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This is a Bill, not an Act. For current law, see the Acts databases.


HUMAN REPRODUCTIVE TECHNOLOGY AMENDMENT (PROHIBITION OF HUMAN CLONING) BILL 2003

                     Western Australia


Human Reproductive Technology Amendment
  (Prohibition of Human Cloning) Bill 2003

                       CONTENTS

1.    Short title                             1
2.    Commencement                            2
3.    The Act amended                         2
4.    Section 3 amended                       2
5.    Section 4 amended                       2
6.    Section 25 amended                      2
7.    Section 26 amended                      3
8.    Part 4A inserted                        3
9.    Section 53ZG amended                   12
10.   Sections 53ZP, 53ZQ and 53ZR amended   13




                                             page i
                         235--1
                           Western Australia


                      LEGISLATIVE ASSEMBLY

        (As divided by the Assembly and pro forma amendments)



 Human Reproductive Technology Amendment
   (Prohibition of Human Cloning) Bill 2003


                               A Bill for


An Act to further amend the Human Reproductive Technology
Act 1991.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Human Reproductive Technology
        Amendment (Prohibition of Human Cloning) Act 2003.




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     2.        Commencement
               This Act comes into operation immediately after the Human
               Reproductive Technology Amendment Act 2003 comes into
               operation.

5    3.        The Act amended
               The amendments in this Act are to the Human Reproductive
               Technology Act 1991*.
                   [*Act No. 22 of 1991.
                   For subsequent amendments see Western Australian
10                 Legislation Information Tables for 2002, Table 1, p. 177 and
                   the Human Reproductive Technology Amendment Bill 2003
                   currently before Parliament.]

     4.        Section 3 amended
               Section 3(2) is by inserting before "4B" --
15             "     4A or   ".

     5.        Section 4 amended
               After section 4(1) the following section is inserted --
               "
              (1a)     The particular objects of Part 4A are set out in section
20                     53A.
                                                                                  ".

     6.        Section 25 amended
               Section 25(a) is amended by deleting "section 7(1)(j);" and
               inserting instead --
25             "     section 53Q;   ".




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     7.      Section 26 amended
             Section 26(1)(a) is amended by deleting "section 7(1)(j)," and
             inserting instead --
             "     section 53Q,    ".
5    8.      Part 4A inserted
             After section 53 the following Part is insereted --
     "
                       Part 4A -- Prohibited practices
                                   Division 1 -- General

10        53A.       Object of this Part
             (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
15                          human embryos by prohibiting certain
                            practices; and
                      (b) to adopt in this State a uniform Australian
                            approach to the prohibitions.
             (2)     For that purpose, this Part creates a number of offences
20                   that are similar to offences under the Prohibition of
                     Human Cloning Act 2002 of the Commonwealth.

          53B.       Definitions
             (1)     In this Part --
                     "animal" does not include a human;
25                   "chimeric embryo" means --
                          (a) a human embryo into which a cell, or any
                                component part of a cell, of an animal has
                                been introduced; or


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                        (b)   a thing declared by regulations under the
                              Prohibition of Human Cloning Act 2002 of
                              the Commonwealth to be a chimeric embryo;
                    "human embryo clone" means a human embryo that
5                       is a genetic copy of another living or dead human,
                        but does not include a human embryo created by
                        the fertilisation of a human egg by human sperm;
                    "hybrid embryo" means --
                        (a) an embryo created by the fertilisation of a
10                            human egg by animal sperm;
                        (b) an embryo created by the fertilisation of an
                              animal egg by human sperm;
                        (c) a human egg into which the nucleus of an
                              animal cell has been introduced;
15                      (d) an animal cell into which the nucleus of a
                              human cell has been introduced; or
                        (e) a thing declared by regulations under the
                              Prohibition of Human Cloning Act 2002 of
                              the Commonwealth to be a hybrid embryo;
20                  "precursor cell" means a cell that has the potential to
                        develop into a human egg or human sperm.
              (2)   For the purposes of establishing that a human embryo
                    clone is a genetic copy of a living or dead human --
                         (a) it is sufficient to establish that the set of
25                             genes in the nuclei of the cells of the living
                               or dead human has been copied; and
                         (b) it is not necessary to establish that the copy
                               is an identical genetic copy.
              (3)   For the purposes of the definition of "human embryo
30                  clone" in subsection (1), a human embryo that results
                    from the technological process known as embryo
                    splitting is taken not to be created by a process of
                    fertilisation of a human egg by human sperm.

