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ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007
- As at 21 March 2024
- Act 69 of 2007
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
4A. References to ART treatment involving gametes
4B. References to "donated gametes" and "donated embryos"
5. Application of other legislation
PART 2 - ART PROVIDERS
Division 1 - Registration
Note
6. ART providers must be registered
7. Registration
8. Notice of change in registered particulars
9. Register of ART providers
Division 2 - Provision of ART services
10. Infection control standards
11. ART services to be undertaken or supervised by a registered medical practitioner
12. Counselling to be available
13. Provision of information to participants in ART services
14. (Repealed)
15. Donated gametes--disclosure of medical information
15A. Assessment report in relation to surrogacy arrangements
Division 3 - Use of gametes
16. Interpretation
17. Giving, modifying and revoking consent
17A. Verification of identify of person giving, modifying or revoking consent
17B. ART provider to take steps to obtain confirmation of consent in certain cases
18. Use of gametes to create embryo outside a woman's body
19. Use of gametes or embryos in ART treatment
20. Use of gametes or embryos for research
21. Supply of gametes or embryos to another person
22. Export of gametes or embryos from NSW
23. Use of gametes or embryos after death of gamete provider
24. Use of gametes or embryos provided more than 5 years ago
25. Storage of gametes or embryos
26. Donated gametes or embryos--time limit on use
27. Donated gametes or embryos--maximum number of families
28. Use of gametes to create embryo with close family member
29. Provision of ART treatment to a child
Division 4 - Records
30. Collection of information
31. Records to be kept by ART provider
32. Records may be given to other ART providers
PART 3 - CENTRAL REGISTER
Division 1 - Preliminary
32A. Establishment of central register
32B. Disclosure of information on the central register generally
Division 2 - Information about ART treatment
32C. Objectives of central register--ART treatment
33. Mandatory giving of information by ART providers
33A. Voluntary giving of information about private ART arrangements
33B. Voluntary giving of information about personal characteristics of donor
33C. Voluntary giving of information by adult offspring of donor
33D. Secretary to ensure accuracy of central register in relation to ART treatment
33E. Disclosure of information on Secretary's own initiative
34. Direction to answer questions and provide information about donor-conceived births
35. Information sharing between Secretary and Registrar of Births, Deaths and Marriages about donor-conceived births
36. Disclosure to subject of information
37. Disclosure to offspring
38. Disclosure to parent of offspring
39. Disclosure to donor
40. Seeking consent of offspring to disclosure
40A. Disclosure of information about offspring without consent
40B. Disclosure permitted with consent
41. Fees
Division 3 - Information about surrogacy arrangements
41A. Definitions
41B. Information about surrogacy arrangements to be entered in central register
41C. Provision of surrogacy information by parties to surrogacy arrangement
41D. Objective of central register--surrogacy arrangements
41E. Disclosure of information to person to whom it relates
41F. Disclosure of information to person about birth parents, gamete providers and siblings
41G. Disclosure of information to birth parent and gamete provider
41H. Seeking consent to disclosure
41I. Consent to registration or disclosure of information
41J. Form of application or notice
41K. Fees
41L. Information that relates to both ART treatment and surrogacy arrangement
41M. Removal of information from register
PART 3A - INFORMATION GENERALLY NOT ON CENTRAL REGISTER
Division 1 - Preliminary
41N. Definitions
Division 2 - Retention of records
41O. ART providers must retain records
41P. Transfer of records
41Q. Secretary may authorise destruction of records
Division 3 - Access to information
41R. Objects of Division
41S. Meaning of "accessible information" about a donor
41T. Application by or on behalf of persons born as a result of ART treatment
41U. Disclosure of information by ART provider
41V. Direction to provide information
41W. Entry of information provided under Part in central register
41X. Disclosure of information by Secretary
PART 4 - (Repealed)
None
PART 5 - INSPECTORS AND ENFORCEMENT
46. Appointment of inspectors
47. Powers of inspectors
48. Provisions relating to exercise of powers
49. Requirement to provide information and records
50. Requirement to provide answers
51. Limitation on self-incrimination
52. Search warrants
53. Offences
54. Disallowance of seizure
55. Disposal of seized items
55A. Use of enforcement powers in connection with Surrogacy Act 2010
PART 6 - ART PROVIDER--ENFORCEMENT PROVISIONS
56. Interpretation
57. Persons may be prohibited from carrying on business
58. Offence of carrying on business while prohibited
59. Requirement to provide information
60. Court to notify Secretary of conviction
61. Order under section 10 of the Crimes (Sentencing Procedure) Act 1999 treated as conviction
PART 7 - MISCELLANEOUS
61A. Destruction or falsification of ART records
62. Person must not make false or misleading representation
63. Summary proceedings for offences
64. Penalty notices
65. Offences by corporations
66. Evidentiary statements
67. How notice is to be given
68. Onus of proof concerning reasonable excuse
69. Disclosure of information by ART providers and others
70. Delegation
71. Regulations
72. Savings, transitional and other provisions
73. (Repealed)
74. Review of Part 3A
SCHEDULE 1
Schedule 2 (Repealed)
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