HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 46

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 46

46 .         Access to information

        (1)         Nothing in this Act shall be construed as preventing a person who is or was a participant in relation to any procedure from obtaining access to information being kept by a licensee about that person in respect of that procedure under this Act, and a licensee shall facilitate any such access requested.

        (2)         A person, on payment of the prescribed fee, shall be entitled to be furnished with information in a register kept under section 45(1)(a), (b) or (c) if the information supplied related to that person in their capacity as a participant in an artificial fertilisation procedure.

        (3)         A person may, on payment of the prescribed fee, be furnished with information in a register kept under section 45 if —

            (a)         it does not identify, but relates to —

                  (i)         a biological parent of that person; or

                  (ii)         a child of which that person is a biological parent;

                or

            (b)         it is sought by a person so authorised by the CEO; or

            (c)         it discloses only the social or public health connotations of reproductive technology; or

            (d)         a written law so provides,

                but not otherwise, unless subsection (2) applies.

        (4)         Nothing in this Act prohibits access to information in the register being given to —

            (a)         an authorised officer, for the purposes of the administration of this Act or a prescribed written law; or

            (b)         a licensee or a person authorised by that licensee, in relation to information previously supplied by that licensee but not otherwise, in order to carry out an artificial fertilisation procedure or to conduct research.

        [Section 46 amended: No. 28 of 2006 s. 270(1).]