Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
No. 63 of 1995
Version incorporating amendments as at 1 July 2007
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Interpretation
5. Guiding principles
5A. Act to bind the Crown
PART 2-TREATMENT PROCEDURES
Division 1-General
6. Fertilisation procedures
7. Donor insemination
Division 2-General requirements for treatment procedures
8. Persons who may undergo treatment procedures
9. Requirements as to consent
10. Information
11. Counselling
Division 3-Requirements for donors
12. Donation of gametes or embryos
13. Consent of spouse of donor
14. Requirements as to consent
15. Objection by later spouse
16. Counselling requirements
17. Requirements as to the giving and receiving of information
18. Identified donors
19. Requirements as to consent to use of gamete etc. from identified donor
Division 4-Requirements for donor treatment procedures
20. Circumstances in which donor procedure may be used
21. Information and advice
PART 2A-REGULATION OF CERTAIN USES INVOLVING EXCESS ART EMBRYOS, OTHER EMBRYOS AND HUMAN EGGS
Division 1-Interpretation
21A. Definitions
21B. Meaning of excess ART embryo
Division 2-Offences
21C. Offence-use of excess ART embryo
21CA. Offence-use of other embryos
21CB. Offence-certain activities involving use of human eggs
21D. Offence-use of embryo that was created by fertilisation and
that is not an excess ART embryo
21E. Offence-breaching a licence condition
21EA. Person not liable for conduct purportedly authorised
Division 3-Embryo Research Licensing Committee of the NHMRC
21F. Functions of Committee
21G. Powers of Committee
Division 4-Licensing system
21H. Person may apply for licence
21I. Determination of application by Committee
21J. Notification of decision
21K. Period of licence
21L. Licence is subject to conditions
21M. Variation of licence
21N. Suspension or revocation of licence
21O. Surrender of licence
21P. Notification of variation, suspension or revocation of licence
Division 5-Reporting and confidentiality
21Q. NHMRC Licensing Committee to make certain information publicly available
21R. Confidential commercial information may only be disclosed
in certain circumstances
Division 6-Review provisions
21S. Meaning of terms
21T. Review of decisions
Division 7-Monitoring powers
21U. Powers available to inspectors for monitoring compliance
21V. Monitoring powers
21W. Power to secure
21WA. Monitoring warrants
21WB. Details of warrant to be given to occupier etc.
21WC. Announcement before entry
21WD. Occupier entitled to be present during search
21X. Inspector must produce identity card on request
21Y. Consent
21Z. Compensation for damage
21ZA. Extended operation of Division
PART 3-RESEARCH
Division 1-Offences
22. Research
23. Places for research
24. Ban on destructive research on non-excess ART embryos
25. Authority must not approve destructive research on
non-excess ART embryos
26. Authority must not approve certain research on oocytes in the process of fertilisation
Division 2-Preliminary requirements for research involving embryos
27. Consent to research involving embryos
28. Consent of spouse of donor
29. Requirements as to consent
30. Objection by later spouse
31. Counselling requirements
32. Information requirements
Division 3-Repealed
33. Repealed
Division 4-Preliminary requirements for other research involving gametes
34. Consent to research using gametes
35. Requirements as to consent
Division 5-Application of Part
35A. Meaning of research in this Part
PART 4-PROCEDURES RELATING TO CONSENTS
36. Approved form to be used
