Version No. 030

Infertility Treatment Act 1995

No. 63 of 1995

Version incorporating amendments as at 12 June 2007

table of provisions

Section Page

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Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

3 Definitions 2

4 Interpretation 12

5 Guiding principles 13

5A Act to bind the Crown 14

Part 2—Treatment Procedures 15

Division 1—General 15

6 Fertilisation procedures 15

7 Donor insemination 15

Division 2—General requirements for treatment procedures 16

8 Persons who may undergo treatment procedures 16

9 Requirements as to consent 17

10 Information 18

11 Counselling 18

Division 3—Requirements for donors 19

12 Donation of gametes or embryos 19

13 Consent of spouse of donor 20

14 Requirements as to consent 21

15 Objection by later spouse 23

16 Counselling requirements 24

17 Requirements as to the giving and receiving of information 24

18 Identified donors 25

19 Requirements as to consent to use of gamete etc. from identified donor 26

Division 4—Requirements for donor treatment procedures 27

20 Circumstances in which donor procedure may be used 27

21 Information and advice 29

Part 2A—Regulation of Certain Uses Involving Excess Art Embryos, other Embryos and Human Eggs 30

Division 1—Interpretation 30

21A Definitions 30

21B Meaning of excess ART embryo 33

Division 2—Offences 33

21C Offence—use of excess ART embryo 33

21CA Offence—use of other embryos 35

21CB Offence—certain activities involving use of human eggs 36

21D Offence—use of embryo that was created by fertilisation and
that is not an excess ART embryo 37

21E Offence—breaching a licence condition 37

21EA Person not liable for conduct purportedly authorised 38

Division 3—Embryo Research Licensing Committee of the NHMRC 38

21F Functions of Committee 38

21G Powers of Committee 38

Division 4—Licensing system 39

21H Person may apply for licence 39

21I Determination of application by Committee 40

21J Notification of decision 42

21K Period of licence 42

21L Licence is subject to conditions 42

21M Variation of licence 45

21N Suspension or revocation of licence 45

21O Surrender of licence 46

21P Notification of variation, suspension or revocation of licence 46

Division 5—Reporting and confidentiality 46

21Q NHMRC Licensing Committee to make certain information publicly available 46

21R Confidential commercial information may only be disclosed
in certain circumstances 47

Division 6—Review provisions 49

21S Meaning of terms 49

21T Review of decisions 50

Division 7—Monitoring powers 51

21U Powers available to inspectors for monitoring compliance 51

21V Monitoring powers 52

21W Power to secure 54

21WA Monitoring warrants 54

21WB Details of warrant to be given to occupier etc. 55

21WC Announcement before entry 56

21WD Occupier entitled to be present during search 56

21X Inspector must produce identity card on request 56

21Y Consent 56

21Z Compensation for damage 57

21ZA Extended operation of Division 57

Part 3—Research 58

Division 1—Offences 58

22 Research 58

23 Places for research 59

24 Ban on destructive research on non-excess ART embryos 59

25 Authority must not approve destructive research on
non-excess ART embryos 60

26 Authority must not approve certain research on oocytes in the process of fertilisation 60

Division 2—Preliminary requirements for research involving embryos 61

27 Consent to research involving embryos 61

28 Consent of spouse of donor 62

29 Requirements as to consent 63

30 Objection by later spouse 63

31 Counselling requirements 64

32 Information requirements 65

Division 3—Repealed 65

33 Repealed 65

Division 4—Preliminary requirements for other research involving gametes 65

34 Consent to research using gametes 65

35 Requirements as to consent 66

Division 5—Application of Part 66

35A Meaning of research in this Part 66

Part 4—Procedures Relating to Consents 67

36 Approved form to be used 67

37 Withdrawal of consent 67

38 Lapsing of consent 67

Part 4A—Prohibited Practices Including Prohibition on Human Cloning for Reproduction 69

Division 1—Practices that are completely prohibited 69

38A Repealed 69

38B Offence—placing a human embryo clone in the human body
or the body of an animal 69

38C Offence—importing or exporting a human embryo clone 69

38D No defence that human embryo clone could not survive 70

38E Repealed 70

38F Offence—creating a human embryo for a purpose other than achieving pregnancy in a woman 70

38G Offence—creating or developing a human embryo by
fertilisation that contains genetic material provided by more
than 2persons 71

