New South Wales Consolidated Acts

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     (Repealed)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)