Expiry—pt 12

In force

This part expires 15 years after the day it commences.

Note

A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Dictionary (see s 3)

Note

The Legislation Act contains definitions relevant to this Act. For

example:

 ACT

 adult

 director-general (see s 163)

 disallowable instrument (see s 9)

 doctor

 domestic partner (see s 169 (1))

 Executive

 exercise

 fail

 found guilty

 function

 home address

 individual

 in relation to

 Minister (see s 162)

 notifiable instrument (see s 10)

 parent

 penalty unit (see s 133)

 the Territory.

accessible information, about a donor, for division 6.3 (Access to information held by ART providers)—see section 75.

ART accreditation means accreditation by any of the following:

(a)

the Reproductive Technology Accreditation Committee of the Fertility Society of Australia and New Zealand (ACN 006 214 115);

(b)

a body prescribed for the Research Involving Human Embryos Act 2002 (Cwlth), section 8, definition of accredited ART centre, paragraph (b);

(c)

another body prescribed by regulation.

artificial insemination means a procedure of transferring sperm without also transferring an oocyte into the vagina, cervical canal or uterus of a person.

ART legislation means this Act and the following:

(a)

the Human Cloning and Embryo Research Act 2004;

(b)

the Prohibition of Human Cloning for Reproduction Act 2002 (Cwlth);

(c)

the Research Involving Human Embryos Act 2002 (Cwlth).

ART provider—

(a)

for this Act generally—see section 11; and

(b)

for part 6 (Pre-commencement records and other information held by ART providers)—see section 71.

ART service—see section 10.

ART treatment (or assisted reproductive technology treatment)—see section 9.

assessed by a counsellor, for part 5 (Donor register)—see section 51 (2).

associated entity, of a corporation, for part 7 (Regulatory action)—see section 78.

authorised person, for part 8 (Enforcement)—see section 89.

child—see the Children and Young People Act 2008, section 11.

commencement day means—

(a)

for part 5 (Donor register)—see section 50; and

(b)

for part 6 (Pre-commencement records and other information held by ART providers)—see section 71.

connected, for part 8 (Enforcement)—see section 89.

consent, of a gamete provider, means consent given by the gamete provider under section 29.

donated embryo means an embryo donated after its creation for use by someone other than—

(a)

the gamete providers from whom the gametes used to create the embryo were obtained; or

(b)

a domestic partner of the gamete providers.

donated gamete—

(a)

means a gamete donated by a gamete provider for use by someone other than the gamete provider or their domestic partner, and

(b)

includes a gamete used to create a donated embryo, whether or not the gamete was originally obtained from the gamete provider as a donated gamete and whether or not the embryo was originally created for use as a donated embryo.

donor—

(a)

means a gamete provider from whom a donated gamete is obtained; and

(b)

in relation to a donor conceived person—

(i)

means the gamete provider of a donated gamete used in ART treatment resulting in the person’s birth; and

(ii)

for part 5 (Donor register)—see section 50.

donor code, for part 5 (Donor register)—see section 50.

donor conceived, in relation to a person—

(a)

means a person born as a result of ART treatment using a donated gamete; and

(b)

for part 5 (Donor register)—see section 50.

donor register means the register established under section 52.

donor sibling, in relation to a donor conceived person—

(a)

means the person’s sibling born as a result of ART treatment using a gamete donated by the person’s donor; and

(b)

for part 5 (Donor register)—see section 50.

embryo means a discrete entity that—

(a)

has arisen from either—

(i)

the first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or

(ii)

any other process that initiates organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears; and

(b)

has not yet reached 8 weeks of development since the first mitotic division.

executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

full name, in relation to a donor, means each full name ever used by the donor.

gamete—

(a)

means a human sperm or a human oocyte; and

(b)

for a gamete used in the provision of ART treatment—includes an embryo created from the gamete.

gamete provider—

(a)

in relation to a gamete—means the person from whom the gamete has been obtained; and

(b)

in relation to an embryo—means a person from whom a gamete used to create the embryo was obtained.

improvement notice—see section 79 (2).

informal donor arrangement, for part 5 (Donor register)—see section 50.

mandatory information means information of a kind given under section 53.

mature donor conceived person, for part 5 (Donor register)—see section 51 (1).

obtain, a gamete, includes receive a gamete.

occupier, of premises, for part 8 (Enforcement)—see section 89.

offence, for part 8 (Enforcement)—see section 89.

pre-commencement record, for part 6 (Pre-commencement records and other information held by ART providers)—see section 71.

premises—

(a)

for this Act generally—includes any land or building and part of any land or building; and

(b)

for part 8 (Enforcement)—see section 89.

prohibition notice—see section 84 (2).

recipient, in relation to an improvement notice or prohibition notice, for part 7 (Regulatory action)—see section 78.

registered ART provider means a person registered as an ART provider under part 3.

related corporation, for part 7 (Regulatory action)—see section 78.

relevant medical history, of a donor, means any medical history or genetic test results of the donor or their family that are relevant to the future health of—

(a)

a person undergoing ART treatment using the donor’s donated gamete; or

(b)

the donor’s donor conceived offspring; or

(c)

a child of the donor’s donor conceived offspring.

remote application, for division 8.5 (Warrants)—see section 100 (3).

retention period, in relation to a pre-commencement record, for part 6 (Pre-commencement records and other information held by ART providers)—see section 71.

reviewable decision, for part 10 (Notification and review of decisions)—see section 122.

self-insemination means artificial insemination not performed or supervised by a doctor on behalf of a registered ART provider.

warrant, for part 8 (Enforcement)—see section 89.

warrant form, for division 8.5 (Warrants)—see section 103 (2).

warrant terms, for division 8.5 (Warrants)—see section 102 (2).

young person—see the Children and Young People Act 2008, section 12.

This Act’s bill:Explanatory statement Second reading speech

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133 Expiry—pt 12