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


HUMAN REPRODUCTIVE TECHNOLOGY AND SURROGACY LEGISLATION AMENDMENT BILL 2018

                    Western Australia


  Human Reproductive Technology and
Surrogacy Legislation Amendment Bill 2018

                       Contents

       Part 1 -- Preliminary
 1.    Short title                                     2
 2.    Commencement                                    2
       Part 2 -- Human Reproductive
            Technology Act 1991 amended
 3.    Act amended                                     3
 4.    Preamble amended                                3
 5.    Section 3 amended                               3
 6.    Section 6 amended                               3
 7.    Section 14 amended                              4
 8.    Section 18 amended                              4
 9.    Section 21 amended                              4
 10.   Section 22 amended                              4
 11.   Section 23 amended                              5
 12.   Section 26 amended                              6
 13.   Section 33 amended                              6
 14.   Section 53R amended                             6
 15.   Section 55A inserted                            7
       55A.    Use of powers in connection with
               Surrogacy Act 2008                 7
 16.   Various references to Commonwealth Act
       amended                                         7
       Part 3 -- Surrogacy Act 2008
            amended
 17.   Act amended                                     9
 18.   Section 19 amended                              9


                            88--1                      page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


     Human Reproductive Technology and
   Surrogacy Legislation Amendment Bill 2018

                               A Bill for


An Act to amend the Human Reproductive Technology Act 1991 and
the Surrogacy Act 2008.



The Parliament of Western Australia enacts as follows:




                                                         page 1
    Human Reproductive Technology and Surrogacy Legislation Amendment
    Bill 2018
    Part 1       Preliminary

    s. 1


1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Human Reproductive Technology and Surrogacy
4            Legislation Amendment Act 2018.

5   2.       Commencement
6            This Act comes into operation as follows --
7             (a) Part 1 -- on the day on which this Act receives the
8                   Royal Assent;
9             (b) the rest of the Act -- on a day fixed by proclamation.




    page 2
      Human Reproductive Technology and Surrogacy Legislation Amendment
                                                                Bill 2018
            Human Reproductive Technology Act 1991 amended         Part 2

                                                                              s. 3


1         Part 2 -- Human Reproductive Technology Act 1991
2                           amended
3    3.       Act amended
4             This Part amends the Human Reproductive Technology
5             Act 1991.
6    4.       Preamble amended
7             In the Preamble paragraph B --
8               (a) delete "unable to conceive children naturally due to
9                     medical reasons or" and insert:
10

11                     likely to be unable to conceive or give birth to children
12                     naturally due to medical reasons, or
13

14              (b)    after "disease," insert:
15

16                     or who are unable to conceive children naturally due to
17                     social reasons and are parties to a lawful surrogacy
18                     arrangement,
19

20   5.       Section 3 amended
21            In section 3(1) insert in alphabetical order:
22

23                    surrogacy arrangement has the meaning given in the
24                    Surrogacy Act 2008 section 3;
25

26   6.       Section 6 amended
27            In section 6(4) delete "(2) or (3)," and insert:
28

29            (2),
30


                                                                           page 3
     Human Reproductive Technology and Surrogacy Legislation Amendment
     Bill 2018
     Part 2       Human Reproductive Technology Act 1991 amended

     s. 7


1    7.       Section 14 amended
2             In section 14(1):
3               (a) in paragraph (a)(ii) delete "Act;" and insert:
4

5                     Act and the Surrogacy Act 2008;
6

7              (b)    in paragraph (b)(ii) after "Act" insert:
8

9                     and the Surrogacy Act 2008
10


11   8.       Section 18 amended
12            In section 18(1)(ca) delete "arrangement as defined in the
13            Surrogacy Act 2008 section 3; and" and insert:
14

15            arrangement; and
16


17   9.       Section 21 amended
18            Delete section 21(i)(ii) and insert:
19

20                             (ii)   a couple who are married to, or in a
21                                    de facto relationship with, each other;
22


23   10.      Section 22 amended
24            In section 22(1)(e)(ia):
25              (a) delete "woman" (2nd occurrence) and insert:
26

27                    person
28




     page 4
      Human Reproductive Technology and Surrogacy Legislation Amendment
                                                                Bill 2018
            Human Reproductive Technology Act 1991 amended         Part 2

                                                                             s. 11


1                 (b)   delete "her" and insert:
2

3                       the person's
4

5    11.         Section 23 amended
6          (1)   In section 23(1):
7                  (a) delete paragraph (a) and insert:
8

9                       (a)   the procedure --
10                               (i) would be likely to benefit a couple who
11                                   are likely to be unable to conceive a
12                                   child due to medical reasons; or
13                              (ii) would be likely to benefit a woman who
14                                   is likely to be unable to conceive or give
15                                   birth to a child due to medical reasons;
16                                   or
17                             (iii) would be likely to benefit a couple or
18                                   woman whose child would otherwise be
19                                   likely to be affected by a genetic
20                                   abnormality or a disease; or
21                             (iv) is for the purposes of a surrogacy
22                                   arrangement that is lawful and for which
23                                   there are medical or social reasons
24                                   under the Surrogacy Act 2008
25                                   section 19(1A);
26                            and
27

28                (b)   delete paragraph (c) and insert:
29
30                      (c)   any persons seeking to be regarded as a couple
31                            for the purposes of this section are married to,
32                            or in a de facto relationship with, each other;
33                            and
34


                                                                           page 5
     Human Reproductive Technology and Surrogacy Legislation Amendment
     Bill 2018
     Part 2       Human Reproductive Technology Act 1991 amended

     s. 12


1          (2)   Delete section 23(2).