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        (4)   A reference in this Part to a number of penalty units is
              a reference to the amount calculated in accordance with
              the following formula --
              AxB
5             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.

10                    Division 2-- Human cloning

     53C.     Offence -- creating a human embryo clone
              A person commits a crime if the person creates a
              human embryo clone.
              Penalty: A fine of 900 penalty units or imprisonment
15               for 15 years or both.

     53D.     Offence -- placing a human embryo clone in the
              human body or the body of an animal
              A person commits a crime if the person places a human
              embryo clone in the body of a human or the body of an
20            animal.
              Penalty: A fine of 900 penalty units or imprisonment
                  for 15 years or both.

     53E.     Offence -- importing or exporting a human embryo
              clone
25      (1)   A person commits a crime if the person imports a
              human embryo clone into the State from a place
              outside Australia.
              Penalty: A fine of 900 penalty units or imprisonment
                  for 15 years or both.


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              (2)   A person commits a crime if the person exports a
                    human embryo clone from the State to a place outside
                    Australia.
                    Penalty: A fine of 900 penalty units or imprisonment
5                      for 15 years or both.

            53F.    No defence that human embryo clone could not
                    survive
                    It is not a defence to an offence under section 53C,
                    53D or 53E that the human embryo clone did not
10                  survive or could not have survived.

                     Division 3 -- Other prohibited practices

            53G.    Offence -- creating a human embryo other than by
                    fertilisation, or developing such an embryo
                    A person commits a crime if the person creates a
15                  human embryo by a process other than the fertilisation
                    of a human egg by human sperm, or develops a human
                    embryo so created.
                    Penalty: A fine of 600 penalty units or imprisonment
                         for 10 years or both.
20                  Summary conviction penalty: A fine of 120 penalty
                         units or imprisonment for 2 years or both.

            53H.    Offence -- creating a human embryo for a purpose
                    other than achieving pregnancy in a woman
              (1)   A person commits a crime if the person creates a
25                  human embryo outside the body of a woman, unless
                    the person's intention in creating the embryo is to
                    attempt to achieve pregnancy in a particular woman.
                    Penalty: A fine of 600 penalty units or imprisonment
                        for 10 years or both.
30                  Summary conviction penalty: A fine of 120 penalty
                        units or imprisonment for 2 years or both.

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        (2)   A defendant does not bear an evidential burden in
              relation to the exception provided by subsection (1).

     53I.     Offence -- creating or developing a human embryo
              containing genetic material provided by more than
5             2 persons
              A person commits a crime if the person creates or
              develops a human embryo containing genetic material
              provided by more than 2 persons.
              Penalty: A fine of 600 penalty units or imprisonment
10                for 10 years or both.
              Summary conviction penalty: A fine of 120 penalty
                  units or imprisonment for 2 years or both.

     53J.     Offence -- developing a human embryo outside the
              body of a woman for more than 14 days
15            A person commits a crime if the person develops a
              human embryo outside the body of a woman for a
              period of more than 14 days, excluding any period
              when development is suspended.
              Penalty: A fine of 600 penalty units or imprisonment
20                for 10 years or both.
              Summary conviction penalty: A fine of 120 penalty
                  units or imprisonment for 2 years.

     53K.     Offence -- using precursor cells from a human
              embryo or a human fetus to create a human
25            embryo, or developing such an embryo
              A person commits a crime if the person uses precursor
              cells taken from a human embryo or a human fetus,
              intending to create a human embryo, or develops an
              embryo so created.
30            Penalty: A fine of 600 penalty units or imprisonment
                   for 10 years or both.


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

            53L.    Offence -- heritable alterations to genome
              (1)   A person commits a crime if --
5                     (a) the person alters the genome of a human cell in
                            such a way that the alteration is heritable by
                            descendants of the human whose cell was
                            altered; and
                     (b) in altering the genome, the person intended the
10                          alteration to be heritable by descendants of the
                            human whose cell was altered.
                    Penalty: A fine of 600 penalty units or imprisonment
                        for 10 years or both.
                    Summary conviction penalty: A fine of 120 penalty
15                      units or imprisonment for 2 years or both.
              (2)   In this section --
                    "human cell" includes a human embryonal cell, a
                         human fetal cell, human sperm or a human egg.

