Assisted Reproductive Technology Act 2024 (ACT)
Assisted Reproductive Technology Act 2024
A2024-7
Republication No 4
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Assisted Reproductive Technology Act 2024 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Assisted Reproductive Technology Act 2024
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 2
6 Application of Act 3
Part 2 Objects and important concepts
7 Objects of Act 4
8 Principles of Act 4
9 Meaning of ART treatment 4
10 Meaning of ART service 5
11 Meaning of ART provider 5
Part 3 Registration of ART providers
12 Eligibility for registration 6
13 Application for registration 6
14 Application for renewal 7
15 Deciding applications 7
16 Conditions on registration 8
17 Term of registration 8
18 Cancellation of registration 9
19 Requirement to notify director-general about certain events 9
20 Register of ART providers 10
Part 4 Provision of ART services
Division 4.1 General requirements
21 Requirement to be registered 12
22 Performance and supervision of ART services 12
23 Requirement to offer counselling before providing ART service 13
24 Requirement to give certain information before providing ART service 14
25 Disclosure of personal health information by ART provider 16
26 Provision of ART treatment to child or young person 18
27 Infection control standards 18
Division 4.2 Consent of gamete providers
28 Requirement to obtain consent of gamete provider 19
29 Form and content of consent 19
30 Modification or withdrawal of consent 20
31 Requirement to verify identity of gamete provider 20
32 Requirement to confirm consent in certain cases 21
Division 4.3 Use of gametes and embryos
33 Use of gamete to create embryo outside body 22
34 Use of gametes or embryos in ART treatment 23
35 Use of gametes or embryos for research 23
36 Posthumous use of gametes or embryos 23
37 Authorisation of posthumous use 24
38 Use of gametes obtained more than 5 years ago 25
39 Donated gametes or embryos—time limits on use 26
40 Donated gametes or embryos—limits on number of families 27
41 Requirement to give information about number of families 28
42 Use of gametes to create embryo with close family member 29
Division 4.4 Storage and transfer of gametes and embryos
43 Storage of gametes or embryos 30
44 Supply of gametes or embryos to another person 31
45 Export of gametes or embryos from ACT 32
Division 4.5 Record keeping requirements
46 Requirement to collect information about gamete provider 32
47 Requirement to collect information about person undergoing ART treatment 33
48 Requirement to keep records 34
49 Information sharing between ART providers 36
Part 5 Donor register
Division 5.1 Preliminary
50 Definitions—pt 5 37
51 Meaning of mature donor conceived person—pt 5 37
52 Donor register 38
Division 5.2 Information in donor register
53 Mandatory information 38
54 Voluntary information about donors 40
55 Voluntary information about donor conceived people 41
56 Voluntary information about informal donor arrangements 42
57 Voluntary information about personal characteristics 42
58 Voluntary information about contact preferences 43
59 Information entered on director-general’s own initiative 43
Division 5.3 Measures to ensure accuracy of information
60 Requirement to ensure accuracy 44
61 Direction to give information about donor conceived person 45
62 Information sharing between director-general and registrar-general 46
Division 5.4 Disclosure of information in donor register
63 Disclosure of information in donor register generally 47
64 Disclosure to subject of information 47
65 Disclosure to donor 48
66 Disclosure to donor conceived person 48
67 Disclosure to parent of donor conceived child or young person 49
68 Disclosure of information on director-general’s initiative 50
69 Contacting donor conceived person for consent to disclosure 51
70 Consent to disclosure generally 52
Part 6 Pre-commencement records
Division 6.1 Preliminary
71 Definitions—pt 6 53
Division 6.2 Retention of pre-commencement records
72 Requirement to retain records 53
73 Transfer of records 54
74 Director-general may authorise destruction of records 54
Division 6.3 Access to pre-commencement records
75 Meaning of accessible information—div 6.3 55
76 Application for accessible information about donor 56
77 Disclosure of accessible information by ART provider 56
Part 7 Regulatory action
Division 7.1 Preliminary
78 Definitions—pt 7 58
Division 7.2 Improvement notices
79 Giving improvement notice 58
80 Content of improvement notice 59
81 Extension of compliance period 59
82 Revoking improvement notice 60
83 Contravention of improvement notice 60
Division 7.3 Prohibition notices
84 Giving prohibition notice 61
85 Content of prohibition notice 61
86 Ending prohibition 62
87 Contravention of prohibition notice 63
Division 7.4 Miscellaneous
88 Direction to give information about potential notice recipients 63
Part 8 Enforcement
Division 8.1 Preliminary
89 Definitions—pt 8 65
90 Appointment of authorised people 66
