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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - NOTES

Version No. 020

No. 76 of 2008
Version incorporating amendments as at
1 March 2017

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Version No. 020

Assisted Reproductive Treatment Act 2008

No. 76 of 2008
Version incorporating amendments as at
1 March 2017

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

    Minister's second reading speech—

    Legislative Assembly: 10 September 2008

    Legislative Council: 10 October 2008

The long title for the Bill for this Act was "A Bill for an Act to regulate assisted reproductive treatment and artificial insemination, to make provision with respect to surrogacy arrangements, to repeal the Infertility Treatment Act 1995, to amend the Status of Children Act 1974 and the Births, Deaths and Marriages Registration Act 1996 and other Acts and for other purposes."

The Assisted Reproductive Treatment Act 2008 was assented to on 11 December 2008 and came into operation as follows:

Sections 1, 2 and 135 on 12 December 2008: section 2(1); rest of Act on 1 January 2010: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Assisted Reproductive Treatment Act 2008 by Acts and subordinate instruments.

Where a provision has expired, the provision has been omitted and an explanatory sidenote included.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Assisted Reproductive Treatment Act 2008, No. 76/2008

Assent Date:

11.12.08

Commencement Date:

S. 148 on 1.1.11: s. 148

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:

30.3.10

Commencement Date:

S. 51(Sch. item 6) on 1.7.10: s. 2(2)

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:

8.6.10

Commencement Date:

S. 46 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Statute Law Revision Act 2011, No. 29/2011

Assent Date:

21.6.11

Commencement Date:

S. 3(Sch. 1 item 4) on 22.6.11: s. 2(1)

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Amendment Act 2013, No. 18/2013

Assent Date:

23.4.13

Commencement Date:

Ss 48, 14 on 23.4.13: s. 2(1); ss 913, 15 on 28.5.13: Special Gazette (No. 180) 21.5.13 p. 1

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Statute Law Revision Act 2013, No. 70/2013

Assent Date:

19.11.13

Commencement Date:

S. 3(Sch. 1 item 1) on 1.12.13 s. 2(1)

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 5) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Further Amendment Act 2014, No. 58/2014

Assent Date:

2.9.14

Commencement Date:

Ss 49, 16, 19, 23, 24 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 1; ss 1015, 17, 18, 2022 on 29.6.15: s. 2(2)

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

Assent Date:

9.9.14

Commencement Date:

S. 162 on 1.3.16: s. 2(3)

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Statute Law Revision Act 2015, No. 21/2015

Assent Date:

16.6.15

Commencement Date:

S. 3(Sch. 1 item 6) on 1.8.15: s. 2(1)

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Amendment Act 2016, No. 6/2016 (as amended by No. 22/2016)

Assent Date:

1.3.16

Commencement Date:

Ss 4(2), 37 on 18.5.16: Special Gazette (No. 153) 17.5.16 p. 1; ss 4(1), 536 on 1.3.17: s. 2(2)

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This publication does not include amendments made to the Assisted Reproductive Treatment Act 2008 by the following Acts/s.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Assisted Reproductive Treatment Act 2008, No. 76/2008

Assent Date:

11.12.08

Commencement Date:

S. 147 inserted on 18.5.16 by No. 6/2016 s. 37: Special Gazette (No. 153) 17.5.16 p. 1

Note:

S. 147 repeals ss 146, 147 on 1.3.18

Current State:

This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

At the date of this publication, the following provisions amending the Assisted Reproductive Treatment Act 2008 were Not in Operation:

Amending Act/s:

Assisted Reproductive Treatment Act 2008, No. 76/2008

        147     Repeal of transitional regulation-making powers—Assisted Reproductive Treatment Amendment Act 2016

Section 146 and this section are repealed on 1 March 2018.

    4     Explanatory details


[1] S. 3 def. of Health Services Commissioner: The amendment proposed by section 161 of the Health Complaints Act 2016, No. 22/2016 is not included in this publication due to the earlier commencement of section 4(2) of the Assisted Reproductive Treatment Amendment Act 2016, No. 6/2016.

Section 161 reads as follows:

        161     Definitions

In section 4(2) of the Assisted Reproductive Treatment Amendment Act 2016, for the proposed definition of Health Services Commissioner substitute

""Health Complaints Commissioner" means the Commissioner as defined in the Health Complaints Act 2016;".



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