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HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 28

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 28

28 .         Exemptions relating to artificial insemination

        (1)         Subject to subsection (2), an exemption shall be deemed to have been issued, and a licence under this Part is not required, in respect of an artificial insemination procedure where —

            (a)         the procedure is carried out by a medical practitioner who has —

                  (i)         applied for exemption from the licensing requirement in the prescribed manner, notifying the CEO of the kind of procedures that will be carried out by that practitioner; and

                  (ii)         lodged with the CEO a written undertaking in the prescribed form to observe and comply with the Code of Practice and any directions;

                and

            (b)         in relation to that medical practitioner, and to a procedure of that kind, that application is not refused or the exemption is not subsequently revoked,

                but where the CEO notifies the medical practitioner in writing that conditions are to be imposed in relation to any practice or procedure and issues to that practitioner a certificate of exemption in the prescribed form applicable to that practice or procedure, the exemption conferred by this subsection in relation to that practice or a procedure of that kind shall be taken to be subject to the conditions that are set out in that certificate.

        (2)         A person who holds an exemption deemed to have been or specifically issued under subsection (1) is —

            (a)         subject to the like disciplinary procedures in relation to that exemption as would have been applicable had the exemption been a licence under this Part; and

            (b)         shall be deemed in respect of the practice or procedure thereby authorised to be the licence supervisor under that licence.

        (3)         A licence or an exemption under this Part is not required in respect of artificial insemination where the artificial insemination is carried out by prescribed persons in prescribed circumstances.

        [Section 28 amended: No. 17 of 2004 s. 22; No. 28 of 2006 s. 270(2).]