Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
Definitions
3. Definitions
(1) In this Act-
animal does not include a human;
approval means an approval granted or renewed by the Authority under section
40, 51, 52 or 56 or Part 8;
approved research means research for which approval has been given by the
Authority under Division 2 of Part 8;
artificial insemination means a procedure of transferring sperm without also
transferring an oocyte into the vagina, cervical canal or uterus of a woman;
authorised officer means an authorised officer under Part 12;
Authority means the Infertility Treatment Authority established under Part 9;
central register means the register kept by the Authority under section 68;
chimeric embryo means-
(a) a human embryo into which a cell, or any component part of a cell, of
an animal has been introduced; or
(b) a thing declared by the regulations to be a chimeric embryo;
* * * * *
* * * * *
Commonwealth Act means the Research Involving Human Embryos Act 2002 of the
Commonwealth;
Commonwealth authority means the following-
(a) a body corporate established for a public purpose by or under a
Commonwealth Act;
(b) a company in which a controlling interest is held by any one of the
following persons, or by 2 or more of the following persons together-
(i) the Commonwealth;
(ii) a body covered by paragraph (a);
(iii) a body covered by either subparagraph (i) or (ii);
day procedure centre has the same meaning as in the Health Services Act 1988;
de facto relationship means the relationship of a man and a woman who are
living together as husband and wife on a genuine domestic basis, although not
married;
denominational hospital has the same meaning as in the
Health Services Act 1988;
designated officer in relation to a licensed centre means a person appointed,
employed or engaged for that centre under Division 6 of Part 8;
doctor means a registered medical practitioner under the
Health Professions Registration Act 2005;
donor means a person who has given a consent under section 12, 27 or 34 or who
consents to his or her gametes being used in research under section 22(2);
donor embryo means an embryo in respect of which consent has been given under
section 12 or 27;
donor gametes means donor sperm or a donor oocyte;
donor insemination means artificial insemination with donor sperm;
donor oocyte means an oocyte in respect of which consent has been given under
section 12, 27 or 34;
donor sperm means sperm in respect of which consent has been given under
section 12, 27 or 34;
donor treatment procedure means a treatment procedure where donor gametes or a
donor embryo is used;
* * * * *
exemption means an exemption under section 56;
fertilisation procedure means-
* * * * *
(b) the medical procedure of transferring to the body of a woman an embryo
formed outside the body of any woman; or
(c) the medical procedure of transferring-
(i) an oocyte, without also transferring sperm, to the body of a woman; or
(ii) sperm (other than by artificial insemination) to the body of a woman;
or
(iii) an oocyte and sperm to the body of a woman;
gamete means an oocyte or sperm; 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; human embryo clone means
a human embryo that is a genetic copy of another living or dead human,
but does not include a human embryo created by the fertilisation of a
human egg by human sperm; human sperm includes human spermatids;
husband, in relation to a woman who is living with a man in a de facto
relationship, means the man with whom she is living in that de facto
relationship; hybrid embryo means-
(a) an embryo created by the fertilisation of a human egg by animal sperm;
or
(b) an embryo created by the fertilisation of an animal egg by human
sperm; or
(c) a human egg into which the nucleus of an animal cell has been
introduced; or
(d) an animal egg into which the nucleus of a human cell has been
introduced; or
(e) a thing declared by the regulations to be a hybrid embryo; inspector
means a person appointed as an inspector under section 33(1) of the
Commonwealth Act;
licensed centre means a place in respect of which a licence under Part 8 is in
force;
licensee in relation to a licensed centre, means the person who is the holder
of the licence; NHMRC Licensing Committee means the Committee established by
section 13 of the Commonwealth Act;
oocyte means an ovum from a woman;
oocyte in the process of fertilisation means an oocyte at any stage of human
development from the commencement of penetration of the oocyte by human sperm
up to but not including the appearance of 2 pro-nuclei;
* * * * *
precursor cell means a cell that has the potential to develop into a human egg
or human sperm;
private hospital has the same meaning as in the Health Services Act 1988;
proprietor in relation to a private hospital or day procedure centre, has the
same meaning as in the Health Services Act 1988;
public hospital has the same meaning as in the Health Services Act 1988;
research includes-
(a) an experimental procedure or clinical trial;
* * * * *
Secretary means-
(a) in relation to any act to which section 6(3) of the Health Act 1958
applies, the body corporate established by section 6 of that Act; or
(b) in any other case, the Secretary to the Department of Human Services;
sperm means sperm from a man;
spouse-
(a) in relation to a man who is living with a woman in a de facto
relationship, means the woman with whom he is living in that de facto
relationship;
(b) in relation to a woman who is living with a man in a de facto
relationship, means the man with whom she is living in that de facto
relationship;
store means-
(a) to freeze an oocyte, embryo, or sperm; or
(b) to otherwise preserve an oocyte, embryo, or sperm by a prescribed
method;
surrogacy agreement means an agreement, arrangement or understanding, whether
formal or informal, under which-
(a) a woman agrees (whether or not for payment or reward) with another
person to become or try to become pregnant, with the intention-
(i) that a child born as a result of the pregnancy is to be treated as the
child, not of her, but of another person or persons (whether by
adoption, agreement or otherwise); or
(ii) of transferring custody or guardianship in a child born as a result of
the pregnancy to another person or persons; or
(iii) that the right to care for a child born as result of the pregnancy be
permanently surrendered to another person or persons;
(b) a pregnant woman agrees (whether or not for payment or reward) with
another person-
(i) that a child born as a result of the pregnancy is to be treated as a
child, not of her, but of another person or persons (whether by
adoption, agreement or otherwise); or
(ii) to transfer custody or guardianship in a child born as a result of the
pregnancy to another person or persons; or
(iii) that the right to care for a child born as a result of the pregnancy
be permanently surrendered to another person or persons;
* * * * *
the NHMRC means the National Health and Medical Research Council established
by the National Health and Medical Research Council Act 1992 of the
Commonwealth;
treatment procedure means-
(a) artificial insemination of a woman with sperm from a man who is not
the husband of the woman; or
(b) a fertilisation procedure; university has the meaning that it has in
the Education and Training Reform Act 2006;
wife, in relation to a man who is living with a woman in a de facto
relationship, means the woman with whom he is living in that de facto
relationship; woman means a female human.
* * * * *
(1A) For the purposes of establishing that a human embryo clone is a genetic
copy of a living or dead human-
(a) it is sufficient to establish that the set of genes in the nuclei of
the cells of the living or dead human has been copied; and
(b) it is not necessary to establish that the copy is an identical genetic
copy.
(1B) For the purposes of the definition of human embryo in subsection (1), in
working out the length of the period of development of a human embryo, any
period when the development of the embryo is suspended is to be disregarded.
(1C) For the purposes of the definition of human embryo clone in subsection
(1), a human embryo that results from the technological process known as
embryo splitting is taken not to be created by a process of fertilisation of a
human egg by human sperm.
(1D) In this Act, a reference to an embryo is a reference to a human embryo,
unless the contrary intention appears.
(1E) A reference in this Act to an embryo (including a human embryo) is a
reference to a living embryo.
(1F) A reference in this Act to a human egg is a reference to a human oocyte.
(1G) 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.
(2) If a man or woman living in a de facto relationship is also married, a
reference in this Act to a husband, wife or spouse of such a man or woman (as
the case requires) does not include a reference to the husband or wife to whom
the man or woman is married.
(3) If under the Public Administration Act 2004 the name of the Department of
Human Services is changed, a reference in the definition of Secretary in
subsection (1) to that Department must, from the date when the name is
changed, be treated as a reference to the Department by its new name.