Offence — commercial trading in human eggs, human sperm or human embryos
53Q Offence — commercial trading in human eggs, human sperm or human embryos
A person commits a crime if the person gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo.
A person commits a crime if the person receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo.
A person who commits an offence against this section is liable to a fine of 600 penalty units or imprisonment for 10 years or both.
Summary conviction penalty: A fine of 120 penalty units or imprisonment for 2 years or both.
In this section —
reasonable expenses —
in relation to the supply of a human egg or human sperm includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and
in relation to the supply of a human embryo —
does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo; and
includes, but is not limited to, expenses relating to the storage or transport of the embryo;
valuable consideration, in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.
[Section 53Q inserted: No. 18 of 2004 s. 8.]
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