Assisted Reproductive Technology Act 2024

An ART provider commits an offence if—

it stores a gamete or embryo; and

the gamete or embryo is stored—

without the gamete provider’s consent; or

in a way that is inconsistent with the gamete provider’s consent.

An ART provider commits an offence if—

it stores a gamete or embryo; and

the gamete or embryo is stored for longer than the shortest of the following periods:

a storage period the ART provider has proposed by written notice to the gamete provider (whether before or after the gamete was obtained);

the storage period stated in the gamete provider’s consent or, for an embryo, the shortest storage period stated in the gamete providers’ consents;

for a donated gamete—15 years after the day the gamete was obtained from the donor plus any additional period authorised by the director-general under section 39 (2);

for an embryo created from a donated gamete, or a donated embryo—15 years after the day the embryo was created plus any additional period authorised by the director‑general under section 39 (2).

Subsection (1) and (2) do not apply to an ART provider if—

it is required to store the gamete under section 26 (Provision of ART treatment to child or young person); or

it has a reasonable excuse for contravening a storage requirement under subsection (1) or (2); or

a gamete provider is deceased and the ART provider stores their gamete or embryo for the purpose of its authorised use (including use authorised by a court order under section 37) or to allow a person to apply for a court order under section 37.

The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).