Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


HUMAN REPRODUCTIVE TECHNOLOGY AMENDMENT BILL 2003

                      Western Australia


Human Reproductive Technology Amendment
               Bill 2003

                         CONTENTS

1.    Short title                          1
2.    Commencement                         2
3.    The Act amended                      2
4.    Preamble amended                     2
5.    Section 3 amended                    3
6.    Section 3A inserted                  8
7.    Section 4 amended                    9
8.    Section 5A inserted                  9
9.    Section 6 amended                   10
10.   Section 7 amended                   11
11.   Section 14 amended                  12
12.   Section 17 amended                  14
13.   Section 18 amended                  15
14.   Section 20 amended                  16
15.   Section 21 amended                  16
16.   Section 22 amended                  18
17.   Section 23 amended                  21
18.   Section 24 amended                  21
19.   Section 25 amended                  23
20.   Section 26 amended                  24
21.   Section 27 amended                  26
22.   Section 28 amended                  27
23.   Section 28A inserted                27
24.   Section 29 amended                  28
25.   Section 30 amended                  28
26.   Section 32 amended                  29
27.   Section 33 amended                  29
28.   Section 40 amended                  31


                                          page i
                             212--3
Human Reproductive Technology Amendment Bill 2003



Contents



   29.     Section 41 amended                       31
   30.     Section 44 amended                       31
   31.     Section 45 amended                       33
   32.     Section 48 amended                       33
   33.     Section 49 amended                       34
   34.     Section 51 amended                       36
   35.     Section 53 amended                       37
   36.     Part 4B inserted                         37
   37.     Section 54 amended                       62
   38.     Section 56 amended                       63
   39.     Section 57 amended                       63
   40.     Section 59 amended                       64




page ii
                           Western Australia


                      LEGISLATIVE ASSEMBLY


                      (As amended in Committee)



 Human Reproductive Technology Amendment
                Bill 2003


                               A Bill for


An Act to amend the Human Reproductive Technology Act 1991.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Human Reproductive Technology
        Amendment Act 2003.




                                                             page 1
     Human Reproductive Technology Amendment Bill 2003



     s. 2




     2.         Commencement
                This Act comes into operation on a day fixed by proclamation.

     3.         The Act amended
                The amendments in this Act are to the Human Reproductive
5               Technology Act 1991*.
                    [*Act No. 22 of 1991.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2002, Table 1, p. 177.]

     4.         Preamble amended
10        (1)   Paragraph B of the Preamble is amended as follows:
                 (a) by deleting "egg in the process of fertilisation or" in the
                       first place where it occurs;
                 (b) by inserting before "disease" --
                       " a ";
15               (c) by deleting "by giving an egg in the process of
                       fertilisation or an embryo all reasonable opportunities
                       for implanting".
          (2)   Paragraph C of the Preamble is amended as follows:
                  (a) by deleting "non harmful research and diagnostic
20                     procedures upon an egg in the process of fertilisation or
                       an embryo" and inserting instead --
                "
                          research procedures and other uses upon a human
                          embryo
25                                                                                      ";
                    (b)    by deleting "egg in the process of fertilisation or an" in
                           the second place where it occurs.
          (3)   Paragraph D of the Preamble is deleted.



     page 2
                           Human Reproductive Technology Amendment Bill 2003



                                                                                  s. 5



     5.         Section 3 amended
          (1)   Section 3(1) is amended in the definition of "authorised officer"
                as follows:
                  (a) after paragraph (b) by deleting "and";
5                 (b) after paragraph (c) by inserting --
                       "
                                 and
                           (d)   in relation to the powers referred to in
                                 section 54, a person on whom the powers are
10                               conferred by the Commissioner of Health
                                 under section 53ZQ(4);
                                                                                   ".
          (2)   Section 3(1) is amended in the definition of "biological parent"
                as follows:
15                (a) in paragraph (a) by deleting "an egg or sperm" and
                        inserting instead --
                        " a human egg or human sperm ";
                  (b) in paragraph (b) by deleting "an embryo" and inserting
                        instead --
20                      " a human embryo ".
          (3)   Section 3(1) is amended in the definition of "fertilisation" by
                deleting "with the appearance of a two-cell zygote;" and
                inserting instead --
                "   when an embryo is formed;     ".
25        (4)   Section 3(1) is amended in the definition of "in vitro
                fertilisation procedure" as follows:
                  (a) in paragraph (a) by deleting "an egg" in the first place
                         where it occurs and inserting instead --
                         " a human egg ";




                                                                            page 3
     Human Reproductive Technology Amendment Bill 2003



     s. 5



               (b)    in paragraph (a)(ii) by deleting "an egg in the process of
                      fertilisation or an embryo" and inserting instead --
                                "
                                        a human egg undergoing fertilisation or
5                                       a human embryo
                                                                                  ";
                (c)   in paragraph (a)(iii) by deleting "egg in the process of
                      fertilisation or embryo" and inserting instead --
                                "
10                                      human egg undergoing fertilisation or
                                        human embryo
                                                                                  ";
               (d)    by deleting paragraph (b)(i) and inserting instead the
                      following subparagraph --
15                         "
                                (i)     a human egg;
                                                                               ";
                (e)   in paragraph (b)(ii) by deleting "an egg in the process of
                      fertilisation or an embryo, whether produced by that
20                    woman or by another woman and" and inserting
                      instead --
                                "
                                        a human egg undergoing fertilisation or
                                        a human embryo,
25                                                                                ".
        (5)   Section 3(1) is amended in the definition of "Institutional Ethics
              Committee" by deleting paragraph (b) and inserting instead --
                      "
                          (b)       functions, and a composition, complying
30                                  with requirements of the NHMRC relating to
                                    ethical oversight of research involving
                                    humans;
                                                                                  ".


     page 4
                       Human Reproductive Technology Amendment Bill 2003



                                                                               s. 5



     (6)   Section 3(1) is amended in the definition of "licensee" as
           follows:
             (a) by deleting "this Act" and inserting instead --
                  " Part 4 ";
5            (b) by inserting before paragraph (a) the following
                  paragraph --
                   "
                       (aa)       a person who holds an exemption under
                                  section 28A;
10                                                                              ";
             (c)   in paragraph (b) by deleting "person responsible," and
                   inserting instead --
                   " licence supervisor, ".
     (7)   Section 3(1) is amended in paragraph (a)(ii) of the definition of
15         "participant" by deleting "gametes, of an egg in the process of
           fertilisation, or of an embryo" and inserting instead --
                              "
                                      human gametes, of a human egg
                                      undergoing fertilisation or of a human
20                                    embryo
                                                                                ".
     (8)   Section 3(1) is amended in paragraph (b) of the definition of
           "reproductive technology" as follows:
             (a) by deleting "gametes" and inserting instead --
25                " human gametes ";
             (b) by deleting "eggs in the process of fertilisation or
                  embryos;" and inserting instead --
                        "
                                  human eggs undergoing fertilisation or
30                                human embryos;
                                                                                ".



                                                                           page 5
     Human Reproductive Technology Amendment Bill 2003



     s. 5



        (9)   Section 3(1) is amended by deleting the definitions of
              "chimaera", "cloning", "embryo", "embryo flushing",
              "exemption", "parthenogenesis" and "person responsible".
       (10)   Section 3(1) is amended by deleting the full stop at the end of
5             the definition of "treatment" and inserting instead a semicolon.
       (11)   Section 3(1) is amended by inserting in the appropriate
              alphabetical positions the following definitions --
              "
                    "Commonwealth Human Embryo Act" means the
10                       Research Involving Human Embryos Act 2002 of
                         the Commonwealth;
                    "excess ART embryo" has the meaning given to that
                         term in section 53T;
                    "exemption" means --
15                       (a) an exemption that is applied for and is not
                                refused, or is specifically issued, under
                                section 28; or
                         (b) an exemption under section 28A;
                    "human egg" means a live human egg;
20                  "human embryo" has the meaning given to that term
                         in section 3A;
                    "human gamete" means a human egg or a human
                         sperm;
                    "human sperm" means live human sperm or
25                       spermatids;
                    "licence supervisor", in relation to a licence or
                         exemption, means the individual under whose
                         supervision the storage or practice authorised is, or
                         is to be, carried on;
30                  "NHMRC" means the National Health and Medical
                         Research Council established by the National
                         Health and Medical Research Council Act 1992 of
                         the Commonwealth;

     page 6
                         Human Reproductive Technology Amendment Bill 2003



                                                                              s. 5



                   "NHMRC licence" means a licence granted under --
                      (a) section 53ZB; or
                      (b) section 21 of the Commonwealth Human
                            Embryo Act;
5                  "summary conviction penalty", in relation to a crime,
                      has the same meaning as that term has in section 5
                      of The Criminal Code;
                   "woman" means any female human.
                                                                                ".
10   (12)   Section 3(2) is amended as follows:
              (a) by inserting after "This Act" --
                    " , other than Part 4B ";
              (b) by deleting "an egg in the process of fertilisation or an
                    embryo" and inserting instead --
15          "
                  a human egg undergoing fertilisation or a human
                  embryo
                                                                                ";
             (c)       by deleting paragraph (b) and inserting instead --
20                 "
                       (b)   only if the egg or the embryo has been or is
                             developed in consequence of an in vitro
                             fertilisation procedure.
                                                                                ".
25   (13)   Section 3(3) is amended as follows:
              (a) by deleting paragraph (a);
             (b) in paragraph (b) --
                      (i) by deleting "an egg," and inserting instead --
                            " a human egg, "; and
30                   (ii) by deleting "an egg in the process of
                            fertilisation;" and inserting instead --
                            " a human egg undergoing fertilisation; ";

                                                                            page 7
     Human Reproductive Technology Amendment Bill 2003



     s. 6



                     (c)    in paragraph (d) by deleting "sperm" and inserting
                            instead --
                            " human sperm ".
          (14)   Section 3(4) is amended as follows:
5                  (a) by deleting "gametes, an egg in the process of
                        fertilisation or any embryo," and inserting instead --
                 "
                           human gametes, a human egg undergoing fertilisation
                           or a human embryo
10                                                                                ";
                     (b)    in paragraph (b) by deleting "gametes which are, or egg,
                            egg in the process of fertilisation or embryo" and
                            inserting instead --
                            "
15                                human gametes which are or a human egg or
                                  embryo
                                                                                  ".
          (15)   Section 3(5) is amended by deleting "person responsible" in
                 each place where it occurs and inserting instead --
20               "     licence supervisor   ".

