New South Wales Consolidated Acts

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4 Definitions

(1) In this Act:

"adult" means a person who is not a child.

"approved form" means a form approved by the Secretary.

"ART provider" means a person who provides ART services and includes a registered ART provider, but does not include a person who provides ART services on behalf of a registered ART provider either under contract or in the course of the person's employment by the registered ART provider.

"ART service" means any one or more of the following services, treatments or procedures that is provided for fee or reward or provided in the course of a business (whether or not for profit):
(a) an ART treatment,
(b) the storage of gametes and embryos for use in ART treatment,
(c) the obtaining of a gamete from a gamete provider for use in ART treatment or for research in connection with ART treatment.

"ART treatment" means assisted reproductive technology treatment, being any medical treatment or procedure that procures or attempts to procure pregnancy in a woman by means other than sexual intercourse, and includes artificial insemination, in-vitro fertilisation, gamete intrafallopian transfer and any related treatment or procedure that is prescribed by the regulations.

"central register" means the central register established under Part 3.

"certificate of authority" means the certificate of authority issued to an inspector by the Secretary under Part 5.

"child" means a person who is under the age of 18 years and not married.

"Department" means the Ministry of Health.

"donated embryo" --see section 4B.

"donated gamete" --see section 4B.

"donor" means the gamete provider from whom a donated gamete has been obtained.

"embryo" means the single entity formed by the combination of a human sperm and a human ovum until the time it is implanted in the body of a woman.

"exercise" a function includes perform a duty.

"full name" , in relation to a gamete provider who is a donor, includes each name by which the gamete provider is or has been known.

"function" includes a power, authority or duty.

"gamete" means a human sperm or a human ovum.
Note : Section 8 (b) of the Interpretation Act 1987 provides that in any Act or instrument a reference to a word or expression in the singular form includes a reference to the word or expression in the plural form.

"gamete provider" , in relation to a gamete, means the individual from whom the gamete has been obtained and, in relation to an embryo, means an individual from whom a gamete used to create the embryo was obtained.

"health services provider" means any of the following:
(a) an ART provider or a person that has at any time been an ART provider,
(b) a registered medical practitioner, a person who has at any time been a registered medical practitioner or a person who, at any time before the repeal of the Medical Practice Act 1992 , was registered as a medical practitioner under that Act,
(c) a public health organisation within the meaning of the Health Services Act 1997 ,
(d) a private health facility within the meaning of the Private Health Facilities Act 2007 ,
(e) any person or body of a class prescribed by the regulations.

"identifying information" means information that identifies the individual to whom the information relates.

"inspector" means a person appointed as an inspector under Part 5.

"non-identifying information" means information that does not identify the individual to whom the information relates.

"obtain" a gamete from a gamete provider includes receive a gamete from a gamete provider.

"offspring" of a person means an individual to whom the person is a biological parent and includes an individual born as a result of ART treatment using the person's donated gamete.

"parent" of a child means a person having parental responsibility for the child.

"parental responsibility" , in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

"premises" includes any land or building and part of any land or building.

"record" includes a book, account, deed, writing, document and any other source of information compiled, recorded or stored in written form, or on micro-film, or by electronic process, or in any other manner or by any other means.

"registered ART provider" means a person registered by the Secretary under Division 1 of Part 2 as an ART provider and whose registration is in force.

"relevant medical history" of a donor means any medical history or genetic test results of the donor or the donor's family that are relevant to the future health of any of the following:
(a) persons undergoing ART treatment using the donated gamete,
(b) offspring born as a result of the treatment,
(c) descendants of such offspring.

"Secretary" means the Secretary of the Department.

"seized item" means anything seized by an inspector under Part 5.

"spouse" of a person means:
(a) a person to whom the person is legally married (including a husband or wife of the person), or
(b) the person's de facto partner,
but if more than one person would so qualify as a spouse, means only the latest person to so qualify.
Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

"surrogacy arrangement" has the same meaning as it has in the Surrogacy Act 2010 .
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(3) Notes included in this Act do not form part of this Act.

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