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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 63O

Undertaking required from applicant for identifying information relating to person born as a result of a donor treatment procedure

    (1)     The Authority must not disclose identifying information relating to the person born as a result of a donor treatment procedure in response to an application under section 56(1) unless the applicant gives an undertaking to the Secretary to comply with the person's contact preferences as set out in—

        (a)     any contact preference (whether or not the contact preference is lodged at the time the undertaking is given) lodged under section 63I by—

              (i)     the person born as a result of the donor treatment procedure; and

              (ii)     a parent or guardian of a person born as a result of a donor treatment procedure; and

        (b)     if the contact preference is amended under section 63M by the person who lodged it, that preference as amended (whether or not the amended contact preference is lodged at the time the undertaking is given).

    (2)     An applicant who gives an undertaking under subsection (1) must not knowingly contact the person born as a result of the donor treatment procedure in contravention of the contact preference or the amended contact preference unless the contact is a continuation of, or of a similar kind to, contact that the applicant had with the person before the applicant knew of the contact preference or the amended contact preference (as the case requires).

Penalty:     50 penalty units.

    (3)         Subsection (2) does not apply if the applicant has not been given—

        (a)     in case of a contravention of a contact preference, a copy of the contact preference under section 63I(6); or

        (b)     in case of a contravention of an amended contact preference, a copy of the amended contact preference under section 63M(3)(b).

Division 4—General provisions



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