     6.          Section 3A inserted
                 After section 3 the following section is inserted --
     "
             3A.           Meaning of "human embryo"
25               (1)       In this Act --
                           "human embryo" means a live embryo that has a
                                human genome or an altered human genome and
                                that has been developing for less than 8 weeks
                                since the appearance of 2 pro-nuclei or the
30                              initiation of its development by other means.


     page 8
                              Human Reproductive Technology Amendment Bill 2003



                                                                                    s. 7



                    (2)   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
5                         be disregarded.
                                                                                      ".

     7.             Section 4 amended
          (1)       Section 4 is amended as follows:
                      (a) by inserting before "The" the subsection designation
10                         "(1)";
                     (b) by deleting "The" and inserting instead --
                           " Generally, the ".
          (2)       At the end of section 4 the following subsection is inserted --
                "
15                  (2)   The particular objects of Part 4B are set out in
                          section 53S.
                                                                                      ".

     8.             Section 5A inserted
                    After section 5 the following section is inserted into Part 1
20                  Division 2 --
     "
            5A.           Application
                          This Division does not apply in relation to an excess
                          ART embryo except in relation to a use of such an
25                        embryo that is an exempt use as defined in
                          section 53W(2).
                                                                                      ".




                                                                                  page 9
     Human Reproductive Technology Amendment Bill 2003



     s. 9



     9.             Section 6 amended
          (1)       Section 6(1) is amended as follows:
                      (a) in paragraph (a)(i) by deleting "an egg" and inserting
                           instead --
5                          " a human egg ";
                     (b) in paragraph (a)(ii) by deleting "an egg in the process
                           of " and inserting instead --
                           " a human egg undergoing ";
                      (c) in paragraph (a)(iii) by deleting "an embryo;" and
10                         inserting instead --
                           " a human embryo; ";
                     (d) in paragraph (b) by deleting "sperm," and inserting
                           instead --
                           " human sperm, ";
15                    (e) by deleting "or" after paragraph (b);
                      (f) by deleting the comma at the end of paragraph (c) and
                           inserting instead --
                          "
                                    ; or
20                            (d)   any other use, outside the body of a woman, of
                                    a human embryo, if the use is not for a purpose
                                    relating to the reproductive technology
                                    treatment of the woman,
                                                                                      ".
25        (2)       Section 6(2) and (3) are repealed and the following subsection is
                    inserted instead --
                "
                    (2)   A person who contravenes subsection (1) commits a
                          crime and is liable to imprisonment for 5 years.
30                        Summary conviction penalty: Imprisonment for
                              one year.
                                                                                      ".

     page 10
                                  Human Reproductive Technology Amendment Bill 2003



                                                                                    s. 10



     10.             Section 7 amended
           (1)       Section 7(1) is amended as follows:
                       (a) by deleting "who causes or permits --" and inserting
                            instead --
5                           " must not cause or permit -- ";
                      (b) in paragraph (a) by deleting "an egg in the process of
                            fertilisation, or any embryo," and inserting instead --
                              "
                                     a human egg undergoing fertilisation, or any
10                                   embryo,
                                                                                       ";
                      (c)     after paragraph (a) by inserting "or";
                      (d)     in paragraph (b) by deleting "an egg in the process of
                              fertilisation, or any embryo," and inserting instead --
15                            "
                                     a human egg undergoing fertilisation, or any
                                     embryo,
                                                                                       ";
                      (e)     by deleting the semicolon at the end of paragraph (b)
20                            and inserting instead a full stop;
                       (f)    by deleting paragraphs (c) to (j);
                      (g)     by deleting "commits an offence.".
           (2)       Section 7(2), (3) and (4) are repealed and the following
                     subsection is inserted instead --
25               "
                     (2)     A person who contravenes subsection (1) commits a
                             crime and is liable to imprisonment for 5 years.
                             Summary conviction penalty: Imprisonment for
                                 one year.
30                                                                                     ".




                                                                                page 11
     Human Reproductive Technology Amendment Bill 2003



     s. 11



           (3)       Section 7(5) is amended as follows:
                       (a) in paragraph (a) by deleting "any gametes, or any egg in
                            the process of fertilisation or embryo" and inserting
                            instead --
5                            "
                                   human gametes, a human egg undergoing
                                   fertilisation or a human embryo
                                                                                     ";
                      (b)    by deleting "$10 000 or".

10   11.             Section 14 amended
           (1)       Section 14(1) is amended as follows:
                       (a) in paragraph (c) by deleting "person responsible" and
                            inserting instead --
                            " licence supervisor ";
15                    (b) in paragraph (e)(i) by deleting "egg" and inserting
                            instead --
                            " human egg ";
                       (c) in paragraph (e)(ii) by deleting "gametes" and inserting
                            instead --
20                          " human gametes ";
                      (d) in paragraph (e)(iii) by deleting "egg in the process of "
                            and inserting instead --
                            " human egg undergoing ";
                       (e) in paragraph (e)(iv) by deleting "embryo" and inserting
25                          instead --
                            " human embryo ".
           (2)       Section 14(2) is repealed and the following subsections are
                     inserted instead --
                 "
30                   (2)    Subsection (1)(e)(iv) does not apply in relation to an
                            excess ART embryo except in relation to the use of

     page 12
                Human Reproductive Technology Amendment Bill 2003



                                                                    s. 11



            such an embryo that is an exempt use as defined in
            section 53W(2).
     (2a)   The Council must not grant approval to any research
            being conducted upon or with a human embryo
5           unless --
              (a) the embryo is intended for use in the
                   reproductive technology treatment of a woman
                   and the Council is satisfied, on the basis of
                   existing scientific and medical knowledge, that
10                 the research is unlikely to leave the embryo
                   unfit to be implanted in the body of a woman;
                   or
              (b) the research consists of a use referred to in
                   section 53W(2)(b) or (f).
15   (2b)   The Council must not grant approval to any diagnostic
            procedure to be carried out upon or with a human
            embryo unless --
              (a) the embryo is intended for use in the
                   reproductive technology treatment of a woman
20                 and the Council is satisfied, on the basis of
                   existing scientific and medical knowledge,
                   that --
                      (i) the diagnostic procedure is unlikely to
                           leave the embryo unfit to be implanted
25                         in the body of a woman; and
                     (ii) where the diagnostic procedure is for
                           the genetic testing of the embryo, there
                           is a significant risk of a serious genetic
                           abnormality or disease being present in
30                         the embryo;
                   or
              (b) the diagnostic procedure consists of a use
                   referred to in section 53W(2)(d) or (f).
                                                                        ".

                                                                 page 13
     Human Reproductive Technology Amendment Bill 2003



     s. 12



           (3)   Section 14(3)(b) is amended as follows:
                   (a) in subparagraph (i) by deleting "National Health and
                        Medical Research Council," and inserting instead --
                        " NHMRC, ";
5                 (b) in subparagraph (ii) by deleting "the Reproductive
                        Technology Accreditation Committee for the Fertility
                        Society of Australia" and inserting instead --
                        " a body referred to in section 29(5)(a)(i) or (ii) ";
                   (c) in subparagraph (iii) by deleting "principal" and
10                      inserting instead --
                        " principle ".

     12.         Section 17 amended
                 Section 17 is amended as follows:
                   (a) by inserting after "prohibit" --
15               "
                           the mixing in the same artificial fertilisation procedure
                           of multiple sources of
                                                                                       ";
                     (b)    by deleting paragraphs (a) and (b) and "or" between
20                          those paragraphs and inserting instead --
                 "
                            (a)    human gametes;
                            (b)    human eggs undergoing fertilisation; or
                            (c)    human embryos,
25                         in such a manner as may create confusion as to the
                           biological parentage of any child born as a result of the
                           procedure.
                                                                                       ".




     page 14
                            Human Reproductive Technology Amendment Bill 2003



                                                                             s. 13



     13.         Section 18 amended
           (1)   Section 18(1) is amended as follows:
                  (a)   in paragraph (c) by inserting before "gametes" --
                        " human ";
5                 (b)   in paragraph (c) by deleting ", including their genetic
                        modification";
                  (c)   in paragraph (d) by deleting "an embryo" and inserting
                        instead --
                        " a human embryo ";
10                (d)   in paragraph (d) by deleting "any gametes, egg in the
                        process of fertilisation or embryo" and inserting
                        instead --
                        "
                               human gametes, a human egg undergoing
15                             fertilisation or a human embryo
                                                                                  ";
                  (e)   in paragraph (f) by deleting "gametes, eggs in the
                        process of fertilisation or embryos" and inserting
                        instead --
20                      "
                               human gametes, human eggs undergoing
                               fertilisation or human embryos
                                                                                  ".
           (2)   Section 18(2)(a)(ii) is amended by deleting "any gametes, egg
25               in the process of fertilisation or embryo;" and inserting
                 instead --
                                "
                                     human gametes, a human egg
                                     undergoing fertilisation or a human
30                                   embryo;
                                                                                  ".