91 Identity cards 66
Division 8.2 Exercise of powers generally
92 Requirements before certain powers can be exercised 67
93 Privilege against self-incrimination does not apply 68
Division 8.3 Power to obtain information
94 Direction to give information 69
95 Direction to give name and address 69
Division 8.4 Power to enter premises
96 Powers of authorised person to enter premises 70
97 Obtaining consent to entry 71
98 General powers on entry to premises 72
Division 8.5 Warrants
99 Definitions—div 8.5 73
100 Application for warrant 74
101 Magistrate may refuse to consider application for warrant until authorised person gives relevant information 74
102 Decision on application for warrant 74
103 Warrant issued on remote application 75
104 Announcement before entry under warrant 76
105 Warrant etc to be given to occupier 77
106 Occupier entitled to watch search etc 77
Division 8.6 Power to seize things
107 Authorised person may seize things at premises 78
108 Moving things to another place for examination or processing under warrant 79
109 Owner etc may access seized things 80
110 Person must not interfere with seized things 80
111 Authorised person must give receipt for seized things 80
112 Return of seized things 81
113 Order disallowing seizure 82
Division 8.7 Miscellaneous
114 Damage etc to be minimised 83
115 Compensation for exercise of enforcement powers 84
Part 9 Procedural and evidentiary provisions
116 Court to notify director-general of offence 85
117 Destruction or falsification of records 85
118 Criminal liability of executive officer 85
119 Evidentiary certificates 87
120 Disclosure of information by ART providers and others 87
121 Protection of public officials from liability 88
Part 10 Notification and review of decisions
122 Meaning of reviewable decision—pt 10 89
123 Reviewable decision notices 89
124 Applications for review 89
Part 11 Miscellaneous
125 Determination of fees 90
126 Applying, adopting or incorporating documents in regulations 90
127 Regulation-making power 91
Part 12 Transitional
128 Definitions—pt 12 92
129 Use, supply and export of gametes and embryos 92
130 Storage of gametes and embryos 92
131 Completion of family—subsequent gametes where person became pregnant before end of transitional period 93
132 Completion of family—embryos created before end of transitional period 93
132A Completion of family—subsequent gametes where embryo created before end of transitional period 94
132B Completion of family—gametes donated and allocated before end of transitional period 94
132C Completion of family—subsequent gametes where gamete allocated before end of transitional period 95
132D Donor taken to consent to use of gametes and embryos for completion of family 96
132E Certain things done or omitted to be done not invalid 97
133 Expiry—pt 12 97
Dictionary98
Endnotes
1 About the endnotes 104
2 Abbreviation key 104
3 Legislation history 105
4 Amendment history 106
5 Earlier republications 108
Assisted Reproductive Technology Act 2024
An Act to regulate assisted reproductive technology services, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Assisted Reproductive Technology Act 2024.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘child—see the Children and Young People Act 2008, section 11.’ means that the term ‘child’ is defined in that Act and the definition applies to this Act.
Note 2A 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)).
Notes
A note included in this Act is explanatory and is not part of this Act.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal 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 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Application of Act
This Act does not limit or otherwise affect—
(a)the regulation of a public health risk activity under the Public Health Act 1997; or
(b)the operation of the following:
(i)the Human Cloning and Embryo Research Act 2004;
(ii)the Mutual Recognition Act 1992 (Cwlth);
(iii)the Parentage Act 2004;
(iv)the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
Part 2Objects and important concepts
Objects of Act
The objects of this Act are to regulate—
(a)the provision of assisted reproductive technology services; and
(b)access to information in relation to assisted reproductive technology services.
Principles of Act
The following principles must be given effect in administering this Act, or in carrying out an activity regulated by this Act:
(a)the welfare and interests of people born, or to be born, as a result of assisted reproductive technology treatment must be protected;
(b)assisted reproductive technology treatment must never be used to exploit, in trade or otherwise—
(i)the reproductive capabilities of individuals; or
(ii)children born as a result of assisted reproductive technology treatment;
(c)donor conceived people have a right to information about their donors;
(d)the health and wellbeing of people undergoing assisted reproductive technology treatment must be protected.
