South Australian Current Acts

ASSISTED REPRODUCTIVE TREATMENT ACT 1988 - SECT 9

9—Conditions of registration

        (1)         The Minister must, by notice in writing given to a person registered under this Part, impose conditions of the following kinds on the person's registration:

            (a)         a condition requiring the person to hold, while the person is registered under this Part, a specified licence, accreditation or other qualification that is in force;

            (b)         a condition setting out the kinds of assisted reproductive treatment the person may provide and any requirements that must be complied with in the provision of such treatment;

            (ba)         subject to subsection (1a), a condition prohibiting the person from refusing to provide assisted reproductive treatment to another on the basis only of the other's sexual orientation or gender identity, marital status, or religious beliefs;

            (c)         a condition preventing the provision of assisted reproductive treatment except in the following circumstances:

                  (i)         if it appears to be unlikely that, in the person's circumstances, the person will become pregnant other than by an assisted reproductive treatment;

                  (iii)         if there appears to be a risk that a serious genetic defect, serious disease or serious illness would be transmitted to a child conceived naturally;

                  (iv)         if—

                        (A)         the donor of the relevant human semen has died; and

                        (B)         before the donor died—

        •         the donor's semen was collected; or

        •         a human ovum (being the ovum of a woman who, immediately before the death of the deceased, was living with the donor on a genuine domestic basis) was fertilised by means of assisted reproductive treatment using the donor's semen; or

        •         an embryo had been created as a consequence of such assisted reproductive treatment; and

                        (C)         before the donor died, the donor consented to the use of the semen, fertilised ovum or embryo (as the case requires) after the donor's death in the provision of the proposed assisted reproductive treatment; and

                        (D)         if the donor gave any directions in relation to the use of the semen, ovum or embryo (as the case requires)—the directions have, as far as is reasonably practicable, been complied with; and

                        (E)         the assisted reproductive treatment is provided for the benefit of a woman who, immediately before the death of the donor, was living with the donor on a genuine domestic basis;

            (iva)         for the purposes of a lawful surrogacy agreement;

                  (v)         in any other circumstances prescribed by the regulations;

            (d)         a condition requiring the person to ensure that the regulations are complied with;

            (e)         any other condition required by the regulations,

and may impose any other condition the Minister thinks fit.

        (1a)         Section 9(1)(ba) does not apply to a registered objector but, in that case, it is instead a condition of the registered objector's registration that the registered objector take steps to refer the person seeking assisted reproductive treatment to another person who is registered under this Part.

        (2)         The Minister may, by notice in writing given to a person registered under this Part, vary the conditions of the person's registration by the addition, substitution or deletion of 1 or more conditions.

        (3)         A person who is registered under this Part and who contravenes or fails to comply with a condition of the person's registration is guilty of an offence.

Maximum penalty: $120 000.