                                                                           page 15
     Human Reproductive Technology Amendment Bill 2003



     s. 14



     14.              Section 20 amended
           (1)        Section 20(2)(a) is amended as follows:
                        (a) in subparagraph (i) by deleting "gametes" and inserting
                             instead --
5                            " human gametes ";
                       (b) in subparagraph (ii) by deleting "an egg in the process of
                             fertilisation, or any embryo" and inserting instead --
                                      "
                                            a human egg undergoing fertilisation or
10                                          a human embryo
                                                                                        ".
           (2)        After section 20(2) the following subsection is inserted --
                 "
                     (2a)    Subsection (2)(a)(ii) does not apply in relation to an
15                           excess ART embryo except in relation to a use of such
                             an embryo that is an exempt use as defined in
                             section 53W(2).
                                                                                        ".
     15.              Section 21 amended
20                    Section 21 is amended as follows:
                        (a) in paragraph (c) by deleting "gametes, eggs in the process
                             of fertilisation or embryos" and inserting instead --
                              "
                                    human gametes, human eggs undergoing
25                                  fertilisation or human embryos
                                                                                        ";
                       (b)    in paragraph (d) by deleting "gametes, eggs in the process
                              of fertilisation or embryos," and inserting instead --
                              "
30                                  human gametes, human eggs undergoing
                                    fertilisation or human embryos,
                                                                                        ";

     page 16
               Human Reproductive Technology Amendment Bill 2003



                                                                 s. 15



     (c)   in paragraph (f) by deleting "gametes, eggs in the
           process of fertilisation or embryos;" and inserting
           instead --
           "
5                 human gametes, human eggs undergoing
                  fertilisation or human embryos;
                                                                   ";
     (d)   in paragraph (g) by deleting "gametes, eggs in the
           process of fertilisation or embryos;" and inserting
10         instead --
           "
                  human gametes, human eggs undergoing
                  fertilisation or human embryos;
                                                                   ";
15   (e)   in paragraph (h) by deleting "gametes, eggs in the
           process of fertilisation or embryos" and inserting
           instead --
           "
                  human gametes, human eggs undergoing
20                fertilisation or human embryos
                                                                   ";
     (f)   in paragraph (i) by deleting "gametes, egg in the process
           of fertilisation or embryo" and inserting instead --
           "
25                human gametes, human eggs undergoing
                  fertilisation or human embryos
                                                                   ";
     (g)   in paragraph (j) by deleting "egg in the process of
           fertilisation or embryo" and inserting instead --
30         "
                  human egg undergoing fertilisation or human
                  embryo
                                                                   ";


                                                             page 17
     Human Reproductive Technology Amendment Bill 2003



     s. 16



                     (h)    in paragraph (k) by deleting "egg in the process of
                            fertilisation or an embryo" and inserting instead --
                            "
                                  human egg undergoing fertilisation or human
5                                 embryo
                                                                                      ".

     16.         Section 22 amended
           (1)   Section 22(1) is amended as follows:
                   (a) by deleting "Where by or under this Act consent is
10                      required to be given in relation to the use or keeping of
                        any gametes, egg in the process of fertilisation or
                        embryo --" and inserting instead --
                 "
                           For the purposes of the licence condition referred to in
15                         section 33(2)(e) --
                                                                                      ";
                     (b)    in paragraph (c) by deleting "egg in the process of
                            fertilisation or embryo" and inserting instead --
                            "
20                                human egg undergoing fertilisation or human
                                  embryo
                                                                                      ";
                     (c)    in paragraph (d) by deleting "in the process of
                            fertilisation or an embryo" and inserting instead --
25                          " undergoing fertilisation or a human embryo ";
                     (d)    in paragraph (e) by deleting "an egg in the process of
                            fertilisation or an embryo" and inserting instead --
                            "
                                  a human egg undergoing fertilisation or a
30                                human embryo
                                                                                      ";



     page 18
                          Human Reproductive Technology Amendment Bill 2003



                                                                               s. 16



               (e)    after paragraph (e)(i) by inserting the following
                      subparagraphs --
                           "
                               (ia)   in the case of a use outside the body of a
5                                     woman, there is an effective consent to
                                      the use for that purpose by the woman on
                                      whose behalf it is being developed and
                                      her spouse or defacto partner, if any;
                               (ib)   in the case of implantation in the body of
10                                    a woman, there is an effective consent to
                                      the implantation by the woman and her
                                      spouse or defacto partner, if any;
                                                                                   ".
     (2)   Section 22(2) is amended as follows:
15           (a) by deleting "gametes" in each place where it occurs and
                  inserting instead --
                  " human gametes ";
            (b) by deleting "whether eggs" and inserting instead --
                  " whether human eggs ";
20           (c) by deleting "sperm" in the first and third places where it
                  occurs and inserting instead --
                  " human sperm ";
            (d) by deleting "egg in the process of fertilisation or
                  embryo" and inserting instead --
25         "
                     human egg undergoing fertilisation or human embryo
                                                                                   ";
               (e)    in paragraph (b) by deleting "an egg in the process of
                      fertilisation, or an embryo," and inserting instead --
30                    "
                               a human egg undergoing fertilisation or a
                               human embryo,
                                                                                   ";

                                                                            page 19
     Human Reproductive Technology Amendment Bill 2003



     s. 16



                      (f)    in paragraph (b) by deleting "any egg" and inserting
                             instead --
                             " any human egg ";
                      (g)    by deleting "where an egg in the process of fertilisation,
5                            or an embryo," and inserting instead --
                  "
                            where a human egg in the process of fertilisation, or a
                            human embryo,
                                                                                      ";
10                    (h)    by deleting "particular egg in the process of " and
                             inserting instead --
                             " particular egg undergoing ".
        (3)       Section 22(3) is amended by deleting "gametes, egg in the
                  process of fertilisation or embryo" and inserting instead --
15                "
                            human gametes, human eggs undergoing fertilisation or
                            human embryos
                                                                                      ".
        (4)       Section 22(4) is amended by deleting "gametes, egg in the
20                process of fertilisation or embryo" and inserting instead --
                  "
                            human gametes, a human egg undergoing fertilisation
                            or a human embryo
                                                                                      ".
25      (5)       Section 22(5) is repealed and the following subsection is
                  inserted instead --
              "
                  (5)       A consent to the use of a human egg undergoing
                            fertilisation or a human embryo must specify the
30                          purposes for which the egg or embryo may be used and
                            may specify conditions subject to which the egg or
                            embryo shall or shall not be used.
                                                                                      ".

     page 20
                              Human Reproductive Technology Amendment Bill 2003



                                                                                 s. 17



           (6)   Section 22(6) is amended by deleting "gametes, egg in the
                 process of fertilisation or embryo" and inserting instead --
                 "
                           human gametes, a human egg undergoing fertilisation
5                          or a human embryo
                                                                                     ".
           (7)   Section 22(8) is amended by deleting "gametes, egg in the
                 process of fertilisation or embryo" and inserting instead --
                 "
10                         human gametes, a human egg undergoing fertilisation
                           or a human embryo
                                                                                     ".
     17.         Section 23 amended
                 Section 23(a)(ii) is amended by inserting before "disease" --
15               "    a ".
     18.         Section 24 amended
           (1)   Section 24(1) is amended as follows:
                   (a) by deleting "any eggs, sperm, egg in the process of
                         fertilisation or embryo --" and inserting instead --
20               "
                       any human gametes, human egg undergoing
                       fertilisation or human embryo --
                                                                                     ";
                     (b)    in paragraph (a) by deleting "an egg in the process of
25                          fertilisation or any embryo" and inserting instead --
                            " a human embryo ";
                     (c)    in paragraph (a) by deleting "egg or embryo" and
                            inserting instead --
                            "
30                                 embryo or its probable future use under an
                                   NHMRC licence
                                                                                     ";

                                                                              page 21
     Human Reproductive Technology Amendment Bill 2003



     s. 18



                   (d)    in paragraph (b) by deleting subparagraphs (i), (ii) and
                          (iii) and the "or" between subparagraphs (ii) and (iii)
                          and inserting instead --
                               "
5                                    (i)   human gametes;
                                    (ii)   a human egg undergoing fertilisation; or
                                   (iii)   a human embryo,
                                                                                      ";
                   (e)    by deleting "no egg in the process of fertilisation or
10                        embryo" and inserting instead --
                          "
                                   no human egg undergoing fertilisation or
                                   human embryo
                                                                                  ";
15                 (f)    by deleting "the permitted storage period" and inserting
                          instead --
                          " 10 years ".
        (2)    Section 24(1a) is amended as follows:
                 (a) by inserting after "may" --
20                    " , on an application by an eligible person, ";
                (b) by deleting "an egg in the process of fertilisation or an
                      embryo" and inserting instead --
               "
                         a human egg undergoing fertilisation or a human
25                       embryo
                                                                                      ".
        (3)    Section 24(1c) is amended by deleting "the permitted storage
               period" and inserting instead --
               "    10 years       ".




     page 22
                               Human Reproductive Technology Amendment Bill 2003



                                                                                     s. 19



           (4)       Section 24(2), (3) and (4) are repealed and the following
                     subsections are inserted instead --
                 "
                     (2)   In subsection (1a) --
5                          "eligible person", in relation to a human egg undergoing
                                fertilisation or a human embryo, means --
                                (a) a person who is or is to be a participant in an
                                        artificial fertilisation procedure in which the
                                        egg or embryo is to be used;
10                              (b) a person for whom the egg or embryo was
                                        developed; or
                                (c) in the case of an excess ART embryo, except
                                        in relation to the use of such an embryo
                                        referred to in section 10(2)(e) of the
15                                      Commonwealth Human Embryo Act, the
                                        licensee.
                     (3)   Three months before the end of a period of storage
                           permitted under this section the licensee must take
                           reasonable steps to notify each person for whom the
20                         human egg undergoing fertilisation or human embryo
                           is being stored.
                     (4)   If a period of storage permitted under this section comes
                           to an end and no application has been made for the
                           extension of the storage period, the licensee may, if the
25                         licensee has complied with subsection (3), allow the
                           human egg undergoing fertilisation or the human embryo
                           to succumb and will not be liable to anyone for so doing.
                                                                                          ".
     19.             Section 25 amended
30                   Section 25 is amended as follows:
                       (a) by deleting "gametes --" and inserting instead --
                            " human gametes -- ";


