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This Act is the Assisted Reproductive Technology Act 2024.
The dictionary at the end of this Act is part of this Act.
The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘child—see the Children and Young People Act 2008, section 11.’ means that the term ‘child’ is defined in that Act and the definition applies to this Act.
A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this Act.
Other legislation applies in relation to offences against this Act.
Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
This Act does not limit or otherwise affect—
the regulation of a public health risk activity under the Public Health Act 1997; or
the operation of the following:
the Human Cloning and Embryo Research Act 2004;
the Mutual Recognition Act 1992 (Cwlth);
the Parentage Act 2004;
the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
The objects of this Act are to regulate—
the provision of assisted reproductive technology services; and
access to information in relation to assisted reproductive technology services.
The following principles must be given effect in administering this Act, or in carrying out an activity regulated by this Act:
the welfare and interests of people born, or to be born, as a result of assisted reproductive technology treatment must be protected;
assisted reproductive technology treatment must never be used to exploit, in trade or otherwise—
the reproductive capabilities of individuals; or
children born as a result of assisted reproductive technology treatment;
donor conceived people have a right to information about their donors;
the health and wellbeing of people undergoing assisted reproductive technology treatment must be protected.
In this Act:
ART treatment (or assisted reproductive technology treatment)—
means medical treatment or a procedure that procures, or attempts to procure, pregnancy in a person other than by sexual intercourse; and
includes a related treatment or procedure prescribed by regulation; but
does not include self-insemination.
Examples
artificial insemination (other than self-insemination)
in-vitro fertilisation
gamete intrafallopian transfer
In this Act:
ART service means any of the following provided for fee or reward, or in carrying on a business (whether or not for profit):
ART treatment;
storage of gametes and embryos for use in ART treatment;
a procedure to obtain a gamete from a gamete provider for use in ART treatment or for research in relation to ART treatment.
In this Act:
ART provider—
means a person who provides an ART service; but
does not include a person who provides an ART service on behalf of a registered ART provider under a contract of employment or contract for services.
A person is eligible to be registered as an ART provider if—
the person holds ART accreditation; and
the person has not been convicted or found guilty of an offence against ART legislation; and
the person is not currently prohibited; and
for a person that is a corporation—no executive officer of the corporation—
is an executive officer of another corporation that is currently prohibited; or
was an executive officer of another corporation that is currently prohibited when the prohibition took effect; or
has been convicted or found guilty of an offence because of section 118 (Criminal liability of executive officer).
In this section:
prohibited means prohibited under division 7.3 from carrying on a business that provides ART services.
A person may apply to the director-general for registration as an ART provider.
An application for registration must include the following:
the applicant’s name;
the address of each premises at which the applicant proposes to provide ART services;
the name of each doctor who is to perform or supervise ART services provided by the applicant;
the name of each person who is to provide counselling services in relation to ART services provided by the applicant;
evidence that the applicant holds ART accreditation;
any other information or document prescribed by regulation.