Western Australian Consolidated Acts Western Australian Consolidated Acts (1) No person shall
cause or permit —
(a) any
procedure to be carried out related to the storage of —
(i)
a human egg intended for use in an in vitro fertilisation
procedure;
(ii)
a human egg undergoing fertilisation; or
(iii)
a human embryo;
(b)
human sperm, having been obtained from different men, to be kept;
(c) an
artificial fertilisation procedure, other than an artificial insemination to
which section 28(3) applies, to be carried out; or
(d) any
other use, outside the body of a woman, of a human embryo, if the use is not
for a purpose relating to the reproductive technology treatment of the woman,
except pursuant to a
licence or exemption by which it is authorised under this Act.
(2) A person who
contravenes subsection (1) commits a crime and is liable to imprisonment
for 5 years.
Summary conviction penalty: Imprisonment for
one year.
[(3) deleted]
(4) If an offence
referred to in subsection (1) is shown to have been committed after the
service upon the alleged offender of a notice in the prescribed form signed by
the CEO drawing attention to a continuing state of affairs alleged in that
notice to contravene subsection (1), the offender is liable to a penalty
of $10 000, in addition to the penalty specified in subsection (2)
or (3), in respect of each day on which that offence is continued after the
service of that notice.
(5) It shall not be a
defence to proceedings for an offence against this section to allege that the
accused believed that what was done was —
(a)
authorised by a licence or exemption under this Act; or
(b) done
at the request of, or with the consent of, a participant.
[Section 6 amended by No. 17 of 2004
s. 9; No. 84 of 2004 s. 82; No. 28 of 2006 s. 270(1).]