37. Withdrawal of consent
38. Lapsing of consent
PART 4A-PROHIBITED PRACTICES INCLUDING PROHIBITION ON HUMAN CLONING FOR REPRODUCTION
Division 1-Practices that are completely prohibited
38A. Repealed
38B. Offence-placing a human embryo clone in the human body
or the body of an animal
38C. Offence-importing or exporting a human embryo clone
38D. No defence that human embryo clone could not survive
38E. Repealed
38F. Offence-creating a human embryo for a purpose other than achieving pregnancy in a woman
38G. Offence-creating or developing a human embryo by
fertilisation that contains genetic material provided by more
than 2 persons
38H. Offence-developing a human embryo outside the body of a woman for more than 14 days
38I. Repealed
38J. Offence-heritable alterations to genome
38K. Offence-collecting a viable human embryo from the body
of a woman
38L. Offence-creating a chimeric or hybrid embryo
38LA. Offence-developing a hybrid embryo
38M. Offence-placing of an embryo
38N. Offence-importing, exporting or placing a prohibited embryo
38O. Offence-commercial trading in human eggs, human sperm or human embryos
Division 2-Practices that are prohibited unless authorised by a licence
38OA. Offence-creating a human embryo other than by fertilisation, or developing such an embryo
38OB. Offence-creating or developing a human embryo
containing genetic material provided by more than
2 persons
38OC. Offence-using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such
an embryo
38OD. Offence-creating a hybrid embryo
PART 5-OTHER MISCELLANEOUS OFFENCES
Division 1-Prohibited procedures
38P. Application of Division
39. Repealed
40. Transfer of gametes or embryos used for research
41. Ban on procedures involving gametes produced by children
42. Repealed
43. Ban on procedures involving gametes of people known to be dead
44, 45. Repealed
46. Ban on certain procedures
47-49. Repealed
50. Ban on sex selection
Division 2-Storage
50A. Application of Division
51. Storing gametes
52. Storing embryos
53. Removal of embryos from storage
54. Places of storage
55. Ban on use of gametes or embryos not stored at licensed centre
Division 3-General offences
56. Import or export of gametes and embryos
57. Repealed
58. False or misleading information
PART 6-SURROGATE MOTHERHOOD
59. Surrogacy
60. Surrogacy-advertising
61. Surrogacy agreements void
PART 7-RECORDS AND ACCESS TO INFORMATION
Division 1-Records
62. Register to be kept for licensed centre
63. Register to be kept by doctor carrying out donor insemination
64. Information to be given to the Authority by licensed centres
65. Information to be given to the Authority by doctors not at licensed centres
66. Information to be given under section 64 and 65.
67. Information to be given to the Authority about births by other persons
68. Authority to keep a central register
69. Authority to correct central register
70. Inspection of Registers
Division 2-Information to be given by licensed centres and
doctors
71. Information recorded by licensed centre or doctor which is to
be given to persons undergoing donor treatment procedures
72. Information recorded by licensed centre or doctor which is to
be given to donors
73. Information about pregnancy, birth or transfer
Division 3-Information to be given from central register
74. Application by parents for information contained on central register
75. Authority to give information about donor to parents
76. Application by donor for information about persons born as a result of donor treatment procedures and parents of such