                                                                                  page 23
     Human Reproductive Technology Amendment Bill 2003



     s. 20



                       (b)     in paragraph (a) by deleting "eggs and sperm," and
                               inserting instead --
                               " human eggs and human sperm, ";
                        (c)    in paragraph (b) by deleting "where gametes" and
5                              inserting instead --
                               " where human gametes ";
                       (d)     in paragraph (b)(i) by deleting "an egg in the process of
                               fertilisation or an embryo" and inserting instead --
                                       "
10                                           a human egg undergoing fertilisation or
                                             a human embryo
                                                                                       ";
                        (e)    in paragraph (c) by deleting "gametes" and inserting
                               instead --
15                             " human gametes ".
     20.              Section 26 amended
           (1)        Before section 26(1) the following subsection is inserted into
                      section 26 --
                 "
20                   (1a)     This section does not apply in relation to an excess
                              ART embryo except in relation to the use of such an
                              embryo that is an exempt use as defined in
                              section 53W(2).
                                                                                       ".
25         (2)        Section 26(1) is amended as follows:
                        (a)    by deleting "In" and inserting instead --
                               " Subject to section 24(4), in ";




     page 24
                    Human Reproductive Technology Amendment Bill 2003



                                                                        s. 20



         (b)    by deleting "egg in the process of fertilisation or
                embryo" and inserting instead --
     "
               human egg undergoing fertilisation or human embryo
5                                                                          ";
         (c)    in paragraph (a) by deleting "for implantation";
         (d)    in paragraph (a) by deleting "an egg in the process of
                fertilisation or embryo" and inserting instead --
                "
10                     a human egg undergoing fertilisation or a
                       human embryo
                                                                           ";
         (e)    in paragraph (c) by deleting "gametes an egg in the
                process of fertilisation or embryo" and inserting
15              instead --
                "
                       human gametes, a human egg undergoing
                       fertilisation or a human embryo
                                                                           ";
20       (f)    in paragraph (c) by deleting "gamete" and inserting
                instead --
                " human gamete ";
         (g)    in paragraph (c) by deleting "gametes" and inserting
                instead --
25              " human gametes ";
         (h)    in paragraph (d) by deleting "an egg in the process of "
                and inserting instead --
                " a human egg undergoing ";
         (i)    in paragraph (d) by deleting "an embryo" and inserting
30              instead --
                " a human embryo ";



                                                                      page 25
     Human Reproductive Technology Amendment Bill 2003



     s. 21



                     (j)    in paragraph (d) by inserting after "that purpose," --
                            " the egg may be used ";
                     (k)    in paragraph (d) by deleting "it may be donated for the
                            purpose of providing treatment for a specific recipient";
5                    (l)    in paragraph (e) by deleting "an egg in the process of
                            fertilisation or in an embryo" and inserting instead --
                            "
                                    a human egg undergoing fertilisation or a
                                    human embryo
10                                                                                    ".
           (3)   Section 26(2) is amended by deleting "an egg in the process of
                 fertilisation or an embryo" and inserting instead --
                 "
                           a human egg undergoing fertilisation or a human
15                         embryo
                                                                                      ".

     21.         Section 27 amended
           (1)   Section 27(1)(d) is amended by inserting after "section 28" --
                 " or 28A ".
20         (2)   Section 27(2) is amended as follows:
                   (a) in paragraph (a)(i) by deleting "egg" and inserting
                        instead --
                        " human egg ";
                  (b) in paragraph (a) by deleting subparagraphs (ii) and (iii) and
25                      the "or" between those paragraphs and inserting instead --
                                "
                                     (ii)   any human embryo; or
                                    (iii)   any human egg undergoing fertilisation;
                                                                                      ";



     page 26
                                Human Reproductive Technology Amendment Bill 2003



                                                                                   s. 22



                     (c)      in paragraph (b) by deleting "sperm" and inserting
                              instead --
                              " human sperm ".
           (3)   Section 27(4)(a)(v) is amended by deleting "person responsible"
5                and inserting instead --
                 "     licence supervisor     ".

     22.         Section 28 amended
           (1)   Section 28(1) is amended by deleting "Act" and inserting
                 instead --
10               "     Part     ".
           (2)   Section 28(2) is amended as follows:
                   (a) in paragraph (a) by deleting "Act" and inserting
                        instead --
                        " Part ";
15                (b) in paragraph (b) by deleting "person responsible" and
                        inserting instead --
                        " licence supervisor ".
           (3)   Section 28(3) is amended by deleting "Act" and inserting
                 instead --
20               "     Part     ".
     23.         Section 28A inserted
                 After section 28 the following section is inserted --
     "
             28A.          Exemptions relating to storage of certain embryos
25               (1)       The Commissioner of Health may, on an application by
                           a person who holds an NHMRC licence grant an
                           exemption from the requirement to hold a licence
                           under this Part to store excess ART embryos to which
                           the NHMRC licence applies.

                                                                               page 27
     Human Reproductive Technology Amendment Bill 2003



     s. 24



                 (2)     A person who holds an exemption under subsection (1)
                         is not required to hold a licence under this Part to store
                         the excess ART embryos.
                 (3)     A person who holds an exemption under subsection (1)
5                        is subject to the disciplinary procedures in relation to
                         that exemption as if the exemption were a licence
                         under this Part and the person were the licence
                         supervisor in relation to that licence.
                                                                                        ".
10   24.         Section 29 amended
           (1)   After section 29(5)(a) the following paragraph is inserted --
                        "
                            (aa)   that the applicant is accredited to carry out
                                   reproductive technology by --
15                                    (i) the Reproductive Technology
                                           Accreditation Committee of the Fertility
                                           Society of Australia; or
                                     (ii) if the regulations prescribe another body
                                           or other bodies in addition to, or instead
20                                         of, the body mentioned in paragraph (a),
                                           that other body or any of those other
                                           bodies, as the case requires;
                                                                                        ".
           (2)   Section 29(6)(b)(i) is amended by deleting "person responsible"
25               and inserting instead --
                 "     licence supervisor     ".

     25.         Section 30 amended
                 Section 30(4) is amended as follows:
                   (a) by deleting "person responsible" and inserting
30                      instead --
                        " licence supervisor ";


     page 28
                               Human Reproductive Technology Amendment Bill 2003



                                                                               s. 26



                     (b)   in paragraph (a) by deleting "gametes, egg in the process
                           of fertilisation, embryo" and inserting instead --
                           "
                                  human gametes, a human egg undergoing
5                                 fertilisation or a human embryo
                                                                                  ".
     26.         Section 32 amended
                 Section 32(3) is amended by deleting "person responsible" and
                 inserting instead --
10               "    licence supervisor   ".
     27.         Section 33 amended
           (1)   Section 33(2) is amended as follows:
                   (a) by deleting "Act" in the first place where it occurs and
                         inserting instead --
15                       " Part ";
                  (b) in paragraph (a)(i) by deleting "person responsible" and
                         inserting instead --
                         " licence supervisor ";
                   (c) in paragraph (b) by deleting "gametes, eggs in the
20                       process of fertilisation or embryos," and inserting
                         instead --
                         "
                               human gametes, a human egg undergoing
                               fertilisation or a human embryo,
25                                                                              ";
                  (d) by deleting paragraph (e) and inserting instead --
                      "
                         (e) that section 22(1) is complied with;
                        (ea) that the licensee maintains the accreditation
30                             required by section 29(5)(a);
                                                                                ";


                                                                            page 29
     Human Reproductive Technology Amendment Bill 2003



     s. 27



                (e)   in paragraph (g) by deleting "gametes, egg in the
                      process of fertilisation or embryo" and inserting
                      instead --
                      "
5                           human gametes, a human egg undergoing
                            fertilisation or a human embryo
                                                                                  ".
        (2)    Section 33(3) is amended as follows:
                 (a) in paragraph (a) by deleting "gametes of a person or an
10                    egg in the process of fertilisation or an embryo" and
                      inserting instead --
                      "
                            human gametes, a human egg undergoing
                            fertilisation or a human embryo
15                                                                                ";
                (b)   in paragraph (b) by deleting "an egg in the process of
                      fertilisation or an embryo" and inserting instead --
                      "
                            a human egg undergoing fertilisation or a
20                          human embryo
                                                                                ";
                (c)   in paragraph (c) by deleting "gametes, eggs in the process
                      of fertilisation or embryos" and inserting instead --
                      "
25                          human gametes, human eggs undergoing
                            fertilisation or human embryos
                                                                                  ";
                (d)   in paragraph (d) by deleting "gametes, egg in the process
                      of fertilisation or embryo" and inserting instead --
30                    "
                            human gametes, human egg undergoing
                            fertilisation or human embryo
                                                                                  ".


     page 30
                                Human Reproductive Technology Amendment Bill 2003



                                                                                 s. 28



     28.         Section 40 amended
                 Section 40(1)(f) is amended by deleting "person responsible"
                 and inserting instead --
                 "    licence supervisor    ".
5    29.         Section 41 amended
           (1)   Section 41(2) is amended by deleting "person responsible" and
                 inserting instead --
                 "    licence supervisor    ".
           (2)   Section 41(3) is amended as follows:
10                 (a) by deleting "egg in the process of fertilisation or any
                        embryo" and inserting instead --
                 "
                           human egg undergoing fertilisation or human embryo
                                                                                       ";
15                   (b)    by deleting "gametes" in the first place where it occurs
                            and inserting instead --
                            " human gametes ".
     30.         Section 44 amended
           (1)   Section 44(1) is amended as follows:
20                 (a) in paragraph (a) by deleting "gametes, eggs in the process
                        of fertilisation and embryos" and inserting instead --
                            "
                                   human gametes, human eggs undergoing
                                   fertilisation or human embryos
25                                                                                  ";
                     (b)    in paragraph (a)(i) by deleting "gametes," and inserting
                            instead --
                            " human gametes, ";




                                                                              page 31
     Human Reproductive Technology Amendment Bill 2003



     s. 30



                (c)    by deleting paragraph (a)(ii) and inserting instead the
                       following subparagraph --
                           "
                               (ii)   if human eggs undergoing fertilisation
5                                     or human embryos, their biological
                                      parentage and the date fertilisation
                                      commenced;
                                                                               ";
                (d)    in paragraph (a)(iv) by deleting "gametes, an egg in the
10                     process of fertilisation or an embryo was" and inserting
                       instead --
                               "
                                      human gametes, human eggs
                                      undergoing fertilisation or human
15                                    embryos were
                                                                                 ";
                (e)    in paragraph (a)(iv) by deleting "were, or an egg in the
                       process of fertilisation or an embryo was," and inserting
                       instead --
20                             "
                                      , eggs undergoing fertilisation or
                                      embryos were
                                                                              ";
                 (f)   in paragraph (b)(v)(B) by deleting "person responsible"
25                     and inserting instead --
                       " licence supervisor ".
        (2)    Section 44(2) is amended by inserting after "section 28" --
               " or 28A ".




     page 32
                                    Human Reproductive Technology Amendment Bill 2003



                                                                                         s. 31



           (3)   Section 44(4)(b) is amended by deleting "gametes, egg in the
                 process of fertilisation or an embryo;" and inserting instead --
                                "
                                       human gametes, a human egg undergoing
5                                      fertilisation or a human embryo;
                                                                                           ".