Meaning of ART treatment
In this Act:
ART treatment (or assisted reproductive technology treatment)—
(a)means medical treatment or a procedure that procures, or attempts to procure, pregnancy in a person other than by sexual intercourse; and
(b)includes a related treatment or procedure prescribed by regulation; but
(c)does not include self-insemination.
Examples
· artificial insemination (other than self-insemination)
· in-vitro fertilisation
· gamete intrafallopian transfer
Meaning of ART service
In this Act:
ART service means any of the following provided for fee or reward, or in carrying on a business (whether or not for profit):
(a)ART treatment;
(b)storage of gametes and embryos for use in ART treatment;
(c)a procedure to obtain a gamete from a gamete provider for use in ART treatment or for research in relation to ART treatment.
Meaning of ART provider
In this Act:
ART provider—
(a)means a person who provides an ART service; but
(b)does not include a person who provides an ART service on behalf of a registered ART provider under a contract of employment or contract for services.
Part 3Registration of ART providers
Eligibility for registration
(1)A person is eligible to be registered as an ART provider if—
(a)the person holds ART accreditation; and
(b)the person has not been convicted or found guilty of an offence against ART legislation; and
(c)the person is not currently prohibited; and
(d)for a person that is a corporation—no executive officer of the corporation—
(i)is an executive officer of another corporation that is currently prohibited; or
(ii)was an executive officer of another corporation that is currently prohibited when the prohibition took effect; or
(iii)has been convicted or found guilty of an offence because of section 118 (Criminal liability of executive officer).
(2)In this section:
prohibited means prohibited under division 7.3 from carrying on a business that provides ART services.
Application for registration
(1)A person may apply to the director-general for registration as an ART provider.
(2)An application for registration must include the following:
(a)the applicant’s name;
(b)the address of each premises at which the applicant proposes to provide ART services;
(c)the name of each doctor who is to perform or supervise ART services provided by the applicant;
(d)the name of each person who is to provide counselling services in relation to ART services provided by the applicant;
(e)evidence that the applicant holds ART accreditation;
(f)any other information or document prescribed by regulation.
Application for renewal
(1)A person may apply to the director-general for renewal of their registration as an ART provider within 3 months before, and 3 months after, the registration ends.
NoteIf a person applies for renewal before the registration ends, it continues in force until the application is decided (see s 17 (2)).
(2)An application for renewal must include the following:
(a)information and documents mentioned in section 13 (2) that have changed since last given to the director-general;
(b)evidence that the applicant holds ART accreditation;
(c)any other information or document prescribed by regulation.
Deciding applications
(1)The director-general must approve an application for registration as an ART provider if satisfied—
(a)the applicant is eligible to be registered; and
(b)the application is made in accordance with section 13.
(2)The director-general must approve an application for renewal of registration as an ART provider if satisfied—
(a)the applicant is eligible to be registered; and
(b)the application is made in accordance with section 14.
(3)The director-general must give written notice of their decision to approve or refuse an application to the applicant.
Conditions on registration
(1)A person’s registration as an ART provider is subject to any conditions the director-general considers appropriate.
(2)However, before imposing a condition under subsection (1), the director-general must—
(a)give the person a written notice—
(i)stating the proposed condition; and
(ii)stating the reason for the proposed condition; and
(iii)telling the person that the person may give a written response to the director-general about the matters stated in the notice not later than 28 days after the person receives the notice; and
(b)consider any response given to the director-general in accordance with paragraph (a) (iii).
(3)A condition imposed under this section must not be inconsistent with a condition imposed on the person’s ART accreditation and, to the extent of any inconsistency, is invalid.
Term of registration
(1)A person’s registration as an ART provider—
(a)begins—
(i)on the day the director-general gives the person notice of their decision to approve the person’s application for registration under section 15; or
(ii)for a renewed registration—on the day the director-general approves the person’s application for renewal under section 15; and
(b)ends on the earliest of—
(i)5 years after the day the registration begins; or
(ii)the day the registration is cancelled under section 18.
(2)However, if a person applies for renewal of their registration in accordance with section 14 before the registration ends, it continues in force until the application is decided.
Cancellation of registration
The director-general must cancel a person’s registration as an ART provider if the person—
(a)gives notice of the person ceasing to provide ART services under section 19; or
(b)stops holding ART accreditation; or
(c)is prohibited under division 7.3 from carrying on a business that provides ART services for 12 months or longer.
