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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.]