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TASMANIA
__________
HUMAN CLONING AND OTHER PROHIBITED
PRACTICES AMENDMENT BILL 2007
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - HUMAN CLONING AND OTHER PROHIBITED
PRACTICES ACT 2003 AMENDED
3. Principal Act
4. Long title amended
5. Section 1 amended (Short title)
6. Section 3 amended (Object of Act)
7. Section 4 amended (Interpretation)
8. Part 2, Division 1: Heading amended
9. Section 5 repealed
10. Section 8 amended (No defence that human embryo clone could
not survive)
11. Part 2, Division 2: Heading repealed
12. Section 9 repealed
13. Section 10 amended (Offence - creating a human embryo for a
purpose other than achieving pregnancy in a woman)
14. Section 11 substituted
[Bill 38]-I
11. Offence - creating or developing a human embryo
by fertilisation that contains genetic material
provided by more than 2 persons
15. Section 12 amended (Offence - developing a human embryo
outside the body of a woman for more than 14 days)
16. Section 13 repealed
17. Section 14 amended (Offence - heritable alterations to genome)
18. Section 15 amended (Offence - collecting a viable human
embryo from the body of a woman)
19. Section 16 substituted
16. Offence - creating a chimeric embryo
16A. Offence - developing a hybrid embryo
20. Section 17 amended (Offence - placing of an embryo)
21. Sections 18 and 19 substituted
18. Offence - importing, exporting or placing a
prohibited embryo
22. Section 20 amended (Offence - commercial trading in human
eggs, human sperm or human embryos)
23. Part 2, Division 2 inserted
Division 2 - Practices that are prohibited unless authorised
by a licence
20A. Offence - creating a human embryo other than by
fertilisation, or developing such an embryo
20B. Offence - creating or developing a human embryo
containing genetic material provided by more than 2
persons
20C. Offence - using precursor cells from a human
embryo or a human fetus to create a human embryo,
or developing such an embryo
20D. Offence - creating a hybrid embryo
PART 3 - HUMAN EMBRYONIC RESEARCH REGULATION ACT
2003 AMENDED
24. Principal Act
25. Section 3 amended (Object of Act)
26. Section 7 amended (Modification of Commonwealth embryo
laws)
2
HUMAN CLONING AND OTHER PROHIBITED
PRACTICES AMENDMENT BILL 2007
(Brought in by the Minister for Health and Human Services,
the Honourable Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Human Cloning and Other Prohibited
Practices Act 2003 and the Human Embryonic Research
Regulation Act 2003
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Human Cloning
and Other Prohibited Practices Amendment Act
2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 38] 3
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
s. 3 Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended
PART 2 - HUMAN CLONING AND OTHER
PROHIBITED PRACTICES ACT 2003 AMENDED
3. Principal Act
In this Part, the Human Cloning and Other
Prohibited Practices Act 2003* is referred to as
the Principal Act.
4. Long title amended
The long title of the Principal Act is amended by
inserting "for reproduction" after "cloning".
5. Section 1 amended (Short title)
Section 1 of the Principal Act is amended by
inserting "for Reproduction" after "Cloning".
6. Section 3 amended (Object of Act)
Section 3(2) of the Principal Act is amended by
omitting "Prohibition of Human Cloning Act
2002" and substituting "Prohibition of Human
Cloning for Reproduction Act 2002".
*No. 51 of 2003
4
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended s. 7
7. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting the definition of "human
embryo" from subsection (1) and
substituting the following definition:
"human embryo" means a discrete
entity that has arisen from
either -
(a) the first mitotic division
when fertilisation of a
human oocyte by a human
sperm is complete; or
(b) any other process that
initiates organised
development of a
biological entity with a
human nuclear genome or
altered human nuclear
genome that has the
potential to develop up to,
or beyond, the stage at
which the primitive streak
appears -
and has not yet reached 8 weeks
of development since the first
mitotic division;
5
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
s. 7 Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended
(b) by inserting the following definition after
the definition of "hybrid embryo" in
subsection (1):
"licence" means a licence issued
under section 21 of the Research
Involving Human Embryos Act
2002 of the Commonwealth;
(c) by omitting the definition of "prohibited
embryo" from subsection (1);
(d) by inserting the following subsections
after subsection (4):
(5) A reference in this Act to an
embryo (including a human
embryo) is a reference to a living
embryo.
