HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 24

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 24

24 .         Storage

        (1)         In relation to the storage of any human gametes, human egg undergoing fertilisation or human embryo —

            (a)         the primary purpose stated in any consent to the storage of a human embryo must relate to the probable future implantation of that embryo or its probable future use under an NHMRC licence; and

            (b)         the Code may make provision as to what, in particular circumstances, constitutes an excessive time for the storage of —

                  (i)         human gametes; or

                  (ii)         a human egg undergoing fertilisation; or

                  (iii)         a human embryo,

                but no human egg undergoing fertilisation or human embryo shall be stored for a period in excess of 10 years except with the approval of the Council under subsection (1a).

        (1a)         The Council may, on an application by an eligible person, approve in writing a longer storage period for a human egg undergoing fertilisation or a human embryo if it considers that there are special reasons for doing so in a particular case.

        (1b)         An approval under subsection (1a) may be subject to conditions and is to specify the date on which the longer storage period ends.

        (1c)         An approval under subsection (1a) can only be given before the end of 10 years, or if a longer storage period has previously been approved under subsection (1a), before the end of that period.

        (1d)         The Council is to inform the Minister of each approval given under subsection (1a), but in such a manner that the identity of the biological parents cannot be ascertained from the approval.

        (2)         In subsection (1a) —

        eligible person , in relation to a human egg undergoing fertilisation or a human embryo, means —

            (a)         a person who is or is to be a participant in an artificial fertilisation procedure in which the egg or embryo is to be used; or

            (b)         a person for whom the egg or embryo was developed; or

            (c)         in the case of an excess ART embryo, except in relation to the use of such an embryo referred to in section 10(2)(e) of the Commonwealth Human Embryo Act, the licensee.

        (3)         Three months before the end of a period of storage permitted under this section the licensee must take reasonable steps to notify each person for whom the human egg undergoing fertilisation or human embryo is being stored.

        (4)         If a period of storage permitted under this section comes to an end and no application has been made for the extension of the storage period, the licensee may, if the licensee has complied with subsection (3), allow the human egg undergoing fertilisation or the human embryo to succumb and will not be liable to anyone for so doing.

        [Section 24 amended: No. 1 of 1996 s. 5 and 6; No. 3 of 2002 s. 75; No. 17 of 2004 s. 18.]