HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - NOTES
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - 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.
Short title |
Number and year |
Assent |
Commencement |
---|---|---|---|
22 of 1991 |
8 Oct 1991 |
s. 1 and 2: 8 Oct 1991; |
|
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));
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 75 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997
(see s. 2(1)) |
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 |
|||
Human Reproductive Technology Amendment
Act 2004 |
17 of 2004 |
16 Jul 2004 |
s. 1 and 2: 16 Jul 2004; |
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 |
|||
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); |
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)