Requirement to notify director-general about certain events
(1)A registered ART provider must give the director-general written notice of the following events within 7 days after the event happens:
(a)the ART provider ceasing to provide ART services;
(b)a change of premises at which the ART provider provides ART services;
(c)a change to the doctors who perform or supervise ART services provided by the ART provider;
(d)a change to the ART provider’s ART accreditation;
(e)the ART provider contravening any ART legislation;
(f)if the ART provider is a corporation—a change to the address of its registered office or principal place of business;
(g)a change to the people who provide counselling services in relation to ART services provided by the ART provider;
(h)any other event prescribed by regulation.
(2)A registered ART provider commits an offence if it fails to comply with subsection (1).
Maximum penalty: 30 penalty units.
Register of ART providers
(1)The director-general must keep a register of registered ART providers.
(2)The register must contain the following information for each registered ART provider:
(a)the ART provider’s name;
(b)the address of each premises at which the ART provider provides ART services;
(c)the name of each doctor who performs or supervises ART services provided by the ART provider;
(d)the name of each person who provides counselling services in relation to ART services provided by the ART provider.
(3)The register may contain any other information the director-general considers appropriate.
(4)The director-general must make the information in subsection (2) available to the public.
(5)However, the director-general must not make information about a person available to the public if—
(a)the person applies, in writing, for the information not to be made available to the public; and
(b)the director-general is satisfied that the publication of the information would, or could reasonably be expected to, endanger anyone’s life or physical safety.
Part 4Provision of ART services
Division 4.1 General requirements
Requirement to be registered
(1)An ART provider commits an offence if it—
(a)provides an ART service; and
(b)is not a registered ART provider.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if the person—
(a)advertises or holds out that the person is a registered ART provider; and
(b)is not a registered ART provider.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Performance and supervision of ART services
An ART provider commits an offence if—
(a)it provides ART services; and
(b)the ART services are not performed or supervised by a doctor.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Requirement to offer counselling before providing ART service
(1)An ART provider must offer counselling services—
(a)before providing ART treatment—
(i)to a person seeking to undergo the treatment; and
(ii)to a domestic partner of the person seeking to undergo the treatment; and
(b)before obtaining a gamete—to a person proposing to provide the gamete to the ART provider; and
(c)before using a gamete, or an embryo created from the gamete—to the gamete provider if—
(i)the gamete was not originally obtained as a donated gamete; and
(ii)the gamete provider proposes to donate the gamete or embryo for use by someone other than the gamete provider or the gamete provider’s domestic partner.
(2)The counselling services must be available in the ACT, either in person or remotely.
(3)A regulation may prescribe a qualification a person must hold to provide counselling services.
(4)An ART provider commits an offence if it fails to offer counselling services in accordance with this section.
Maximum penalty: 15 penalty units.
(5)Nothing in this section—
(a)prevents a person providing counselling services from charging a reasonable fee for the services; or
(b)requires a person to use counselling services.
Requirement to give certain information before providing ART service
(1)An ART provider must—
(a)tell a person mentioned in an item in table 24, column 2, about the matters mentioned in the item, column 3, before providing an ART service mentioned in the item, column 4; and
(b)confirm that the person understands the matters.
Table 24
| column 1 item | column 2 person | column 3 matters | column 4 ART service |
| 1 | person seeking to undergo ART treatment not using donated gametes | basic matters | ART treatment to the person |
| 2 | person seeking to undergo ART treatment using donated gametes | extended matters | ART treatment to the person |
| 3 | person proposing to provide a gamete (other than as a donated gamete) | basic matters | obtaining the gamete from the person |
| 4 | person proposing to provide a donated gamete | extended matters | obtaining the gamete from the person |
| 5 | a gamete provider from whom the gamete was not originally obtained as a donated gamete | extended matters | using the gamete, or an embryo created from the gamete, in providing ART treatment to a person other than the gamete provider or the gamete provider’s domestic partner |
(2)An ART provider commits an offence if—
(a)it fails to comply with a requirement under subsection (1) to tell a person about a matter or confirm that a person understands a matter; and
(b)the matter is not prescribed by regulation.
Maximum penalty: 200 penalty units.
