Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The object of this
Part is —
(a) to
address concerns, including ethical concerns, about scientific developments in
relation to human reproduction and the utilisation of human embryos by
regulating activities that involve the use of certain human embryos created by
assisted reproductive technology; and
(b) to
adopt in this State a uniform Australian approach to the regulation of
activities that involve the use of certain human embryos created by assisted
reproductive technology.
(2) For that purpose,
this Part contains a number of provisions that are similar to provisions in
the Commonwealth Human Embryo Act.
(3) Nothing in this
Part or in a licence under this Part authorises or permits the use of an
excess ART embryo if that use is not a therapeutic use.
(4) In
subsection (3) —
therapeutic use , in relation to an excess ART
embryo, means —
(a) its
use in, or in connection with —
(i)
preventing, diagnosing, curing or alleviating a disease,
ailment, defect or injury in persons;
(ii)
influencing, inhibiting or modifying a physiological
process in persons;
(iii)
testing the susceptibility of persons to a disease or
ailment;
(iv)
influencing, controlling or preventing conception in
persons;
(v)
testing for pregnancy in persons; or
(vi)
the replacement or modification of parts of the anatomy
of persons;
(b) a
use of it that is prescribed in the regulations and is not inconsistent with a
use referred to in paragraph (a); or
(c) its
use in training or research for the purposes of a use referred to in
paragraph (a) or (b).
[Section 53S inserted by No. 17 of 2004
s. 36.]