     31.         Section 45 amended
                 Section 45(1) is amended as follows:
                   (a) in paragraph (a)(ii) by deleting "gametes, egg in the
10                      process of fertilisation or embryo used;" and inserting
                        instead --
                                        "
                                              human gametes, human egg undergoing
                                              fertilisation or human embryo used;
15                                                                                         ";
                     (b)        after paragraph (d) by deleting the "and" and inserting
                                instead --
                           "
                               (da)    any information obtained from the NHMRC
20                                     Licensing Committee established under
                                       section 13 of the Commonwealth Human
                                       Embryo Act in relation to any NHMRC
                                       licences held or applied for in this State; and
                                                                                           ".

25   32.         Section 48 amended
                 Section 48 is amended by deleting "gametes or an embryo" and
                 inserting instead --
                 "    human gametes or a human embryo               ".




                                                                                    page 33
     Human Reproductive Technology Amendment Bill 2003



     s. 33



     33.              Section 49 amended
           (1)        Section 49(1)(a) is amended by deleting "gametes, an egg in the
                      process of fertilisation or an embryo;" and inserting instead --
                                "
5                                     human gametes, a human egg undergoing
                                      fertilisation or a human embryo;
                                                                                         ".
           (2)        Section 49(2)(d) is amended by inserting before "with" --
                      "     subject to subsections (2a) to (2c),   ".
10         (3)        After section 49(2) the following subsections are inserted --
                 "
                     (2a)     Information that would identify a child born as a result
                              of the relevant procedure who has not reached 16 years
                              of age cannot be divulged or communicated under
15                            paragraph (d) of subsection (2) unless each person who
                              has given consent for the purposes of that paragraph
                              has completed approved counselling before giving that
                              consent.
                     (2b)     Except as provided in subsection (2c), a child who has
20                            not reached 16 years of age cannot consent for the
                              purposes of paragraph (d) of subsection (2).
                     (2c)     A person who has parental responsibility (as defined in
                              section 68 of the Family Court Act 1997) for the child
                              may, after completing approved counselling, consent
25                            for the purposes of paragraph (d) of subsection (2) on
                              behalf of that child and in that case the child is to be
                              taken to have consented for the purposes of that
                              paragraph.
                     (2d)     Subject to subsection (2e), information to which
30                            subsection (1)(a) applies may be divulged or
                              communicated to a child resulting from the donation


     page 34
                       Human Reproductive Technology Amendment Bill 2003



                                                                       s. 33



                  who has reached 16 years of age and who has
                  completed approved counselling.
           (2e)   Information cannot be divulged or communicated
                  under subsection (2d) unless --
5                   (a) the donation was made on or after the day on
                         which the Human Reproductive Technology
                         Amendment Act 2003 came into operation (the
                         "commencement day"); or
                    (b) the donation was made before the
10                       commencement day and --
                           (i) was used with the effective consent of
                                 the donor given on or after the
                                 commencement day; or
                          (ii) the Commissioner of Health is satisfied
15                               that the donor was, before the donation,
                                 adequately informed that future changes
                                 in legislation might enable the
                                 information to be divulged or
                                 communicated to the child without the
20                               donor's consent.
           (2f) In subsections (2a), (2c) and (2d) --
               "approved counselling" means counselling approved by
                     the Commissioner of Health in relation to the
                     divulging or communication of information to
25                   which subsection (1) applies.
                                                                            ".
     (4)    Section 49(3)(a) is amended by deleting "gametes, an egg in the
            process of fertilisation or an embryo;" and inserting instead --
                   "
30                        human gametes, a human egg undergoing
                          fertilisation or a human embryo;
                                                                            ".



                                                                    page 35
     Human Reproductive Technology Amendment Bill 2003



     s. 34



     34.         Section 51 amended
           (1)   Section 51(1)(a) is amended by deleting "person responsible"
                 and inserting instead --
                 "    licence supervisor   ".
5          (2)   Section 51(2) is amended by deleting "person responsible" and
                 inserting instead --
                 "    licence supervisor   ".
           (3)   Section 51(2)(c) is amended as follows:
                   (a) by deleting "gametes, eggs in the process of fertilisation
10                      and embryos" and inserting instead --
                           "
                                human gametes, human eggs undergoing
                                fertilisation and human embryos
                                                                                  ";
15                   (b)   by deleting "gametes or any such eggs" and inserting
                           instead --
                           " any such gametes, eggs ".
           (4)   Section 51(3) is amended by deleting "person responsible" and
                 inserting instead --
20               "    licence supervisor   ".
           (5)   Section 51(5) is amended by deleting "person responsible" in
                 both places where it occurs and inserting instead --
                 "    licence supervisor   ".
           (6)   Section 51(6) is amended by deleting "person responsible" in
25               both places where it occurs and inserting instead --
                 "    licence supervisor   ".
           (7)   Section 51(7) is amended by deleting "person responsible" and
                 inserting instead --
                 "    licence supervisor   ".

     page 36
                              Human Reproductive Technology Amendment Bill 2003



                                                                               s. 35



           (8)    Section 51(8) is amended by deleting "person responsible" and
                  inserting instead --
                  "     licence supervisor   ".

     35.          Section 53 amended
5                 Section 53(1)(b) is amended by deleting "person responsible"
                  and inserting instead --
                  "     licence supervisor   ".

     36.          Part 4B inserted
                  Before Part 5 the following Part is inserted --
10   "
                 Part 4B -- Regulation of certain uses involving
                            excess ART embryos
                                     Division 1 -- General
             53S.         Object of this Part
15                (1)     The object of this Part is --
                           (a) to address concerns, including ethical concerns,
                                 about scientific developments in relation to
                                 human reproduction and the utilisation of
                                 human embryos by regulating activities that
20                               involve the use of certain human embryos
                                 created by assisted reproductive technology;
                                 and
                           (b) to adopt in this State a uniform Australian
                                 approach to the regulation of activities that
25                               involve the use of certain human embryos
                                 created by assisted reproductive technology.
                  (2)     For that purpose, this Part contains a number of
                          provisions that are similar to provisions in the
                          Commonwealth Human Embryo Act.

                                                                             page 37
     Human Reproductive Technology Amendment Bill 2003



     s. 36



               (3)     Nothing in this Part or in a licence under this Part
                       authorises or permits the use of an excess ART embryo
                       if that use is not a therapeutic use.
               (4)     In subsection (3) --
5                   "therapeutic use", in relation to an excess ART embryo,
                           means --
                           (a) its use in, or in connection with --
                                (i) preventing, diagnosing, curing or
                                      alleviating a disease, ailment, defect or
10                                    injury in persons;
                               (ii) influencing, inhibiting or modifying a
                                      physiological process in persons;
                              (iii) testing the susceptibility of persons to a
                                      disease or ailment;
15                            (iv) influencing, controlling or preventing
                                      conception in persons;
                               (v) testing for pregnancy in persons; or
                              (vi) the replacement or modification of parts
                                      of the anatomy of persons;
20                         (b) a use of it that is prescribed in the
                                 regulations and is not inconsistent with a use
                                 referred to in paragraph (a); or
                           (c) its use in training or research for the
                                 purposes of a use referred to in paragraph (a)
25                               or (b).

             53T.      Definitions
               (1)     In this Part, unless the contrary intention appears --
                       "AHEC" means the Australian Health Ethics
                            Committee established by the National Health and
30                          Medical Research Council Act 1992 of the
                            Commonwealth;


     page 38
         Human Reproductive Technology Amendment Bill 2003



                                                            s. 36



     "Commonwealth Human Embryo regulations"
          means the regulations in force under the
          Commonwealth Human Embryo Act;
     "confer" includes to impose;
5    "confidential commercial information" means
          information that has a commercial or other value
          that would be, or could reasonably be expected to
          be, destroyed or diminished if the information
          were disclosed;
10   "corresponding law" means --
          (a) the Commonwealth Human Embryo Act; or
          (b) an Act of another State that is a
                 corresponding State law as defined in the
                 Commonwealth Human Embryo Act;
15   "disclose", in relation to information, means give or
          communicate in any way;
     "excess ART embryo" means a human embryo that --
          (a) was created, by assisted reproductive
                 technology, for use in the assisted
20               reproductive technology treatment of a
                 woman; and
          (b) is excess to the needs of --
                (i) the woman for whom it was created;
                      and
25             (ii) her spouse or de facto partner (if any) at
                      the time the embryo was created;
     "HREC" means a Human Research Ethics Committee;
     "inspector" means a person appointed as an inspector
          under section 53ZN(1);
30   "licence" means a licence issued under section 53ZB;
     "licensed ART centre" means a person licensed under
          Part 4;


