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This is a Bill, not an Act. For current law, see the Acts databases.
Assisted Reproductive Treatment Amendment
(Consent) Act 2019
No. of 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendment of Principal Act 3
4 Definitions 3
5 Statute law revision 3
Part 3--Amendment of Status of Children Act 1974 4
6 Application of Part 4
7 Additional requirements for surrogacy arrangements without
assistance of registered ART provider 4
8 Regulations 4
9 New Part IX inserted 5
Part 4--Repeal of this Act 6
10 Repeal of this Act 6
═════════════
Endnotes 7
1 General information 7
i
Assisted Reproductive Treatment
Amendment (Consent) Act 2019
No. of 2019
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Assisted Reproductive
Treatment Act 2008 to ensure that a
married woman is not required to obtain the
consent of her spouse to access a treatment
procedure using donor sperm in
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Assisted Reproductive Treatment Amendment (Consent) Act 2019
No. of 2019
Part 1--Preliminary
circumstances where the woman is separated
from her spouse; and
(b) to amend the Status of Children
Act 1974--
(i) to ensure that the presumptions as to
parentage operate consistently with the
amendments made to the Assisted
Reproductive Treatment Act 2008;
and
(ii) to clarify requirements for counsellors
for the purposes of surrogacy
arrangements commissioned without
the assistance of a registered ART
provider.
2 Commencement
(1) This Part, Part 4 and sections 5, 7 and 8 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on the day that is 28 days after the day
on which this Act receives the Royal Assent.
3 Principal Act
In this Act, the Assisted Reproductive
Treatment Act 2008 is called the Principal Act.
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Assisted Reproductive Treatment Amendment (Consent) Act 2019
No. of 2019
Part 2--Amendment of Principal Act
Part 2--Amendment of Principal Act
4 Definitions
In section 3 of the Principal Act, in paragraph (a)
of the definition of partner, after "spouse" insert
"(other than a spouse from whom the person has
separated)".
5 Statute law revision
(1) In section 3 of the Principal Act--
(a) for the definition of Health Services
Commissioner substitute--
"Health Complaints Commissioner means
the Commissioner within the meaning
of the Health Complaints Act 2016;";
(b) in the definition of Secretary, for
"Department of Health" substitute
"Department of Health and Human
Services".
(2) In section 124(f) of the Principal Act, for
"Voluntary Register." substitute "Voluntary
Register;".
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Assisted Reproductive Treatment Amendment (Consent) Act 2019
No. of 2019
Part 3--Amendment of Status of Children Act 1974
Part 3--Amendment of Status of Children
Act 1974
6 Application of Part
At the end of section 12 of the Status of Children
Act 1974 insert--
"(2) For the purposes of subsection (1)(b), a
woman does not have a partner if, at the time
of the procedure, she was married to but had
separated from her spouse.".
7 Additional requirements for surrogacy
arrangements without assistance of registered ART
provider
For section 23(3) of the Status of Children
Act 1974 substitute--
"(3) For the purposes of subsection (2)(b), the
person must have received counselling
from--
(a) a counsellor who provides counselling
on behalf of a registered ART provider;
or
(b) a person who meets the prescribed
requirements for providing
counselling.".
8 Regulations
At the end of section 41 of the Status of Children
Act 1974 insert--
"(2) Regulations made under this Act--
(a) may be of limited or general
application; and
(b) may differ according to differences in
time, place or circumstance; and
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Assisted Reproductive Treatment Amendment (Consent) Act 2019
No. of 2019
Part 3--Amendment of Status of Children Act 1974
(c) may confer discretionary authority or
impose duties in connection with the
regulations on any specified person or
body or specified class of persons or
bodies.".
9 New Part IX inserted
After section 48 of the Status of Children
Act 1974 insert--
"Part IX--Transitional
Provisions--Assisted Reproductive
Treatment Amendment (Consent)
Act 2019
49 Transitional provisions--Assisted
Reproductive Treatment Amendment
(Consent) Act 2019
Part III, as amended by the Assisted
Reproductive Treatment Amendment
(Consent) Act 2019, applies in respect of
a pregnancy resulting from a procedure
carried out on or after the commencement of
section 6 of that Act.".
5
Assisted Reproductive Treatment Amendment (Consent) Act 2019
No. of 2019
Part 4--Repeal of this Act
Part 4--Repeal of this Act
10 Repeal of this Act
This Act is repealed on 8 October 2020.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
6
Assisted Reproductive Treatment Amendment (Consent) Act 2019
No. of 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Assisted Reproductive Treatment Act 2008 to ensure that a married
woman is not required to obtain the consent of her spouse to undergo a
treatment procedure using donor sperm in circumstances where the
woman has separated from her spouse, to make consequential and other
amendments to the Status of Children Act 1974 and for other purposes."
By Authority. Government Printer for the State of Victoria.
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