HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 53B

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 53B

53B .         Terms used

        (1)         In this Part —

        animal does not include a human;

        chimeric embryo means —

            (a)         a human embryo into which a cell, or any component part of a cell, of an animal has been introduced; or

            (b)         a thing declared by regulations under the Prohibition of Human Cloning Act 2002 of the Commonwealth to be a chimeric embryo;

        human embryo clone means a human embryo that is a genetic copy of another living or dead human, but does not include a human embryo created by the fertilisation of a human egg by human sperm;

        hybrid embryo means —

            (a)         an embryo created by the fertilisation of a human egg by animal sperm; or

            (b)         an embryo created by the fertilisation of an animal egg by human sperm; or

            (c)         a human egg into which the nucleus of an animal cell has been introduced; or

            (d)         an animal egg into which the nucleus of a human cell has been introduced; or

            (e)         a thing declared by regulations under the Prohibition of Human Cloning Act 2002 of the Commonwealth to be a hybrid embryo;

        precursor cell means a cell that has the potential to develop into a human egg or human sperm.

        (2)         For the purposes of establishing that a human embryo clone is a genetic copy of a living or dead human —

            (a)         it is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and

            (b)         it is not necessary to establish that the copy is an identical genetic copy.

        (3)         For the purposes of the definition of human embryo clone in subsection (1), a human embryo that results from the technological process known as embryo splitting is taken not to be created by a process of fertilisation of a human egg by human sperm.

        (4)         A reference in this Part to a number of penalty units is a reference to the amount calculated in accordance with the following formula —

                where —

        A         is that number of penalty units; and

        B         is the amount (in dollars) that is for the time being a penalty unit under section 4AA of the Crimes Act 1914 of the Commonwealth.

        [Section 53B inserted: No. 18 of 2004 s. 8.]

        [Heading inserted: No. 18 of 2004 s. 8.]