38H Offence—developing a human embryo outside the body of a woman for more than 14 days 71

38I Repealed 71

38J Offence—heritable alterations to genome 72

38K Offence—collecting a viable human embryo from the body
of a woman 72

38L Offence—creating a chimeric or hybrid embryo 72

38LA Offence—developing a hybrid embryo 73

38M Offence—placing of an embryo 73

38N Offence—importing, exporting or placing a prohibited embryo 73

38O Offence—commercial trading in human eggs, human sperm or human embryos 75

Division 2—Practices that are prohibited unless authorised by a licence 76

38OA Offence—creating a human embryo other than by fertilisation, or developing such an embryo 76

38OB Offence—creating or developing a human embryo
containing genetic material provided by more than
2persons 77

38OC Offence—using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such
an embryo 78

38OD Offence—creating a hybrid embryo 78

Part 5—Other Miscellaneous Offences 80

Division 1—Prohibited procedures 80

38P Application of Division 80

39 Repealed 80

40 Transfer of gametes or embryos used for research 80

41 Ban on procedures involving gametes produced by children 81

42 Repealed 81

43 Ban on procedures involving gametes of people known to be dead 82

44, 45 Repealed 82

46 Ban on certain procedures 82

47–49 Repealed 83

50 Ban on sex selection 83

Division 2—Storage 84

50A Application of Division 84

51 Storing gametes 84

52 Storing embryos 85

53 Removal of embryos from storage 86

54 Places of storage 87

55 Ban on use of gametes or embryos not stored at licensed centre 88

Division 3—General offences 88

56 Import or export of gametes and embryos 88

57 Repealed 90

58 False or misleading information 90

Part 6—Surrogate Motherhood 91

59 Surrogacy 91

60 Surrogacy—advertising 91

61 Surrogacy agreements void 92

Part 7—Records and Access to Information 93

Division 1—Records 93

62 Register to be kept for licensed centre 93

63 Register to be kept by doctor carrying out donor insemination 95

64 Information to be given to the Authority by licensed centres 97

65 Information to be given to the Authority by doctors not at licensed centres 98

66 Information to be given under section 64 and 65 99

67 Information to be given to the Authority about births by other persons 99

68 Authority to keep a central register 101

69 Authority to correct central register 101

70 Inspection of Registers 101

Division 2—Information to be given by licensed centres and
doctors 102

71 Information recorded by licensed centre or doctor which is to
be given to persons undergoing donor treatment procedures 102

72 Information recorded by licensed centre or doctor which is to
be given to donors 104

73 Information about pregnancy, birth or transfer 106

Division 3—Information to be given from central register 107

74 Application by parents for information contained on central register 107

75 Authority to give information about donor to parents 108

76 Application by donor for information about persons born as a result of donor treatment procedures and parents of such
persons 109

