Victorian Repealed Acts

This legislation has been repealed.

Infertility Treatment Act 1995 - SECT 56

Import or export of gametes and embryos

56. Import or export of gametes and embryos



(1) A person must not-



   (a)  bring a gamete or embryo into Victoria outside the human body; or



   (b)  take a gamete or embryo from Victoria outside the human body.

Penalty: 240 penalty units or 2 years imprisonment or both.

(2) Subsection (1) does not apply if the gamete or embryo is brought into or
taken from Victoria in accordance with the written approval of the Authority.

(3) The Authority's approval under subsection (2) may apply to a particular
case or class of cases and may be subject to conditions imposed by the
Authority.

(4) If a person has approval under subsection (2) to bring a gamete or embryo
into Victoria the Authority may exempt a person in relation to-

   (a)  the gamete or embryo; or





   (b)  the donor of the gamete or embryo-



from compliance with sections 14(3) and (4), 15(2) and (4), 16, 17, 18, 19,
36, 37(3), 52(1)(b) and (3) and 55, Division 1 of Part 7 and any other
prescribed provision of the Act or the regulations, if the Authority is
satisfied that-

   (c)  similar procedures have taken place outside Victoria; and

   (d)  there are special circumstances which warrant the exemption.

(5) If a person has approval under subsection (2) to take a gamete or embryo
from Victoria the Authority may exempt a person in relation to the gamete or
embryo from compliance with sections 52(2) and (3), 53, 89 and 90 and any
other prescribed provision of the Act or the regulations, if the Authority is
satisfied that-

   (a)  the gamete or embryo will be used in a manner which is consistent with
        this Act; and

   (b)  there are special circumstances which warrant the exemption.

(6) An exemption granted under this section must be made in writing, and may
relate to the whole or a part of a provision, and may be subject to
conditions.

(7) A person granted an approval or exemption under this section must comply
with any condition imposed by the Authority under this section.

Penalty: 240 penalty units or 2 years imprisonment or both.

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