Definitions for pt 3
23 Definitions for pt 3
In this part:
accredited ART centre means an entity accredited to carry out assisted reproductive technology by—
the Reproductive Technology Accreditation Committee of the Fertility Society of Australia; or
if the regulations prescribe another body or other bodies in addition to, or instead of, the body mentioned in paragraph (a)—that other body or any of those other bodies, as the case requires.
confidential commercial information means information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.
disclose information means give or communicate the information in any way.
HREC means a human research ethics committee.
proper consent, in relation to the use of an excess ART embryo or a human egg, or the creation or use of any other embryo, means consent obtained in accordance with—
the Ethical guidelines on the use of assisted reproductive technology in clinical practice and research, issued by the CEO of the NHMRC in 2017 and updated in 2023; or
The guidelines are accessible at www.nhmrc.gov.au.
if other guidelines are issued by the CEO of the NHMRC and prescribed by regulations made for the Research Involving Human Embryos Act 2002 (Cwlth), section 24 (9), definition of proper consent—those guidelines, rather than the guidelines mentioned in paragraph (a).
relevant Territory entity means the entity notified by the Territory to the chairperson of the NHMRC licensing committee for the Research Involving Human Embryos Act 2002 (Cwlth), part 2.
responsible person means—
in relation to an excess ART embryo—
each person who provided the egg or sperm from which the embryo was created; and
the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and
anyone who was the domestic partner of a person mentioned in subparagraph (i) when the egg or sperm mentioned in that subparagraph was provided; and
anyone who was the domestic partner of the woman mentioned in subparagraph (ii) when the embryo was created; or
For the meaning of domestic partner, see the Legislation Act, s 169.
in relation to an embryo other than an excess ART embryo—each person whose reproductive material, genetic material or cell was used, or is proposed to be used, in the creation or use of the embryo; or
in relation to a human egg—the woman who was the biological donor of the egg.
unsuitable for implantation—a human embryo is unsuitable for implantation if it—
is diagnosed by preimplantation genetic diagnosis as unsuitable for implantation, in accordance with the Ethical guidelines on the use of assisted reproductive technology in clinical practice and research, issued by the CEO of the NHMRC in 2017 and updated in 2023; or
The guidelines are accessible at www.nhmrc.gov.au.
is determined to be unsuitable for implantation in the body of a woman, in accordance with objective criteria specified in guidelines issued by the CEO of the NHMRC and prescribed by regulations made for the Research Involving Human Embryos Act 2002 (Cwlth), section 7 (1), definition of unsuitable for implantation, paragraph (b).
use includes develop.
If an Act defines a term, other parts of speech and grammatical forms of the term have a corresponding meaning (see Legislation Act, s 157).
This Act’s bill:Explanatory statementSecond reading speech
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