(6) A reference in this Act to a
human egg is a reference to a
human oocyte.
(7) A reference in this Act to a
human embryo does not include a
reference to -
(a) a hybrid embryo; or
(b) a human embryonic stem
cell line.
6
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended s. 8
8. Part 2, Division 1: Heading amended
Division 1 of Part 2 of the Principal Act is
amended by omitting "Human cloning" from
the heading to that Division and substituting
"Practices that are completely prohibited".
9. Section 5 repealed
Section 5 of the Principal Act is repealed.
10. Section 8 amended (No defence that human embryo
clone could not survive)
Section 8 of the Principal Act is amended by
omitting "section 5, 6 or 7" and substituting
"section 6 or 7".
11. Part 2, Division 2: Heading repealed
Part 2 is amended by repealing the heading
"Division 2 -- Other prohibited practices".
12. Section 9 repealed
Section 9 of the Principal Act is repealed.
7
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
s. 13 Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended
13. Section 10 amended (Offence - creating a human
embryo for a purpose other than achieving
pregnancy in a woman)
Section 10(1) of the Principal Act is amended as
follows:
(a) by inserting "by a process of the
fertilisation of a human egg by a human
sperm" after "human embryo";
(b) by omitting from the penalty "10" and
substituting "15".
14. Section 11 substituted
Section 11 of the Principal Act is repealed and
the following section is substituted:
11. Offence - creating or developing a human
embryo by fertilisation that contains genetic
material provided by more than 2 persons
A person commits an offence if -
(a) the person intentionally creates or
develops a human embryo by a
process of the fertilisation of a
human egg by a human sperm
outside the body of a woman; and
(b) the human embryo contains
genetic material provided by
more than 2 persons.
8
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended s. 15
Penalty: Imprisonment for a term not
exceeding 15 years.
15. Section 12 amended (Offence - developing a human
embryo outside the body of a woman for more than
14 days)
The penalty under section 12 of the Principal Act
is amended by omitting "10" and substituting
"15".
16. Section 13 repealed
Section 13 of the Principal Act is repealed.
17. Section 14 amended (Offence - heritable alterations
to genome)
The penalty under section 14(1) of the Principal
Act is amended by omitting "10" and
substituting "15".
18. Section 15 amended (Offence - collecting a viable
human embryo from the body of a woman)
The penalty under section 15 of the Principal Act
is amended by omitting "10" and substituting
"15".
9
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
s. 19 Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended
19. Section 16 substituted
Section 16 of the Principal Act is repealed and
the following sections are substituted:
16. Offence - creating a chimeric embryo
A person commits an offence if the
person intentionally creates a chimeric
embryo.
Penalty: Imprisonment for a term not
exceeding 15 years.
16A. Offence - developing a hybrid embryo
A person commits an offence if the
person intentionally develops a hybrid
embryo for a period of more than 14
days, excluding any period when
development is suspended.
Penalty: Imprisonment for a term not
exceeding 15 years.
20. Section 17 amended (Offence - placing of an
embryo)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting from the penalty under
subsection (1) "10" and substituting
"15";
10
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended s. 21
(b) by omitting from the penalty under
subsection (2) "10" and substituting
"15";
(c) by omitting from the penalty under
subsection (3) "10" and substituting
"15".
21. Sections 18 and 19 substituted
Sections 18 and 19 of the Principal Act are
repealed and the following section is substituted:
18. Offence - importing, exporting or placing a
prohibited embryo
(1) A person commits an offence if the
person intentionally imports an embryo
into Tasmania knowing that, or reckless
as to whether, the embryo is a prohibited
embryo.
Penalty: Imprisonment for a term not
exceeding 15 years.
(2) A person commits an offence if the
person intentionally exports an embryo
from Tasmania knowing that, or reckless
as to whether, the embryo is a prohibited
embryo.
Penalty: Imprisonment for a term not
exceeding 15 years.
11
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
s. 21 Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended
(3) A person commits an offence if the
person intentionally places an embryo in
the body of a woman knowing that, or
reckless as to whether, the embryo is a
prohibited embryo.
Penalty: Imprisonment for a term not
exceeding 15 years.