77 Authority to give information about person born as a result
of a donor treatment procedure 110

78 Authority to give information about parents 111

79 Application by person born as a result of a donor treatment procedure or descendant for information about donor 113

80 Authority to give information about donor to person born as
the result of a procedure 113

81 Counselling not applicable in certain circumstances 114

82 Donor treatment procedure information register 115

Division 4—General provisions 116

83 Information 116

84 Waiver of fees 116

85 Disclosure of information to a medical practitioner 116

86 Records of information given 117

87 Consent 117

88 Authority may refuse to give information 117

89 Confidentiality—information which may identify 118

90 Confidentiality—non-identifying information 123

91 Closure of court or tribunal 125

92 Exemption from Freedom of Information Act 1982 125

Part 7A—Pre-1 July 1988 Procedure Information 127

92A Definitions 127

92B Application of Part 127

92C Recording of pre-1 July 1988 information 128

92D Release of information 129

92E Request for release of information 129

92F Authority to comply with wishes of person who provided information 129

92G Authority may give information 129

92H Counselling waived in certain circumstances 130

92I Offences 131

Part 8—Licences, Approvals and Designated Officers 132

Division 1—Licensing of places 132

93 Licence application—hospitals and day procedure centres 132

94 Licence application—research institutions 133

95 Designation of principal doctor or principal scientist 133

96 Licence applications—general procedure 134

97 Authority may grant or refuse licence 135

Division 2—Approval to carry out research 136

98 Application for approval to carry out research 136

99 Approval by Authority to carry out research 137

100 Report of results of research to Authority 137

Division 3—Approval of persons carrying out treatment proceduresor research 138

101 Application for approval of doctor or scientist 138

102 Authority may grant or refuse approval 139

Division 4—Approved counsellors 139

103 Application for approval of counsellors 139

104 Authority may grant or refuse approval 140

Division 5—General provisions about licences, approvals and exemptions 140

104A Application of Part 140

105 Form and content of licence or approval 140

106 Power of Authority to impose conditions 141

107 Provision of information 142

108 Variation of conditions of licences or approvals under this Part 142

109 Variation of approvals and exemptions under Part 5 143

110 Offence of failing to comply with terms etc. of licence or approval 143

110A Formation of embryos 144

111 Duration and renewal of licence or approval 144

112 Application for renewal 145

113 Suspension of licence, approval or exemption 146

114 Immediate suspension 146

115 Cancellation of licence, approval or exemption 147

116 Orders 149

117 Notification about approvals and licences 152

118 Notification to Minister 153

Division 6—Designated officers 154

119 Designated officers for licensed centres 154

120 If no designated officer appointed 154

Part 9—Infertility Treatment Authority 156

Division 1—Constitution of the Authority 156

121 Establishment of Authority 156

122 Powers, functions, duties and consultation requirements 156

123 Membership 158

124 Terms of office 159

125 Resignation and removal 159

126 Chairperson and Deputy Chairperson 160

127 Acting member 160

128 Payment of members 161

129 Procedure of Authority 161

130 Effect of vacancy or defect 161

131 Member's interests 162

132 Immunity 163

133 Engagement or employment of persons 163

134 Delegation 163

135 Committees 164

Division 2—Supplementary powers 164

136 Powers of Authority in relation to fees 164

Division 3—Reporting and financial provisions 165

137 Report to Minister 165

138 Infertility Treatment Authority Fund 167

139 Investment powers 167

Part 10—Repealed 168

140–148 Repealed 168

Part 11—Review of Decisions 169

149 Review of decisions 169

Part 12—General 171

150 Decisions by Authority not reviewable 171

151 No action if gametes used without knowing consent withdrawn
or lapsed 171

152 Conscientious objections 171

153 Record of consent or objection and withdrawal of consent or objection 172

154 Transfer of documents 173

155 Authorised officers 174

156 Powers and duties of members of Authority and authorised officers 174

157 Offence to obstruct or hinder 175

158 Additional liability for offences 175

159 Application of Public Records Act 1973 176

160 Prohibition on destruction of documents 176

161 Evidence 176

162 Search warrants 177

163 Indictable offences 179

164 Supreme Court—limitation of jurisdiction 179

Part 13—Regulations 181

165 Regulations 181

Part 14—Review and Transitional Provisions 185

Division 1—Review of Parts 2A and 4A 185

166 Review of operation of Parts 2A and 4A 185

167–170 Repealed 186

Division 2—Transitional provisions 186

171 Definitions 186

172 General transitional provision 189

173 Regulations 189

174 Donations 190

175 Consents 191

176 Eligibility for fertilisation procedures 192

177 Eligibility to undergo donor insemination 193

178 Eligibility—research procedures 194

179 Partial compliance 194

180 Identified donors under section 16 of the repealed Act 197

181 Recording and disclosing information—general 198

182 Registers and records 204

183 Recording and giving information 204

184 Access to information 205

185 Gametes, zygotes and embryos in storage 208

186 Application of time limits for storage of zygotes and embryos 208

187 Removal from storage 209

188 Use of stored gametes, zygotes and embryos 209

189 Approval of research procedures 210

190 Approval of counsellors 210

191 Approval of premises 211

192 Review of Ministerial decisions 213

193 Ministerial directions 213

194 Abolition of former Committee 214

195 Repealed 214

196 Exemptions 215

197 Existing immunity not affected 216

198 Superseded references 216

199 Further savings and transitional provisions 218

Division 3—Savings and transitional provisions (2003 Act) 218

200 Definition 218

201 Status of certain licences and approvals 219

202 Regulations 219

203 General transitional provision 219

Division 4—Savings and transitional provisions (2007 Act) 220

204 Definition 220

205 Existing applications for licences 220

206 Existing licences 220

207 Offences 220

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ENDNOTES 222

1. General Information 222

2. Table of Amendments 223

3. Explanatory Details 225

INDEX 226

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Version No. 030

Infertility Treatment Act 1995