(3)An ART provider commits an offence if—
(a)it fails to comply with a requirement under subsection (1) to tell a person about a matter or confirm that a person understands a matter; and
(b)the matter is prescribed by regulation under the definition of basic matters, paragraph (c) or extended matters, paragraph (h).
Maximum penalty: 30 penalty units.
(4)In this section:
basic matters means—
(a)the availability of counselling services under section 23; and
(b)the effect of a gamete provider’s consent under section 29, including how and when consent may be modified or withdrawn under section 30; and
(c)any other matter prescribed by regulation.
extended matters means—
(a)basic matters; and
(b)the ART provider’s obligations in relation to collecting information about the person and their donor conceived offspring; and
(c)the application of the Criminal Code, part 3.4 (False or misleading statements, information and documents) to the person, including in relation to information given to the ART provider by the person; and
(d)the existence of the donor register and the information to be kept in the register about the person and their donor conceived offspring; and
(e)the person’s right to obtain information in the donor register about themselves; and
(f)the person’s right, and the right of their donor conceived offspring, to obtain information in the donor register about other people; and
(g)the right of other people to obtain information in the donor register about the person and their donor conceived offspring; and
(h)any other matter prescribed by regulation.
Disclosure of personal health information by ART provider
(1)An ART provider may disclose personal health information in accordance with this section if a doctor certifies that the disclosure is necessary to—
(a)prevent or reduce a serious and imminent risk to anyone’s life or physical, mental or emotional health; or
(b)warn the person to whom the information is disclosed about the existence of a medical condition that may be harmful to the person or the person’s children (including future children).
(2)The ART provider may disclose personal health information about a donor to the following people:
(a)a person born as a result of ART treatment using the donor’s donated gamete if—
(i)the person is at least 16 years old; or
(ii)the ART provider is satisfied the person is sufficiently mature to access the information;
(b)a parent of a child or young person born as a result of ART treatment using the donor’s donated gamete;
(c)a person who is pregnant as a result of ART treatment using the donor’s donated gamete.
(3)The ART provider may disclose personal health information about a donor conceived person to their donor or donor sibling.
(4)The disclosure—
(a)must be made by a doctor on the ART provider’s behalf; and
(b)may also be made to a doctor treating the person to whom it is made.
(5)Nothing in this section requires an ART provider to disclose information to any person.
(6)In this section:
personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.
Provision of ART treatment to child or young person
(1)An ART provider commits an offence if it—
(a)provides ART treatment to a child or young person; or
(b)obtains a gamete from a child or young person for use in ART treatment or for research in relation to ART treatment.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)Subsection (1) does not apply to an ART provider that obtains a gamete from a child or young person if—
(a)a doctor has certified there is a reasonable risk of the child or young person becoming infertile before becoming an adult; and
(b)the ART provider obtains the gamete for the purpose of storing it for the child or young person’s future benefit.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)An ART provider that has obtained a gamete from a child or young person in accordance with subsection (2) must—
(a)despite anything else in this Act, store the gamete until the person becomes an adult and provides instructions in relation to the gamete; and
(b)when the person becomes an adult, take reasonable steps to obtain the person’s consent to storage of the gamete unless the person gives consent sooner.
Infection control standards
(1)A regulation may prescribe requirements for controlling infection in the provision of ART services (infection control standards).
(2)An ART provider must comply with infection control standards.
Division 4.2 Consent of gamete providers
Requirement to obtain consent of gamete provider
A gamete may be used in the provision of ART treatment only in accordance with the consent of the gamete provider or a court order under section 37 (Authorisation of posthumous use).
Form and content of consent
(1)A gamete provider’s consent to the use of their gametes must be in writing and state—
(a)the number of families in relation to which the gametes may be used in the provision of ART treatment; and
(b)the kinds of ART treatment for which the gametes may be used; and
(c)the period for which the gametes may be stored.
(2)A gamete provider must give their consent to the ART provider obtaining or proposing to obtain their gamete.
(3)A gamete provider’s consent must not limit use of a gamete in the provision of ART treatment to a person because of any protected attribute of the person.
Example
A gamete provider must not state that their gamete may be used only in the provision of ART treatment to a married person as relationship status is a protected attribute.
(4)A regulation may prescribe other requirements in relation to consent of gamete providers.
(5)In this section:
family—see section 40 (3).
protected attribute—see the Discrimination Act 1991, section 7.