                                                         page 39
     Human Reproductive Technology Amendment Bill 2003



     s. 36



                  "NHMRC Licensing Committee" means the
                      Committee of that name established under
                      section 13 of the Commonwealth Human Embryo
                      Act;
5                 "proper consent", in relation to the use of an excess
                      ART embryo, means --
                      (a) consent obtained in accordance with the
                            Ethical Guidelines on Assisted Reproductive
                            Technology (1996) issued by the NHMRC;
10                    (b) if other guidelines are issued by the NHMRC
                            under the National Health and Medical
                            Research Council Act 1992 of the
                            Commonwealth and prescribed by the
                            Commonwealth Human Embryo regulations
15                          for the purposes of paragraph (b) of the
                            definition of "proper consent" in section 8 of
                            the Commonwealth Human Embryo Act --
                            consent obtained in accordance with those
                            other guidelines, rather than the guidelines
20                          mentioned in paragraph (a); or
                      (c) where an intended use is to provide a human
                            embryonic stem cell line, the uses to which
                            the human embryonic stem cell line may be
                            put must have been disclosed and explained;
25                "responsible person", in relation to an excess ART
                      embryo, means --
                      (a) each person who provided the egg or sperm
                            from which the embryo was created;
                      (b) the woman for whom the embryo was created,
30                          for the purpose of achieving her pregnancy;
                      (c) any person who was the spouse or de facto
                            partner of a person mentioned in paragraph (a)
                            at the time the egg or sperm mentioned in that
                            paragraph was provided; and


     page 40
               Human Reproductive Technology Amendment Bill 2003



                                                                   s. 36



               (d)   any person who was the spouse or de facto
                     partner of the woman mentioned in
                     paragraph (b) at the time the embryo was
                     created;
5          "State" includes the Australian Capital Territory and
               the Northern Territory.
     (2)   For the purposes of paragraph (b) of the definition of
           "excess ART embryo", a human embryo is excess to
           the needs of the persons mentioned in that paragraph at
10         a particular time if --
             (a) each such person has given written authority for
                   use of the embryo for a purpose other than a
                   purpose relating to the assisted reproductive
                   technology treatment of the woman concerned,
15                 and the authority is in force at that time; or
             (b) each such person has determined in writing that
                   the embryo is excess to their needs, and the
                   determination is in force at that time.
     (3)   A reference in this Part to a number of penalty units is
20         a reference to the amount calculated in accordance with
           the following formula --
           A×B
           where --
             A is that number of penalty units; and
25           B is the amount (in dollars) that is for the time
                 being a penalty unit under section 4AA of the
                 Crimes Act 1914 of the Commonwealth.
     (4)   In this Part, a reference to a Commonwealth Act
           includes a reference to --
30           (a) that Commonwealth Act, as amended and in
                    force for the time being; and




                                                              page 41
     Human Reproductive Technology Amendment Bill 2003



     s. 36



                      (b)   an Act enacted in substitution for that Act and,
                            if it is amended, as amended and in force for
                            the time being.

                     Division 2 -- Performance of functions
5            53U.    Functions not affected by State laws
                     The NHMRC Licensing Committee or an officer of the
                     Commonwealth is not precluded by any law of the State
                     from performing a function conferred by this Part.
             53V.    Extent to which functions are conferred
10             (1)   This Part does not purport to impose any duty on the
                     NHMRC Licensing Committee or an officer of the
                     Commonwealth to perform a function if the imposition
                     of the duty would be beyond the legislative power of
                     the Parliament of the State.
15             (2)   This section does not limit the operation of section 7 of
                     the Interpretation Act 1984.

                               Division 3 -- Offences
             53W.    Offence -- use of excess ART embryo
               (1)   A person commits a crime if the person uses an excess
20                   ART embryo, unless --
                       (a) the use by the person is authorised by a licence;
                             or
                      (b) the use by the person is an exempt use as
                             defined in subsection (2).
25                   Penalty: A fine of 300 penalty units or imprisonment
                         for 5 years or both.
                     Summary conviction penalty: A fine of 60 penalty
                         units or imprisonment for 12 months or both.




     page 42
               Human Reproductive Technology Amendment Bill 2003



                                                                   s. 36



     (2)   A use of an excess ART embryo by a person is an
           "exempt use" for the purposes of subsection (1) if --
             (a) the use consists only of --
                     (i) storage of the excess ART embryo;
5                   (ii) removal of the excess ART embryo
                          from storage; or
                   (iii) transport of the excess ART embryo;
                  or
             (b) the use consists only of observation of the
10                excess ART embryo;
             (c) the use consists only of allowing the excess
                  ART embryo to succumb;
            (d) the use is carried out by a licensed ART centre,
                  and --
15                   (i) the excess ART embryo is not suitable
                          to be placed in the body of the woman
                          for whom it was created where the
                          suitability of the embryo is determined
                          only on the basis of its biological fitness
20                        for implantation; and
                    (ii) the use forms part of diagnostic
                          investigations conducted in connection
                          with the assisted reproductive
                          technology treatment of the woman for
25                        whom the excess ART embryo was
                          created;
             (e) the use is carried out by a licensed ART centre
                  and is for the purposes of achieving pregnancy
                  in a woman other than the woman for whom the
30                excess ART embryo was created; or
              (f) the use is of a kind prescribed by the
                  Commonwealth Human Embryo regulations for
                  the purposes of section 10(2)(f) of the
                  Commonwealth Human Embryo Act.

                                                                page 43
     Human Reproductive Technology Amendment Bill 2003



     s. 36



               (3)   A defendant does not bear an evidential burden in
                     relation to any matter in subsection (1).
               (4)   In subsection (2) --
                     "diagnostic investigation", in relation to an excess
5                         ART embryo, means any procedure undertaken on
                          embryos for the sole purpose of diagnostic
                          investigations for the direct benefit of the woman
                          for whom it was created;
                     "observation", in relation to an excess ART embryo,
10                        includes taking a photograph of the embryo, or
                          taking a recording of the embryo from which a
                          visual image can be produced.

             53X.    Offence -- breaching a licence condition
               (1)   A person commits a crime if the person engages in
15                   conduct that contravenes a condition of a licence that
                     applies to the person.
                     Penalty: A fine of 300 penalty units or imprisonment
                         for 5 years or both.
                     Summary conviction penalty: A fine of 60 penalty
20                       units or imprisonment for 12 months or both.
               (2)   In this section --
                     "engage in conduct" means --
                          (a) do an act; or
                          (b) omit to perform an act.




     page 44
                 Human Reproductive Technology Amendment Bill 2003



                                                                   s. 36



     Division 4 -- Embryo Research Licensing Committee of
                        the NHMRC
     53Y.    Functions of Committee
             The functions of the NHMRC Licensing Committee
5            are --
               (a) to perform functions in relation to licences
                    under Division 5;
               (b) to perform functions in relation to databases
                    under Division 6; and
10             (c) to perform such other functions as are conferred
                    on it by this Part or any other law.

     53Z.    Powers of Committee
             The NHMRC Licensing Committee has power to do all
             things necessary or convenient to be done for or in
15           connection with the performance of its functions.

                  Division 5 -- Licensing system
     53ZA.   Person may apply for licence
       (1)   A person may apply to the NHMRC Licensing
             Committee for a licence authorising use of excess ART
20           embryos.
       (2)   An application under subsection (1) --
              (a) must be made in accordance with the
                    requirements (if any) specified in writing by the
                    NHMRC Licensing Committee; and
25            (b) must be accompanied by a fee that is equal to
                    the fee (if any) prescribed by the
                    Commonwealth Human Embryo regulations for
                    the purposes of section 20(2)(b) of the
                    Commonwealth Human Embryo Act.


                                                                page 45
     Human Reproductive Technology Amendment Bill 2003



     s. 36



             53ZB.   Determination of application by Committee
               (1)   This section applies if a person has made an application
                     under section 53ZA for a licence.
               (2)   The NHMRC Licensing Committee must decide, in
5                    accordance with this section, whether or not to issue
                     the licence.
               (3)   The NHMRC Licensing Committee must not issue the
                     licence unless it is satisfied of the following --
                        (a) that appropriate protocols are in place --
10                              (i) to enable proper consent to be obtained
                                     before an excess ART embryo is used
                                     under the licence (see
                                     section 53ZE(1)(a)); and
                               (ii) to enable compliance with any
15                                   restrictions on such consent;
                       (b) if the use of an excess ART embryo proposed
                             in the application may damage or destroy the
                             embryo -- that appropriate protocols are in
                             place to enable compliance with the condition
20                           that such use is authorised only in respect of an
                             embryo created before 5 April 2002 (see
                             section 53ZE(3));
                        (c) that the activity or project proposed in the
                             application has been assessed and approved by
25                           a HREC that is constituted in accordance with,
                             and acting in compliance with, the NHMRC
                             National Statement on Ethical Conduct in
                             Research Involving Humans (1999), as in force
                             from time to time.




     page 46
                 Human Reproductive Technology Amendment Bill 2003



                                                                       s. 36



       (4)   In deciding whether to issue the licence, the NHMRC
             Licensing Committee must have regard to the
             following --
               (a) restricting the number of excess ART embryos
5                    to that likely to be necessary to achieve the
                     goals of the activity or project proposed in the
                     application;
               (b) the likelihood of significant advance in
                     knowledge or improvement in technologies for
10                   treatment as a result of the use of excess ART
                     embryos proposed in the application, which could
                     not reasonably be achieved by other means;
               (c) any relevant guidelines, or relevant parts of
                     guidelines, issued by the NHMRC under the
15                   National Health and Medical Research Council
                     Act 1992 of the Commonwealth and prescribed
                     by the Commonwealth Human Embryo
                     regulations for the purposes of section 21(4)(c)
                     of the Commonwealth Human Embryo Act;
20             (d) the HREC assessment of the application
                     mentioned in subsection (3)(c);
               (e) such additional matters (if any) as are
                     prescribed by the Commonwealth Human
                     Embryo regulations for the purposes of
25                   section 21(4)(e) of the Commonwealth Human
                     Embryo Act.

     53ZC.   Notification of decision
       (1)   The NHMRC Licensing Committee must notify its
             decision on an application for a licence under
30           section 53ZA to the following --
               (a) the applicant;
               (b) the HREC that assessed and approved the
                     activity or project proposed in the application
                     as mentioned in section 53ZB(3)(c);

                                                                 page 47
     Human Reproductive Technology Amendment Bill 2003



     s. 36



                       (c)   the Commissioner as defined in section 3(1) of
                             the Health Act 1911.
               (2)   If the NHMRC Licensing Committee decides to issue
                     the licence, it must, in addition to issuing the licence to
5                    the applicant, give a copy of the licence to the bodies
                     mentioned in subsection (1)(b) and (c).

