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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Human Reproductive Technology Act 1991 amended 3. Act amended 3 4. Preamble amended 3 5. Section 3 amended 3 6. Section 6 amended 3 7. Section 14 amended 4 8. Section 18 amended 4 9. Section 21 amended 4 10. Section 22 amended 4 11. Section 23 amended 5 12. Section 26 amended 6 13. Section 33 amended 6 14. Section 53R amended 6 15. Section 55A inserted 7 55A. Use of powers in connection with Surrogacy Act 2008 7 16. Various references to Commonwealth Act amended 7 Part 3 -- Surrogacy Act 2008 amended 17. Act amended 9 18. Section 19 amended 9 88--1 page i Western Australia LEGISLATIVE ASSEMBLY Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 A Bill for An Act to amend the Human Reproductive Technology Act 1991 and the Surrogacy Act 2008. The Parliament of Western Australia enacts as follows: page 1 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Human Reproductive Technology and Surrogacy 4 Legislation Amendment Act 2018. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation. page 2 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Human Reproductive Technology Act 1991 amended Part 2 s. 3 1 Part 2 -- Human Reproductive Technology Act 1991 2 amended 3 3. Act amended 4 This Part amends the Human Reproductive Technology 5 Act 1991. 6 4. Preamble amended 7 In the Preamble paragraph B -- 8 (a) delete "unable to conceive children naturally due to 9 medical reasons or" and insert: 10 11 likely to be unable to conceive or give birth to children 12 naturally due to medical reasons, or 13 14 (b) after "disease," insert: 15 16 or who are unable to conceive children naturally due to 17 social reasons and are parties to a lawful surrogacy 18 arrangement, 19 20 5. Section 3 amended 21 In section 3(1) insert in alphabetical order: 22 23 surrogacy arrangement has the meaning given in the 24 Surrogacy Act 2008 section 3; 25 26 6. Section 6 amended 27 In section 6(4) delete "(2) or (3)," and insert: 28 29 (2), 30 page 3 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Part 2 Human Reproductive Technology Act 1991 amended s. 7 1 7. Section 14 amended 2 In section 14(1): 3 (a) in paragraph (a)(ii) delete "Act;" and insert: 4 5 Act and the Surrogacy Act 2008; 6 7 (b) in paragraph (b)(ii) after "Act" insert: 8 9 and the Surrogacy Act 2008 10 11 8. Section 18 amended 12 In section 18(1)(ca) delete "arrangement as defined in the 13 Surrogacy Act 2008 section 3; and" and insert: 14 15 arrangement; and 16 17 9. Section 21 amended 18 Delete section 21(i)(ii) and insert: 19 20 (ii) a couple who are married to, or in a 21 de facto relationship with, each other; 22 23 10. Section 22 amended 24 In section 22(1)(e)(ia): 25 (a) delete "woman" (2nd occurrence) and insert: 26 27 person 28 page 4 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Human Reproductive Technology Act 1991 amended Part 2 s. 11 1 (b) delete "her" and insert: 2 3 the person's 4 5 11. Section 23 amended 6 (1) In section 23(1): 7 (a) delete paragraph (a) and insert: 8 9 (a) the procedure -- 10 (i) would be likely to benefit a couple who 11 are likely to be unable to conceive a 12 child due to medical reasons; or 13 (ii) would be likely to benefit a woman who 14 is likely to be unable to conceive or give 15 birth to a child due to medical reasons; 16 or 17 (iii) would be likely to benefit a couple or 18 woman whose child would otherwise be 19 likely to be affected by a genetic 20 abnormality or a disease; or 21 (iv) is for the purposes of a surrogacy 22 arrangement that is lawful and for which 23 there are medical or social reasons 24 under the Surrogacy Act 2008 25 section 19(1A); 26 and 27 28 (b) delete paragraph (c) and insert: 29 30 (c) any persons seeking to be regarded as a couple 31 for the purposes of this section are married to, 32 or in a de facto relationship with, each other; 33 and 34 page 5 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Part 2 Human Reproductive Technology Act 1991 amended s. 12 1 (2) Delete section 23(2). 