embryo regulations 53T(1)

condition 3(1)

confer 53T(1)

confidential commercial information 53T(1)

corresponding law 53T(1)

Council 3(1)

counselling services 3(1)

court 53ZK(3)

decision 53ZL

Deputy Chairperson 3(1)

diagnostic investigation 53W(4)

directions 3(1)

director 3(1)

disclose 53T(1)

effective consent 3(1)

eligible person 24(2), 53ZL

engage in conduct 53X(2)

excess ART embryo 3(1), 53T(1)

Executive Officer 3(1)

exempt use 53W(2)

exemption 3(1)

fertilisation 3(1)

guidelines 3(1)

HREC 53T(1)

human cell 53L(2)

human egg 3(1)

human embryo 3(1), 3A(1)

human embryo clone 53B(1)

human gamete 3(1)

human sperm 3(1)

hybrid embryo 53B(1)

in vitro fertilisation procedure 3(1)

information 5(9)

inspector 53T(1)

Institutional Ethics Committee 3(1)

licence 3(1), 53T(1)

licence supervisor 3(1)

licensed ART centre 53T(1)

licensee 3(1)

medical practitioner 3(1)

member 3(1)

misbehaviour Sch. — cl. 5(2)

NHMRC 3(1)

NHMRC licence 3(1)

NHMRC Licensing Committee 53T(1)

nominated member 3(1)

observation 53W(4)

parliamentary purposes 5(9)

participant 3(1)

person to whom the licence applies 3(1)

practice 3(3)

precursor cell 53B(1)

premises 3(1)

procedure 3(1)

prohibited embryo 53P(5)

project of research 3(1)

proper consent 53T(1)

proprietary company 3(1)

prosecution notice 57(2)

Public Health Official 3(1)

reasonable expenses 53Q(4)

record 3(1), 5(9)

related body corporate 3(1)

relevant section 60A(5)

reproductive technology 3(1)

reproductive technology practice 3(3)

research 3(1)

responsible person 53T(1)

Rules 3(1)

specified 57(2)

State 53T(1)

State agency 53ZK(3)

storage 3(4)

storage procedure 3(1)

store 3(4)

stored 3(4)

subsidiary legislation 3(1)

summary conviction penalty 3(1)

therapeutic use 53S(4)

this Act 3(1)

treatment 3(1)

valuable consideration 53Q(4)

woman 3(1)