HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 53T

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 53T

53T .         Terms used

        (1)         In this Part, unless the contrary intention appears —

        AHEC means the Australian Health Ethics Committee established by the National Health and Medical Research Council Act 1992 of the Commonwealth;

        Commonwealth Human Embryo regulations means the regulations in force under the Commonwealth Human Embryo Act;

        confer includes to impose;

        confidential commercial information means information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed;

        corresponding law means —

            (a)         the Commonwealth Human Embryo Act; or

            (b)         an Act of another State that is a corresponding State law as defined in the Commonwealth Human Embryo Act;

        disclose , in relation to information, means give or communicate in any way;

        excess ART embryo means a human embryo that —

            (a)         was created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and

            (b)         is excess to the needs of —

                  (i)         the woman for whom it was created; and

                  (ii)         her spouse or de facto partner (if any) at the time the embryo was created;

        HREC means a Human Research Ethics Committee;

        inspector means a person appointed as an inspector under section 53ZN(1);

        licence means a licence issued under section 53ZB;

        licensed ART centre means a person licensed under Part 4;

        NHMRC Licensing Committee means the Committee of that name established under section 13 of the Commonwealth Human Embryo Act;

        proper consent , in relation to the use of an excess ART embryo, means —

            (a)         consent obtained in accordance with the Ethical Guidelines on Assisted Reproductive Technology (1996) issued by the NHMRC; or

            (b)         if other guidelines are issued by the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the Commonwealth Human Embryo regulations for the purposes of paragraph (b) of the definition of proper consent in section 8 of the Commonwealth Human Embryo Act — consent obtained in accordance with those other guidelines, rather than the guidelines mentioned in paragraph (a); or

            (c)         where an intended use is to provide a human embryonic stem cell line, the uses to which the human embryonic stem cell line may be put must have been disclosed and explained;

        responsible person , in relation to an excess ART embryo, means —

            (a)         each person who provided the egg or sperm from which the embryo was created; and

            (b)         the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and

            (c)         any person who was the spouse or de facto partner of a person mentioned in paragraph (a) at the time the egg or sperm mentioned in that paragraph was provided; and

            (d)         any person who was the spouse or de facto partner of the woman mentioned in paragraph (b) at the time the embryo was created;

        State includes the Australian Capital Territory and the Northern Territory.

        (2)         For the purposes of paragraph (b) of the definition of excess ART embryo , a human embryo is excess to the needs of the persons mentioned in that paragraph at a particular time if —

            (a)         each such person has given written authority for use of the embryo for a purpose other than a purpose relating to the assisted reproductive technology treatment of the woman concerned, and the authority is in force at that time; or

            (b)         each such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time.

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

A × B

                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.

        (4)         In this Part, a reference to a Commonwealth Act includes a reference to —

            (a)         that Commonwealth Act, as amended and in force for the time being; and

            (b)         an Act enacted in substitution for that Act and, if it is amended, as amended and in force for the time being.

        [Section 53T inserted: No. 17 of 2004 s. 36.]

        [Heading inserted: No. 17 of 2004 s. 36.]