34
In forceUse of gametes or embryos in ART treatment
Part 4Provision of ART services
Division 4.3Use of gametes and embryos
34 Use of gametes or embryos in ART treatment
(1)
An ART provider commits an offence if—
(a)
it provides ART treatment to a person using a gamete; and
(b)
the gamete is used without the gamete provider’s consent, or in a way that is inconsistent with the gamete provider’s consent.
Maximum penalty: 200 penalty units.
(2)
Subsection (1) does not apply if the ART provider uses the gamete in accordance with a court order under section 37 (Authorisation of posthumous use).
Note
The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
This Act’s bill:Explanatory statementSecond reading speech
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