            53M.    Offence -- collecting a viable human embryo from
20                  the body of a woman
                    A person commits a crime if the person removes a
                    human embryo from the body of a woman, intending to
                    collect a viable human embryo.
                    Penalty: A fine of 600 penalty units or imprisonment
25                      for 10 years or both.
                    Summary conviction penalty: A fine of 120 penalty
                        units or imprisonment for 2 years or both.

            53N.    Offence -- creating a chimeric or hybrid embryo
              (1)   A person commits a crime if the person creates a
30                  chimeric embryo.


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        (2)   A person commits a crime if the person creates a
              hybrid embryo.
        (3)   A person who commits an offence against this section
              is liable to a fine of 600 penalty units or imprisonment
5             for 10 years or both.
              Summary conviction penalty: A fine of 120 penalty
                   units or imprisonment for 2 years or both.


     53O.     Offence -- placing of an embryo
10      (1)   A person commits a crime if the person places a human
              embryo in an animal.
        (2)   A person commits a crime if the person places a human
              embryo in the body of a human, other than in a
              woman's reproductive tract.
15      (3)   A person commits a crime if the person places an
              animal embryo in the body of a human for any period
              of gestation.
        (4)   A person who commits an offence against this section
              is liable to a fine of 600 penalty units or imprisonment
20            for 10 years or both.
              Summary conviction penalty: A fine of 120 penalty
                   units or imprisonment for 2 years or both.

     53P.     Offence -- importing, exporting or placing a
              prohibited embryo
25      (1)   A person commits a crime if the person imports a
              prohibited embryo into the State from a place outside
              Australia.
        (2)   A person commits a crime if the person exports a
              prohibited embryo from the State to a place outside
30            Australia.


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               (3)   A person commits a crime if the person places a
                     prohibited embryo in the body of a woman.
               (4)   A person who commits an offence against this section
                     is liable to a fine of 600 penalty units or imprisonment
5                    for 10 years or both.
                     Summary conviction penalty: A fine of 120 penalty
                          units or imprisonment for 2 years or both.
               (5)   In this section --
                     "prohibited embryo" means --
10                     (a) a human embryo created by a process other
                              than the fertilisation of a human egg by human
                              sperm;
                       (b) a human embryo created outside the body of a
                              woman, unless the intention of the person who
15                            created the embryo was to attempt to achieve
                              pregnancy in a particular woman;
                       (c) a human embryo that contains genetic material
                              provided by more than 2 persons;
                       (d) a human embryo that has been developing
20                            outside the body of a woman for a period of
                              more than 14 days, excluding any period when
                              development is suspended;
                       (e) a human embryo created using precursor cells
                              taken from a human embryo or a human fetus;
25                      (f) a human embryo that contains a human cell (as
                              defined in section 53L(2)) whose genome has
                              been altered in such a way that the alteration is
                              heritable by human descendants of the human
                              whose cell was altered;
30                     (g) a human embryo that was removed from the
                              body of a woman by a person intending to
                              collect a viable human embryo; or
                       (h) a chimeric embryo or a hybrid embryo.

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     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
5             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.
10      (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.
15      (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
20                       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
25                            embryo became an excess ART embryo;
                              and
                       (ii) includes, but is not limited to, expenses
                              relating to the storage or transport of the
                              embryo;
30            "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,

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                           but does not include the payment of reasonable
                           expenses incurred by the person in connection
                           with the supply.

                               Division 4 -- Review of Part

5           53R.       Review of Part
               (1)     The Minister must cause a review of the operation of
                       this Part to be undertaken as soon as possible after
                       19 December 2004.
               (2)     The review must take into account --
10                      (a) developments in technology in relation to
                              assisted reproductive technology;
                        (b) developments in medical research and scientific
                              research and the potential therapeutic
                              applications of such research;
15                      (c) community standards; and
                        (d) the applicability of establishing a national stem
                              cell bank.
               (3)     The review of this Part may be undertaken as part of
                       the review of the Prohibition of Human Cloning Act
20                     2002 of the Commonwealth mentioned in section 25 of
                       that Act.
                                                                                ".

     9.        Section 53ZG amended
               Section 53ZG(2) is amended by inserting after "law" --
25             "     , Part 4A ".




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10.      Sections 53ZP, 53ZQ and 53ZR amended
         Sections 53ZP(1), 53ZQ(1)(b) and (2) and 53ZR are each
         amended by inserting after "Part" --
         " or Part 4A ".




 


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