Modification or withdrawal of consent
(1)A gamete provider’s consent may be modified or withdrawn at any time until—
(a)for a donated gamete—the gamete is placed in a person’s body or an embryo is created from the gamete; or
(b)for a gamete used to create a donated embryo—the embryo is implanted in a person’s body; or
(c)in any other case—the gamete, or an embryo created from the gamete, is placed or implanted in a person’s body.
(2)A gamete provider may modify or withdraw consent by written notice given to an ART provider that is, or has been, in possession of the gamete or embryo to which the consent relates.
(3)If an ART provider receives notice of modification or withdrawal of consent in relation to a gamete or embryo it has supplied to another ART provider, it must give the other ART provider written notice of the modification or withdrawal as soon as practicable.
(4)Modification or withdrawal of consent takes effect in relation to an ART provider as soon as the ART provider is given written notice of the modification or withdrawal in accordance with this section.
(5)A regulation may prescribe other requirements in relation to modification or withdrawal of consent.
(6)In this section:
donated gamete does not include a gamete that becomes a donated gamete only after being used to create an embryo.
Requirement to verify identity of gamete provider
(1)A regulation may prescribe the steps an ART provider must take to verify the identity of a person purportedly giving, modifying or withdrawing consent as a gamete provider.
(2)An ART provider commits an offence if it—
(a)receives a document under section 29 or section 30 purporting to give, modify or withdraw a person’s consent as a gamete provider; and
(b)fails to take the steps prescribed by regulation to verify the person’s identity.
Maximum penalty: 30 penalty units.
Requirement to confirm consent in certain cases
(1)An ART provider commits an offence if—
(a)it carries out any of the following activities in relation to a gamete or embryo (other than a donated gamete or donated embryo):
(i)using the gamete to create an embryo outside a person’s body;
(ii)providing ART treatment to a person using the gamete or embryo;
(iii)supplying the gamete or embryo to another person (including an ART provider);
(iv)exporting the gamete or embryo, or causing the gamete or embryo to be exported, from the ACT; and
(b)the activity is carried out more than 12 months after the latest of the following:
(i)the gamete provider giving consent to the activity;
(ii)the ART provider confirming the gamete provider’s consent to the activity.
Maximum penalty: 200 penalty units.
(2)Subsection (1) does not apply to an ART provider if it knows or believes on reasonable grounds that the gamete provider is deceased.
Note 1The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Note 2It is an offence to use a gamete or embryo of a deceased gamete provider without authorisation (see s 36).
Division 4.3 Use of gametes and embryos
Use of gamete to create embryo outside body
(1)An ART provider commits an offence if—
(a)it uses a gamete to create an embryo outside a person’s body; and
(b)the gamete is used without the gamete provider’s consent, or in a way that is inconsistent with the gamete provider’s consent.
Maximum penalty: 200 penalty units.
(2)Subsection (1) does not apply if the ART provider uses the gamete in accordance with a court order under section 37 (Authorisation of posthumous use).
Note 1The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Note 2It is an offence to intentionally develop a human embryo outside the body of a person for a period of more than 14 days, excluding any period when development is suspended (see Human Cloning and Embryo Research Act 2004, s 12).
Use of gametes or embryos in ART treatment
(1)An ART provider commits an offence if—
(a)it provides ART treatment to a person using a gamete; and
(b)the gamete is used without the gamete provider’s consent, or in a way that is inconsistent with the gamete provider’s consent.
Maximum penalty: 200 penalty units.
(2)Subsection (1) does not apply if the ART provider uses the gamete in accordance with a court order under section 37 (Authorisation of posthumous use).
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Use of gametes or embryos for research
An ART provider commits an offence if—
(a)it uses a gamete or embryo for research; and
(b)the gamete or embryo is used without the gamete provider’s consent, or in a way that is inconsistent with the gamete provider’s consent.
Maximum penalty: 200 penalty units.
NoteSee also the Research Involving Human Embryos Act 2002 (Cwlth) which regulates research in relation to embryos.
Posthumous use of gametes or embryos
(1)An ART provider commits an offence if it—
(a)provides ART treatment to a person using a gamete; and
(b)knows or reasonably ought to have known that the gamete provider is deceased.
Maximum penalty: 100 penalty units.
