HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 41
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 41
41 . Effect on pending procedures
(1) The suspension of
the operation of a licence or exemption, the cancellation of a licence, the
revocation of an exemption or a change in the terms and conditions imposed in
relation to a licence or exemption does not, unless the CEO otherwise directs,
relieve the licensee or former licensee of any obligation in relation to the
completion of any artificial fertilisation procedure then being undergone by a
participant.
(2) Where a licence or
exemption under which a procedure was commenced, or was purportedly commenced,
ceases to have effect the CEO, if that would be in the best interests of a
participant, may give directions to the licence supervisor requiring that the
procedure, or specified matters relating to the procedure, be carried out and
completed by —
(a) a
person specified in the direction; or
(b) some
other person authorised to do so under this Act,
and may require that
to be done at the expense of the licensee, and may take such steps as are
necessary to ensure that the expense is met.
(3) Where any human
egg undergoing fertilisation or human embryo is, or human gametes are, kept by
a licensee and the licence or exemption under which the keeping took place
ceases to have effect the CEO may require that such egg, embryo or gametes be
stored in accordance with this Act thereafter in a manner and by a person
approved by the CEO.
[Section 41 amended: No. 17 of 2004 s. 29; No. 28
of 2006 s. 270.]
[Heading amended: No. 55 of 2004 s. 534.]