2 12. Section 26 amended 3 In section 26(1): 4 (a) in paragraph (c) delete "woman" and insert: 5 6 person 7 8 (b) in paragraph (d) delete "woman" and insert: 9 10 person 11 12 (c) in paragraph (d) after "the egg" insert: 13 14 or embryo 15 16 13. Section 33 amended 17 In section 33(2)(ea) delete "29(5)(a); and" and insert: 18 19 29(5)(aa); and 20 21 14. Section 53R amended 22 In section 53R(5) delete "Act 2003 of the Commonwealth" and 23 insert: 24 25 for Reproduction Act 2002 (Commonwealth) 26 page 6 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Human Reproductive Technology Act 1991 amended Part 2 s. 15 1 15. Section 55A inserted 2 After section 55 insert: 3 4 55A. Use of powers in connection with Surrogacy 5 Act 2008 6 (1) An authorised officer may exercise a power conferred 7 by section 54 for the purposes of investigating whether 8 or not the Surrogacy Act 2008 is being or has been 9 contravened by a licensee or in connection with the 10 provision of reproductive technology treatment. 11 (2) A justice may exercise the power conferred by 12 section 55(1) in relation to an offence under the 13 Surrogacy Act 2008 if there is reason to suspect that 14 the offence is, or is likely to be, committed by a 15 licensee or in connection with the provision of 16 reproductive technology treatment. 17 (3) For the purposes of this section, references in 18 sections 54 and 55 to this Act include references to the 19 Surrogacy Act 2008. 20 21 16. Various references to Commonwealth Act amended 22 In the provisions listed in the Table delete "Prohibition of 23 Human Cloning Act 2002 of the Commonwealth" and insert: 24 25 Prohibition of Human Cloning for Reproduction Act 2002 26 (Commonwealth) 27 28 Table s. 53A(2) s. 53B(1) def. of chimeric embryo par. (b) page 7 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Part 2 Human Reproductive Technology Act 1991 amended s. 16 s. 53B(1) def. of hybrid s. 53R(3) embryo par. (e) s. 53ZG(2) page 8 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Surrogacy Act 2008 amended Part 3 s. 17 1 Part 3 -- Surrogacy Act 2008 amended 2 17. Act amended 3 This Part amends the Surrogacy Act 2008. 4 18. Section 19 amended 5 (1) Delete section 19(1)(b) and insert: 6 7 (b) there were medical or social reasons for the 8 surrogacy arrangement when the surrogacy 9 arrangement was entered into. 10 11 (2) Delete section 19(2) and insert: 12 13 (1A) For the purposes of subsection (1)(b), there are medical 14 or social reasons for a surrogacy arrangement if -- 15 (a) in the case of a surrogacy arrangement 16 involving 1 arranged parent, the arranged 17 parent is an eligible woman or a man; or 18 (b) in the case of a surrogacy arrangement 19 involving 2 arranged parents, the arranged 20 parents are married to, or in a de facto 21 relationship with, each other and are -- 22 (i) an eligible woman and a man; or 23 (ii) 2 eligible women; or 24 (iii) 2 men. 25 (2) In subsection (1A) -- 26 eligible woman means a woman who -- 27 (a) is likely to be unable to conceive a child due to 28 medical reasons not excluded by subsection (3); 29 or page 9 Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 Part 3 Surrogacy Act 2008 amended s. 18 1 (b) although able to conceive a child, is likely to be 2 unable to give birth to a child due to medical 3 reasons; or 4 (c) although able to conceive a child, is likely to 5 conceive a child affected by a genetic 6 abnormality or a disease. 7 8 (3) In section 19(3): 9 (a) after "being" insert: 10 11 likely to be 12 13 (b) delete "the definitions of eligible couple and eligible 14 person" and insert: 15 16 paragraph (a) of the definition of eligible woman 17 18
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