Unlicensed practices
6 Unlicensed practices
No person shall cause or permit —
any procedure to be carried out related to the storage of —
a human egg intended for use in an in vitro fertilisation procedure; or
a human egg undergoing fertilisation; or
a human embryo;
or
human sperm, having been obtained from different men, to be kept; or
an artificial fertilisation procedure, other than an artificial insemination to which section 28(3) applies, to be carried out; or
any other use, outside the body of a woman, of a human embryo, if the use is not for a purpose relating to the reproductive technology treatment of the woman,
except pursuant to a licence or exemption by which it is authorised under this Act.
A person who contravenes subsection (1) commits a crime and is liable to imprisonment for 5 years.
Summary conviction penalty: Imprisonment for one year.
[(3) deleted]
If an offence referred to in subsection (1) is shown to have been committed after the service upon the alleged offender of a notice in the prescribed form signed by the CEO drawing attention to a continuing state of affairs alleged in that notice to contravene subsection (1), the offender is liable to a penalty of $10 000, in addition to the penalty specified in subsection (2) or (3), in respect of each day on which that offence is continued after the service of that notice.
It shall not be a defence to proceedings for an offence against this section to allege that the accused believed that what was done was —
authorised by a licence or exemption under this Act; or
done at the request of, or with the consent of, a participant.
[Section 6 amended: No. 17 of 2004 s. 9; No. 84 of 2004 s. 82; No. 28 of 2006 s. 270(1).]
This provision refers to the regulations (prescribed form
). Made under this Act:
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