Victorian Current Acts

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Validation of storage of certain embryos past expiry

    (1)     This section applies if immediately before the commencement day—

        (a)     a registered ART provider caused or permitted an embryo to remain in storage; and

        (b)     the embryo had been in storage for more than—

              (i)     5 years; or

              (ii)     if the persons who produced the gametes from which the embryo was formed had consented to the embryo remaining in storage for an additional period not exceeding 5 years, that period—

without approval under this Act or a corresponding previous enactment for a longer storage period.

    (2)     Section 33 as amended by the 2013 Act does not apply to prohibit the continued storage of the embryo for the period ending 18 months after the commencement day.

    (3)     The registered ART provider is not liable for an offence against section 33(2), as in force immediately before the commencement day, only for the reason that the registered ART provider permitted or caused the embryo to remain in storage for more than a period referred to in subsection (1)(b)(i) or (ii) without the approval of the Patient Review Panel.

New s. 139 inserted by No. 18/2013 s. 15.

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