persons
77. Authority to give information about person born as a result
of a donor treatment procedure
78. Authority to give information about parents
79. Application by person born as a result of a donor treatment procedure or descendant for information about donor
80. Authority to give information about donor to person born as
the result of a procedure
81. Counselling not applicable in certain circumstances
82. Donor treatment procedure information register
Division 4-General provisions
83. Information
84. Waiver of fees
85. Disclosure of information to a medical practitioner
86. Records of information given
87. Consent
88. Authority may refuse to give information
89. Confidentiality-information which may identify
90. Confidentiality-non-identifying information
91. Closure of court or tribunal
92. Exemption from Freedom of Information Act 1982.
PART 7A-PRE-1 JULY 1988 PROCEDURE INFORMATION
92A. Definitions
92B. Application of Part
92C. Recording of pre-1 July 1988 information
92D. Release of information
92E. Request for release of information
92F. Authority to comply with wishes of person who provided information
92G. Authority may give information
92H. Counselling waived in certain circumstances
92I. Offences
PART 8-LICENCES, APPROVALS AND DESIGNATED OFFICERS
Division 1-Licensing of places
93. Licence application-hospitals and day procedure centres
94. Licence application-research institutions
95. Designation of principal doctor or principal scientist
96. Licence applications-general procedure
97. Authority may grant or refuse licence
Division 2-Approval to carry out research
98. Application for approval to carry out research
99. Approval by Authority to carry out research
100. Report of results of research to Authority
Division 3-Approval of persons carrying out treatment procedures or research
101. Application for approval of doctor or scientist
102. Authority may grant or refuse approval
Division 4-Approved counsellors
103. Application for approval of counsellors
104. Authority may grant or refuse approval
Division 5-General provisions about licences, approvals and exemptions
104A. Application of Part
105. Form and content of licence or approval
106. Power of Authority to impose conditions
107. Provision of information
108. Variation of conditions of licences or approvals under this Part
109. Variation of approvals and exemptions under Part 5.
110. Offence of failing to comply with terms etc. of licence or approval
110A. Formation of embryos
111. Duration and renewal of licence or approval
112. Application for renewal
113. Suspension of licence, approval or exemption
114. Immediate suspension
115. Cancellation of licence, approval or exemption
116. Orders
117. Notification about approvals and licences
118. Notification to Minister
Division 6-Designated officers
119. Designated officers for licensed centres
120. If no designated officer appointed
PART 9-INFERTILITY TREATMENT AUTHORITY
Division 1-Constitution of the Authority
121. Establishment of Authority
122. Powers, functions, duties and consultation requirements
123. Membership
124. Terms of office
125. Resignation and removal
126. Chairperson and Deputy Chairperson
127. Acting member
128. Payment of members
129. Procedure of Authority
130. Effect of vacancy or defect
131. Member's interests
132. Immunity
133. Engagement or employment of persons
134. Delegation
135. Committees
Division 2-Supplementary powers
136. Powers of Authority in relation to fees
Division 3-Reporting and financial provisions
137. Report to Minister
138. Infertility Treatment Authority Fund
139. Investment powers
PART 10-Repealed
140-148. Repealed
PART 11-REVIEW OF DECISIONS
149. Review of decisions
PART 12-GENERAL
150. Decisions by Authority not reviewable
151. No action if gametes used without knowing consent withdrawn
or lapsed
152. Conscientious objections
153. Record of consent or objection and withdrawal of consent or objection
154. Transfer of documents
155. Authorised officers
156. Powers and duties of members of Authority and authorised officers
157. Offence to obstruct or hinder
158. Additional liability for offences
159. Application of Public Records Act 1973.
160. Prohibition on destruction of documents
161. Evidence
162. Search warrants
163. Indictable offences
164. Supreme Court-limitation of jurisdiction
PART 13-REGULATIONS
165. Regulations
PART 14-REVIEW AND TRANSITIONAL PROVISIONS
Division 1-Review of Parts 2A and 4A.
166. Review of operation of Parts 2A and 4A.
167-170. Repealed
Division 2-Transitional provisions
171. Definitions
172. General transitional provision
173. Regulations
174. Donations
175. Consents
176. Eligibility for fertilisation procedures
177. Eligibility to undergo donor insemination
178. Eligibility-research procedures
179. Partial compliance
180. Identified donors under section 16 of the repealed Act
181. Recording and disclosing information-general
182. Registers and records
183. Recording and giving information
184. Access to information
185. Gametes, zygotes and embryos in storage
186. Application of time limits for storage of zygotes and embryos
187. Removal from storage
188. Use of stored gametes, zygotes and embryos
189. Approval of research procedures
190. Approval of counsellors
191. Approval of premises
192. Review of Ministerial decisions
193. Ministerial directions
194. Abolition of former Committee
195. Repealed
196. Exemptions
197. Existing immunity not affected
198. Superseded references
199. Further savings and transitional provisions
Division 3-Savings and transitional provisions (2003 Act)
200. Definition
201. Status of certain licences and approvals
202. Regulations
203. General transitional provision
Division 4-Savings and transitional provisions (2007 Act)
204. Definition
205. Existing applications for licences
206. Existing licences
207. Offences
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details