Export of gametes or embryos from ACT
45 Export of gametes or embryos from ACT
An ART provider commits an offence if—
it exports a gamete or embryo, or causes a gamete or embryo to be exported, from the ACT; and
the gamete or embryo is exported or caused to be exported without the gamete provider’s consent, or in a way that is inconsistent with the gamete provider’s consent.
Maximum penalty: 100 penalty units.
Subsection (1) does not apply if the gamete provider is deceased and the ART provider exports the gamete or embryo for the purpose of its authorised use (including use authorised by a court order under section 37).
The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Division 4.5 Record keeping requirements
This Act’s bill:Explanatory statementSecond reading speech
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