             53ZD.   Period of licence
               (1)   A licence --
                      (a) comes into force on the day specified in the
10                          licence, or if no day is specified, on the day on
                            which it is issued; and
                      (b) remains in force until the day specified in the
                            licence, unless it is suspended, revoked or
                            surrendered before that day.
15             (2)   A licence is not in force throughout any period of
                     suspension.

             53ZE.   Licence is subject to conditions
               (1)   A licence is subject to the condition that before an
                     excess ART embryo is used as authorised by the
20                   licence --
                        (a) each responsible person in relation to the excess
                             ART embryo must have given proper consent
                             to that use;
                       (b) the licence holder must have reported in writing
25                           to the NHMRC Licensing Committee that such
                             consent has been obtained, and any restrictions
                             to which the consent is subject; and
                        (c) if the licence authorises use of an excess ART
                             embryo that may damage or destroy the
30                           embryo -- the licence holder must have
                             reported in writing to the NHMRC Licensing


     page 48
               Human Reproductive Technology Amendment Bill 2003



                                                                      s. 36



                   Committee that the embryo was created before
                   5 April 2002.
     (2)   A licence is subject to the condition that the use of an
           excess ART embryo must be in accordance with any
5          restrictions to which the proper consent under
           subsection (1) is subject.
     (3)   If a licence authorises the use of an excess ART
           embryo that may damage or destroy the embryo, the
           licence is subject to the condition that such use is
10         authorised only in respect of an embryo created before
           5 April 2002.
     (4)   A licence is subject to such other conditions as are
           specified in the licence.
     (5)   The conditions specified in the licence may include,
15         but are not limited to, conditions relating to the
           following --
             (a) the persons authorised by the licence to use
                   excess ART embryos;
             (b) the number of excess ART embryos in respect
20                 of which use is authorised by the licence;
             (c) reporting;
             (d) monitoring;
             (e) information to be given by the licence holder to
                   persons authorised by the licence to use excess
25                 ART embryos.
     (6)   The licence conditions set out in subsections (1), (2)
           and (3) apply to all persons who are authorised by the
           licence to use excess ART embryos.
     (7)   Licence conditions specified in the licence apply to --
30           (a) the licence holder; and




                                                                  page 49
     Human Reproductive Technology Amendment Bill 2003



     s. 36



                      (b)    such other persons authorised by the licence to
                             use excess ART embryos as are specified in the
                             licence.

             53ZF.   Variation of licence
5              (1)   The NHMRC Licensing Committee may, by notice in
                     writing given to the licence holder, vary a licence if the
                     Committee believes on reasonable grounds that it is
                     necessary or desirable to do so.
               (2)   The NHMRC Licensing Committee may vary a licence
10                   under subsection (1) on its own initiative or on
                     application by the licence holder.
               (3)   Without limiting subsection (1), the NHMRC
                     Licensing Committee may vary the licence by
                     specifying additional conditions or varying existing
15                   conditions.
               (4)   The NHMRC Licensing Committee must not vary a
                     licence in such a way that, had a person applied under
                     section 53ZA for the licence as varied, the Committee
                     would not have been permitted by this Part to issue the
20                   licence.

             53ZG. Suspension or revocation of licence
               (1)   The NHMRC Licensing Committee may, by notice in
                     writing given to the licence holder, suspend or revoke a
                     licence if the Committee believes on reasonable
25                   grounds that a condition of the licence has been
                     breached.
               (2)   If a licence holder is convicted of an offence under this
                     Division, a corresponding law or the Prohibition of
                     Human Cloning Act 2002 of the Commonwealth, the
30                   NHMRC Licensing Committee must, by notice in
                     writing given to the licence holder, revoke each licence
                     held by the licence holder.

     page 50
                  Human Reproductive Technology Amendment Bill 2003



                                                                     s. 36



     53ZH. Surrender of licence
              A licence holder may surrender a licence by written
              notice given to the NHMRC Licensing Committee.

     53ZI.    Notification of variation, suspension, revocation or
5             surrender of licence
              If the NHMRC Licensing Committee varies, suspends
              or revokes a licence, or a licence is surrendered, the
              Committee must notify --
                (a) the licence holder;
10              (b) the HREC to which the NHMRC Licensing
                      Committee notified its decision on the
                      application for the licence under section 53ZC;
                      and
                (c) the Commissioner as defined in section 3(1) of
15                    the Health Act 1911.

             Division 6 -- Reporting and confidentiality
     53ZJ.    NHMRC Licensing Committee to make certain
              information publicly available
       (1)    The NHMRC Licensing Committee must maintain a
20            database containing the following information in
              relation to each licence (including a licence as
              varied) --
                (a) the name of the person to whom the licence was
                      issued;
25              (b) a short statement about the nature of the uses of
                      excess ART embryos that are authorised by the
                      licence;
                (c) any conditions to which the licence is subject;
               (d)   the number of excess ART embryos in respect
30                   of which use is authorised by the licence;
               (e)   the date on which the licence was issued;

                                                                 page 51
     Human Reproductive Technology Amendment Bill 2003



     s. 36



                       (f)   the period throughout which the licence is to
                             remain in force.
               (2)   The database is to be made publicly available.
               (3)   The database may be kept and made publicly available
5                    in electronic form.
               (4)   Information mentioned in subsection (1) must not be such
                     as to disclose confidential commercial information.

             53ZK. Confidential commercial information may only be
                   disclosed in certain circumstances
10             (1)   A person commits an offence if --
                       (a) the person discloses confidential commercial
                             information that the person has only because of
                             performing duties or functions under this Part
                             or under a corresponding law;
15                    (b) the person knows that the information is
                             confidential commercial information; and
                       (c) the disclosure is not --
                                (i) to the Commonwealth, a
                                    Commonwealth authority or a State
20                                  agency in the course of carrying out
                                    duties or functions under this Part or
                                    under a corresponding law;
                               (ii) by order of a court; or
                              (iii) with the consent of each person to
25                                  whom the information has a commercial
                                    or other value.
                     Penalty: A fine of 120 penalty units or imprisonment
                         for 2 years or both.
               (2)   A person commits an offence if --
30                    (a) the person discloses confidential commercial
                            information that the person has only because of


     page 52
               Human Reproductive Technology Amendment Bill 2003



                                                                  s. 36



                   a disclosure permitted under subsection (1) or
                   this subsection;
            (b) the person knows that the information is
                   confidential commercial information; and
5            (c) the disclosure is not --
                      (i) to the Commonwealth, a
                           Commonwealth authority or a State
                           agency in the course of carrying out
                           duties or functions under this Part or
10                         under a corresponding law;
                     (ii) by order of a court; or
                    (iii) with the consent of each person to
                           whom the information has a commercial
                           or other value.
15         Penalty: A fine of 120 penalty units or imprisonment
               for 2 years or both.
     (3)   In this section --
           "Commonwealth authority" means --
                (a) a body corporate established for a public
20                     purpose by or under an Act of the
                       Commonwealth; or
                (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
25                     together --
                      (i) the Commonwealth;
                     (ii) a body covered by paragraph (a);
                    (iii) a body covered by subparagraph (i) or
                            (ii).
30         "court" includes a tribunal, authority or person having
                power to require the production of documents or
                the answering of questions;


                                                               page 53
     Human Reproductive Technology Amendment Bill 2003



     s. 36



                     "State agency" means --
                         (a) the Crown in right of a State;
                         (b) a Minister of a State;
                         (c) a department of the Government of a State;
5                        (d) an instrumentality of a State, including a
                                body corporate established for a public
                                purpose by or under a law of a State; or
                         (e) a company in which a controlling interest is
                                held by any one of the following persons, or
10                              by 2 or more of the following persons
                                together --
                               (i) the Crown in right of a State;
                              (ii) a person or body covered by
                                     paragraph (b) or (d);
15                           (iii) a person or body covered by
                                     subparagraph (i) or (ii).

             53ZKA. Annual Reports
               (1)   The NHMRC Licensing Committee must furnish to the
                     Minister a copy of any report prepared under
20                   section 19(3) of the Research Involving Human
                     Embryos Act 2002 of the Commonwealth (insofar as
                     the report is relevant to the operation of this Act).
               (2)   The Minister must, within 12 sitting days after receipt
                     of a report under subsection (1), cause copies of the
25                   report to be laid before each House of Parliament.

                          Division 7 -- Review provisions
             53ZL.   Meaning of terms
                     In this Division --




     page 54
                 Human Reproductive Technology Amendment Bill 2003



                                                                     s. 36



             "decision" has the same meaning as in the
                  Administrative Appeals Tribunal Act 1975 of the
                  Commonwealth;
             "eligible person", in relation to a decision of the
5                 NHMRC Licensing Committee, means --
                  (a) in relation to a decision under section 53ZB
                        not to issue a licence -- the applicant for the
                        licence;
                  (b) in relation to a decision in respect of the
10                      period throughout which the licence is to be
                        in force under section 53ZD -- the licence
                        holder;
                  (c) in relation to a decision to specify a licence
                        condition under section 53ZE(4) -- the
15                      licence holder;
                  (d) in relation to a decision to vary or refuse to
                        vary a licence under section 53ZF -- the
                        licence holder; or
                  (e) in relation to a decision to suspend or revoke
20                      a licence under section 53ZG -- the person
                        who was the licence holder immediately
                        before the suspension or revocation.

     53ZM. Review of decisions
       (1)   An eligible person may apply to the Administrative
25           Appeals Tribunal for review of the following decisions
             of the NHMRC Licensing Committee --
               (a) a decision under section 53ZB not to issue a
                     licence;
               (b) a decision in respect of the period throughout
30                   which the licence is to be in force under
                     section 53ZD;
               (c) a decision to specify a licence condition under
                     section 53ZE(4);


                                                                 page 55
     Human Reproductive Technology Amendment Bill 2003



     s. 36



                      (d)   a decision to vary or refuse to vary a licence
                            under section 53ZF;
                      (e)   a decision to suspend or revoke a licence under
                            section 53ZG.
5              (2)   This section has effect subject to the Administrative
                     Appeals Tribunal Act 1975 of the Commonwealth and
                     section 43 of the Commonwealth Human Embryo Act.