(4) In this section -
"prohibited embryo" means -
(a) a human embryo created by a
process other than the fertilisation
of a human egg by human sperm;
or
(b) a human embryo created outside
the body of a woman, unless the
intention of the person who
created the embryo was to
attempt to achieve pregnancy in a
particular woman; or
(c) a human embryo that contains
genetic material provided by
more than 2 persons; or
(d) a human embryo that has been
developing outside the body of a
woman for a period of more than
14 days, excluding any period
when development is suspended;
or
12
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended s. 22
(e) a human embryo created using
precursor cells taken from a
human embryo or a human fetus;
or
(f) a human embryo that contains a
human cell (within the meaning
of section 14) whose genome has
been altered in such a way that
the alteration is heritable by
human descendants of the human
whose cell was altered; or
(g) a human embryo that was
removed from the body of a
woman by a person intending to
collect a viable human embryo;
or
(h) a chimeric embryo or a hybrid
embryo.
22. Section 20 amended (Offence - commercial trading
in human eggs, human sperm or human embryos)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from the penalty under
subsection (1) "10" and substituting
"15";
13
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
s. 23 Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended
(b) by omitting from the penalty under
subsection (2) "10" and substituting
"15";
(c) by omitting "Prohibition of Human
Cloning Act 2002" from paragraph (b)(i)
of the definition of "reasonable
expenses" in subsection (3) and
substituting "Prohibition of Human
Cloning for Reproduction Act 2002".
23. Part 2, Division 2 inserted
After section 20 of the Principal Act, the
following Division is inserted in Part 2:
Division 2 - Practices that are prohibited unless authorised
by a licence
20A. Offence - creating a human embryo other
than by fertilisation, or developing such an
embryo
A person commits an offence if -
(a) the person intentionally creates a
human embryo by a process other
than the fertilisation of a human
egg by a human sperm, or
develops a human embryo so
created; and
14
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended s. 23
(b) the creation or development of
the human embryo by the person
is not authorised by a licence.
Penalty: Imprisonment for a term not
exceeding 10 years.
20B. Offence - creating or developing a human
embryo containing genetic material provided
by more than 2 persons
A person commits an offence if -
(a) the person intentionally creates or
develops a human embryo by a
process other than the fertilisation
of a human egg by a human
sperm; and
(b) the human embryo contains
genetic material provided by
more than 2 persons; and
(c) the creation or development of
the human embryo by the person
is not authorised by a licence.
Penalty: Imprisonment for a term not
exceeding 10 years.
20C. Offence - using precursor cells from a
human embryo or a human fetus to create a
15
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
s. 23 Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended
human embryo, or developing such an
embryo
A person commits an offence if -
(a) the person uses precursor cells
taken from a human embryo or a
human fetus, intending to create a
human embryo, or intentionally
develops an embryo so created;
and
(b) the person engages in activities
mentioned in paragraph (a)
without being authorised by a
licence, and the person knows or
is reckless as to that fact.
Penalty: Imprisonment for a term not
exceeding 10 years.
20D. Offence - creating a hybrid embryo
(1) A person commits an offence if the
person intentionally creates a hybrid
embryo.
(2) A person commits an offence if the
person intentionally develops a hybrid
embryo.
(3) A person does not commit an offence
against subsection (1) or (2) if the
creation or development of the hybrid
16
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
Part 2 - Human Cloning and Other Prohibited Practices Act 2003 Amended s. 23
embryo by the person is authorised by a
licence.
Penalty: Imprisonment for a term not
exceeding 10 years.
17
Human Cloning and Other Prohibited Practices Amendment Act
2007
Act No. of
s. 24 Part 3 - Human Embryonic Research Regulation Act 2003 Amended
PART 3 - HUMAN EMBRYONIC RESEARCH
REGULATION ACT 2003 AMENDED
24. Principal Act
In this Part, the Human Embryonic Research
Regulation Act 2003* is referred to as the
Principal Act.
25. Section 3 amended (Object of Act)
Section 3(1) of the Principal Act is amended by
inserting "or by other means" after "technology".
26. Section 7 amended (Modification of Commonwealth
embryo laws)
Section 7(1) of the Principal Act is amended as
follows:
(a) by omitting "Prohibition of Human
Cloning Act 2002" and substituting
"Prohibition of Human Cloning for
Reproduction Act 2002";
(b) by omitting "Human Cloning and Other
Prohibited Practices Act 2003" and
substituting "Human Cloning for
Reproduction and Other Prohibited
Practices Act 2003".
*No. 52 of 2003
18 Government Printer, Tasmania