Human Cloning and Embryo Research Act 2004

This Act is the Human Cloning and Embryo Research Act 2004.

The dictionary at the end of this Act is part of this Act.

Note 1 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 in this Act.

For example, the signpost definition ‘human embryo—see section 6.’ means that the term ‘human embryo’ is defined that section.

Note 2 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.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 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).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The object of this Act is to address concerns, including ethical concerns, about scientific developments in relation to human reproduction and the utilisation of human embryos—

by prohibiting certain practices; and

by regulating activities that involve the use of certain human embryos created by assisted reproductive technology or by other means.

In this Act:

human embryo means a discrete entity that has arisen from either—

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

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

However, human embryo does not include a—

hybrid embryo; or

human embryonic stem cell line.

In working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded.

In this Act:

human embryo clone means a human embryo that is a genetic copy of another living or dead human, but does not include a human embryo created by the fertilisation of a human egg by human sperm.

To establish that a human embryo clone is a genetic copy of a living or dead human—

it is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and

it is not necessary to establish that the copy is an identical genetic copy.

A human embryo that results from the technological process known as embryo splitting is taken not to be created by a process of fertilisation of a human egg by human sperm.

Part 2 Prohibited practices

Division 2.1 Practices that are completely prohibited

A person commits an offence if the person intentionally places a human embryo clone in the body of a human or the body of an animal.

Maximum penalty: imprisonment for 15 years.

Note The development of a human embryo (including a human embryo clone) outside the body of a woman for more than 14 days is prohibited by s 12.

It is not a defence to an offence against section 8 that the human embryo clone did not survive or could not have survived.

A person commits an offence if the person intentionally creates a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman, unless the person’s intention in creating the embryo is to attempt to achieve pregnancy in a particular woman.

Maximum penalty: imprisonment for 15 years.

Despite the Criminal Code, section 58 (3), a defendant does not bear an evidential burden in relation to anything mentioned in subsection (1).

11 Offence—creating or developing human embryo by fertilisation that contains genetic material provided by more than 2 people

A person commits an offence if—

the person intentionally creates or develops a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman; and

the human embryo contains genetic material provided by more than 2 people.

Maximum penalty: imprisonment for 15 years.

A person commits an offence if the person intentionally develops a human embryo outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended.

Maximum penalty: imprisonment for 15 years.

A person commits an offence if—

the person alters the genome of a human cell in such a way that the alteration is heritable by descendants of the human whose cell was altered; and

in altering the genome, the person intended the alteration to be heritable by descendants of the human whose cell was altered.

Maximum penalty: imprisonment for 15 years.

In this section:

human cell includes a human embryonal cell, a human fetal cell, human sperm or a human egg.