                         Division 8 -- Monitoring powers
             53ZN.   Appointment of inspectors
10             (1)   The Chairperson of the NHMRC Licensing Committee
                     may, by instrument in writing, appoint any of the
                     following persons as inspectors --
                       (a) an officer of the Commonwealth;
                       (b) a person who is appointed or employed by the
15                          State.
               (2)   In exercising powers or performing functions as an
                     inspector, an inspector must comply with any
                     directions of the Chairperson of the NHMRC Licensing
                     Committee.
20             (3)   The Chairperson of the NHMRC Licensing Committee
                     must not appoint a person as an inspector under
                     subsection (1) unless he or she is satisfied that the
                     person has appropriate skills and experience.

             53ZO. Identity card
25             (1)   The Chairperson of the NHMRC Licensing Committee
                     must issue an identity card to an inspector.
               (2)   The identity card --
                      (a)   must be in the form prescribed by the
                            Commonwealth Human Embryo regulations for


     page 56
                 Human Reproductive Technology Amendment Bill 2003



                                                                     s. 36



                    the purposes of section 34(2)(a) of the
                    Commonwealth Human Embryo Act; and
              (b)   must contain a recent photograph of the
                    inspector.
5      (3)   If a person to whom an identity card has been issued
             ceases to be an inspector, the person must return the
             identity card to the Chairperson of the NHMRC
             Licensing Committee as soon as practicable.
             Penalty: One penalty unit.
10     (4)   An inspector must carry his or her identity card at all
             times when exercising powers or performing functions
             as an inspector.

     53ZP.   Powers available to inspectors for monitoring
             compliance
15     (1)   For the purpose of finding out whether this Part has
             been complied with, an inspector may --
               (a) enter any premises; and
               (b) exercise the monitoring powers set out in
                     section 53ZQ.
20     (2)   An inspector is not authorised to enter premises under
             subsection (1) unless --
               (a) the occupier of the premises has consented to
                    the entry; or
               (b) the premises are premises at which the occupier
25                  of the premises is carrying out activities
                    authorised by a licence issued under
                    section 53ZB, and the entry is at a reasonable
                    time.




                                                                page 57
     Human Reproductive Technology Amendment Bill 2003



     s. 36



             53ZQ. Monitoring powers
               (1)   The monitoring powers that an inspector may exercise
                     under section 53ZP(1)(b) are as follows --
                       (a) to search the premises and any thing on the
5                           premises;
                       (b) to inspect, examine, take measurements of,
                            conduct tests on, or take samples of, any human
                            embryo or thing on the premises that relates to
                            this Part;
10                     (c) to take photographs, make video or audio
                            recordings or make sketches of the premises or
                            any thing on the premises;
                      (d) to inspect any book, record or document on the
                            premises;
15                     (e) to take extracts from or make copies of any
                            such book, record or document;
                        (f) to take onto the premises such equipment and
                            materials as the inspector requires for the
                            purpose of exercising powers in relation to the
20                          premises.
               (2)   For the purposes of this Division, monitoring powers
                     include the power to operate equipment at premises to
                     see whether --
                       (a) the equipment; or
25                     (b) a disk, tape or other storage device that --
                               (i) is at the premises; and
                              (ii) can be used with the equipment or is
                                    associated with it,
                     contains information that is relevant to determining
30                   whether there has been compliance with this Part.
               (3)   If the inspector, after operating equipment at the
                     premises, finds that the equipment, or that a tape, disk

     page 58
                 Human Reproductive Technology Amendment Bill 2003



                                                                     s. 36



             or other storage device at the premises, contains
             information mentioned in subsection (2), the inspector
             may --
               (a) operate equipment or facilities at the premises
5                    to put the information in documentary form and
                     copy the document so produced; or
               (b) if the information can be transferred to a tape,
                     disk or other storage device that --
                        (i) is brought to the premises; or
10                     (ii) is at the premises and the use of which
                             has been agreed to in writing by the
                             occupier of the premises,
                     operate the equipment or other facilities to copy
                     the information to the storage device, and
15                   remove the storage device from the premises.
       (4)   In addition, the Commissioner of Health may confer on
             an inspector the powers set out in section 54.

     53ZR.   Power to secure
             If an inspector, during a search of premises, believes on
20           reasonable grounds that there is at the premises a
             human embryo or a thing that may afford evidence of
             the commission of an offence against this Part, the
             monitoring powers include securing the embryo or
             thing pending the obtaining of a warrant (whether by
25           the inspector or by another person) to seize it.

     53ZS.   Inspector must produce identity card on request
             An inspector is not entitled to exercise any powers
             under this Division in relation to premises if --
               (a) the occupier of the premises has required the
30                   inspector to produce his or her identity card for
                     inspection by the occupier; and



                                                                  page 59
     Human Reproductive Technology Amendment Bill 2003



     s. 36



                      (b)    the inspector fails to comply with the
                             requirement.

             53ZT.   Consent
               (1)   Before obtaining the consent of a person for the
5                    purposes of section 53ZP(2)(a), the inspector must
                     inform the person that he or she may refuse consent.
               (2)   An entry of an inspector by virtue of the consent of a
                     person is not lawful unless the person voluntarily
                     consented to the entry.

10           53ZU.   Compensation for damage
               (1)   The owner of equipment or other facilities is entitled to
                     compensation for damage to the equipment or other
                     facilities if --
                       (a) the damage was caused to the equipment or
15                            other facilities as a result of it being operated
                              by an inspector as mentioned in this Division;
                              and
                       (b) the damage was caused as a result of
                              insufficient care being exercised by the
20                            inspector operating the equipment or other
                              facilities.
               (2)   An application for compensation is to be made to the
                     NHMRC Licensing Committee.
               (3)   In determining the amount of compensation payable,
25                   regard is to be had to whether the occupier of the
                     premises and his or her employees and agents, if they
                     were available at the time, had provided any warning
                     or guidance as to the operation of the equipment or
                     other facilities that was appropriate in the
30                   circumstances.




     page 60
                 Human Reproductive Technology Amendment Bill 2003



                                                                    s. 36



                        Division 9 -- Expiry
     53ZV.   Expiry of certain provisions
       (1)   Sections 53ZB(3)(b) and 53ZE(1)(c) and (3) expire on
             5 April 2005.
5      (2)   Subsection (1) may be repealed by resolution passed by
             both Houses of Parliament.

      Division 10 -- Conscientious objection to use of excess
                        ART embryos
     53ZVA. Conscientious objection to use of excess ART
10          embryos
             Despite any requirement under a contract or a written
             law, a person is not required to use, or assist another
             person in using, an excess ART embryo under this Part
             if the person has a conscientious objection to doing so.

15                 Division 11 -- Review of Part
     53ZW. Review of Part
       (1)   The Minister must cause a review of the operation of
             this Part to be undertaken as soon as possible after
             19 December 2004.
20     (2)   The review must take into account --
              (a) developments in technology in relation to
                    assisted reproductive technology;
              (b) developments in medical research and scientific
                    research and the potential therapeutic
25                  applications of such research;
              (c) community standards; and
              (d) the applicability of establishing a National
                    Stem Cell Bank.


                                                                 page 61
     Human Reproductive Technology Amendment Bill 2003



     s. 37



               (3)    The review of this Part may be undertaken as part of
                      the review of the Commonwealth Human Embryo Act
                      mentioned in section 47 of that Act.
               (4)    The Minister is to prepare a report based on the review
5                     made under subsection (1) and cause the report to be
                      laid before each House of Parliament not later than 12
                      months from the date on which the review is first
                      commenced.
               (5)    The Minister must cause a copy of the report based on
10                    the review conducted under section 47 of the
                      Commonwealth Human Embryo Act to be laid before
                      each House of Parliament not later than six sitting days
                      from the date of receipt of the report.
                                                                                 ".

15   37.       Section 54 amended
               Section 54(1) is amended as follows:
                 (a) in paragraph (a)(i) by deleting "egg in the process of
                      fertilisation or any embryo" and inserting instead --
                               "
20                                   human egg undergoing fertilisation or
                                     human embryo
                                                                                ";
                (b)    in paragraph (a)(ii) by deleting "gametes" and inserting
                       instead --
25                     " human gametes ";
                (c)    in paragraph (a)(iv) by deleting "gametes or participants
                       or any egg in the process of fertilisation or embryo;" and
                       inserting instead --
                               "
30                                   human gametes or participants or any
                                     human egg undergoing fertilisation or
                                     human embryo;
                                                                                 ";

     page 62
                         Human Reproductive Technology Amendment Bill 2003



                                                                             s. 38



               (d)   in paragraph (a) by deleting "gametes, egg in the process
                     of fertilisation or embryo," and inserting instead --
                     "
                            human gametes, human egg undergoing
5                           fertilisation or human embryo,
                                                                               ";
               (e)   in paragraph (c) by deleting "gametes, an egg in the
                     process of fertilisation or an embryo," and inserting
                     instead --
10                   "
                            human gametes, a human egg undergoing
                            fertilisation or a human embryo,
                                                                               ".
     38.   Section 56 amended
15         Section 56(1) is amended by deleting "an offence" and inserting
           instead --
           "    a simple offence    ".
     39.   Section 57 amended
           Section 57(1) is amended as follows:
20             (a)   in paragraph (a) by deleting "gametes, an egg in the
                     process of fertilisation or an embryo" and inserting
                     instead --
                     "
                            human gametes, a human egg undergoing
25                          fertilisation or a human embryo
                                                                               ";
               (b)   in paragraph (b)(iii) by deleting "person responsible"
                     and inserting instead --
                     " licence supervisor ".




                                                                         page 63
     Human Reproductive Technology Amendment Bill 2003



     s. 40



     40.       Section 59 amended
               Section 59(2) is amended as follows:
                (a)       after paragraph (b) by deleting "or";
                (b)       at the end of paragraph (c) by deleting the comma and
5                         inserting instead --
                      "
                                ; or
                          (d)   a person on whom a power is conferred under
                                section 53ZQ(4),
10                                                                                ".




 


[Index] [Search] [Download] [Related Items] [Help]