Western Australian Consolidated Acts

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HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 53Q

53Q .         Offence — commercial trading in human eggs, human sperm or human embryos

        (1)         A person commits a crime if the person gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo.

        (2)         A person commits a crime if the person receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo.

        (3)         A person who commits an offence against this section is liable to a fine of 600 penalty units or imprisonment for 10 years or both.

        Summary conviction penalty: A fine of 120 penalty units or imprisonment for 2 years or both.

        (4)         In this section —

        reasonable expenses  —

            (a)         in relation to the supply of a human egg or human sperm includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and

            (b)         in relation to the supply of a human embryo —

                  (i)         does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo; and

                  (ii)         includes, but is not limited to, expenses relating to the storage or transport of the embryo;

        valuable consideration , in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.

        [Section 53Q inserted by No. 18 of 2004 s. 8.]

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



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