2    12.         Section 26 amended
3                In section 26(1):
4                  (a) in paragraph (c) delete "woman" and insert:
5

6                        person
7

8                 (b)    in paragraph (d) delete "woman" and insert:
9

10                       person
11

12                 (c)   in paragraph (d) after "the egg" insert:
13

14                       or embryo
15


16   13.         Section 33 amended
17               In section 33(2)(ea) delete "29(5)(a); and" and insert:
18

19               29(5)(aa); and
20


21   14.         Section 53R amended
22               In section 53R(5) delete "Act 2003 of the Commonwealth" and
23               insert:
24

25               for Reproduction Act 2002 (Commonwealth)
26




     page 6
      Human Reproductive Technology and Surrogacy Legislation Amendment
                                                                Bill 2018
            Human Reproductive Technology Act 1991 amended         Part 2

                                                                           s. 15


1    15.     Section 55A inserted
2            After section 55 insert:
3


4          55A.    Use of powers in connection with Surrogacy
5                  Act 2008
6            (1)   An authorised officer may exercise a power conferred
7                  by section 54 for the purposes of investigating whether
8                  or not the Surrogacy Act 2008 is being or has been
9                  contravened by a licensee or in connection with the
10                 provision of reproductive technology treatment.
11           (2)   A justice may exercise the power conferred by
12                 section 55(1) in relation to an offence under the
13                 Surrogacy Act 2008 if there is reason to suspect that
14                 the offence is, or is likely to be, committed by a
15                 licensee or in connection with the provision of
16                 reproductive technology treatment.
17           (3)   For the purposes of this section, references in
18                 sections 54 and 55 to this Act include references to the
19                 Surrogacy Act 2008.
20


21   16.     Various references to Commonwealth Act amended
22           In the provisions listed in the Table delete "Prohibition of
23           Human Cloning Act 2002 of the Commonwealth" and insert:
24

25           Prohibition of Human Cloning for Reproduction Act 2002
26           (Commonwealth)
27

28                                      Table
            s. 53A(2)                      s. 53B(1) def. of chimeric
                                           embryo par. (b)


                                                                        page 7
Human Reproductive Technology and Surrogacy Legislation Amendment
Bill 2018
Part 2       Human Reproductive Technology Act 1991 amended

s. 16


         s. 53B(1) def. of hybrid   s. 53R(3)
         embryo par. (e)

         s. 53ZG(2)




page 8
      Human Reproductive Technology and Surrogacy Legislation Amendment
                                                                Bill 2018
                               Surrogacy Act 2008 amended          Part 3

                                                                                s. 17


1                   Part 3 -- Surrogacy Act 2008 amended
2    17.          Act amended
3                 This Part amends the Surrogacy Act 2008.

4    18.          Section 19 amended
5          (1)    Delete section 19(1)(b) and insert:
6

7                        (b)   there were medical or social reasons for the
8                              surrogacy arrangement when the surrogacy
9                              arrangement was entered into.
10

11         (2)    Delete section 19(2) and insert:
12

13               (1A)   For the purposes of subsection (1)(b), there are medical
14                      or social reasons for a surrogacy arrangement if --
15                        (a) in the case of a surrogacy arrangement
16                              involving 1 arranged parent, the arranged
17                              parent is an eligible woman or a man; or
18                        (b) in the case of a surrogacy arrangement
19                              involving 2 arranged parents, the arranged
20                              parents are married to, or in a de facto
21                              relationship with, each other and are --
22                                 (i) an eligible woman and a man; or
23                                (ii) 2 eligible women; or
24                               (iii) 2 men.
25                (2)   In subsection (1A) --
26                      eligible woman means a woman who --
27                        (a) is likely to be unable to conceive a child due to
28                              medical reasons not excluded by subsection (3);
29                              or



                                                                              page 9
     Human Reproductive Technology and Surrogacy Legislation Amendment
     Bill 2018
     Part 3       Surrogacy Act 2008 amended

     s. 18


1                     (b)   although able to conceive a child, is likely to be
2                           unable to give birth to a child due to medical
3                           reasons; or
4                     (c)   although able to conceive a child, is likely to
5                           conceive a child affected by a genetic
6                           abnormality or a disease.
7

8       (3)    In section 19(3):
9                (a) after "being" insert:
10

11                    likely to be
12

13              (b)   delete "the definitions of eligible couple and eligible
14                    person" and insert:
15

16                    paragraph (a) of the definition of eligible woman
17


18




     page 10

 


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