(2)Subsection (1) does not apply if—
(a)the gamete provider had consented to the use of the gamete in the circumstances and the person undergoing the treatment has, having been notified of the gamete provider’s death and date of death (if known), consented to the treatment in writing; or
(b)the ART provider provides the treatment to the gamete provider’s domestic partner in accordance with a court order under section 37.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Authorisation of posthumous use
(1)The domestic partner of a deceased gamete provider may apply to the Supreme Court for an order to authorise the following in relation to the gamete provider’s gametes:
(a)use of the gametes in the provision of ART treatment to the partner;
(b)storage of the gametes for the authorised use.
(2)In deciding whether to authorise the use or storage of a deceased gamete provider’s gametes, the court must consider the following:
(a)whether the domestic partner has capacity to consent to the provision of the treatment;
(b)whether the domestic partner has undergone appropriate counselling;
(c)the best interests of any children to be born as a result of the treatment, including—
(i)whether the domestic partner has capacity to provide for the child’s emotional, intellectual and other needs; and
(ii)whether the child is likely to have safe and stable living arrangements;
(d)whether the gamete provider expressly objected to posthumous use of their gametes;
(e)whether the gamete provider is likely to have supported posthumous use of their gametes in the provision of ART treatment to their domestic partner;
(f)any other matter the court considers appropriate.
Use of gametes obtained more than 5 years ago
(1)An ART provider commits an offence if—
(a)it provides ART treatment using a gamete; and
(b)the gamete was obtained from a gamete provider more than 5 years before the provision of the ART treatment; and
(c)it fails to take reasonable steps to find out whether the gamete provider is alive.
Maximum penalty: 100 penalty units.
(2)Subsection (1) does not apply to an ART provider if—
(a)it, or another ART provider that supplied the gamete or embryo, has been contacted by the gamete provider within 5 years before the provision of the treatment; or
(b)it knows or believes on reasonable grounds that the gamete provider is deceased.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)The registrar-general must not refuse an application made under the Births, Deaths and Marriages Registration Act 1997, section 43 (Search of register) if the application is—
(a)made for the purposes of this section in a suitable form; and
(b)accompanied by any fee determined under that Act.
(4)In this section:
reasonable steps include—
(a)obtaining a certificate under the Births, Deaths and Marriages Registration Act 1997, section 45 (Issue of certificates) about whether the gamete provider’s death has been recorded in the register; and
(b)completing any other inquiries prescribed by regulation for finding out whether the gamete provider is alive.
register means the register maintained under the Births, Deaths and Marriages Registration Act 1997, section 39.
Donated gametes or embryos—time limits on use
(1)An ART provider commits an offence if—
(a)it provides ART treatment—
(i)using a donated gamete that was obtained more than 15 years before the treatment is provided; or
(ii)using an embryo created from a donated gamete, or a donated embryo, that was created more than 15 years before the treatment is provided; and
(b)the treatment is provided without the written authorisation of the director-general.
Maximum penalty: 100 penalty units.
(2)The director-general may authorise ART treatment for subsection (1) (b) only if satisfied there are reasonable grounds for doing so.
(3)The director-general may make guidelines in relation to the giving of an authorisation under subsection (2).
(4)A guideline is a notifiable instrument.
(5)For this section, a gamete used in the provision of ART treatment does not include an embryo created from the gamete.
Donated gametes or embryos—limits on number of families
(1)An ART provider commits an offence if—
(a)it provides ART treatment using a donated gamete; and
(b)the donor has donated gametes used in ART treatment previously; and
(c)if a child were to be born as a result of the ART treatment mentioned in paragraph (a), there would be more than—
(i)5 families that include a child born as a result of ART treatment provided in the ACT using a donated gamete or embryo of the donor; or
(ii)10 families that include a child born as a result of ART treatment provided in Australia using a donated gamete or embryo of the donor.
Maximum penalty: 200 penalty units.
(2)It is a defence to a prosecution for an offence against subsection (1) if the ART provider proves that it exercised due diligence to prevent the contravention, which must include—
(a)searching its records; and
(b)making reasonable inquiries of the donor; and
(c)if it has reason to believe another ART provider (including an interstate ART provider) has obtained or been supplied with a gamete or embryo of the donor—requesting information from the other ART provider under section 41.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
(3)In this section:
family means a parent, their domestic partner (if any) and their children.
Requirement to give information about number of families
(1)If a registered ART provider requests information in relation to a donor from another ART provider under section 40 (2) (c), the other ART provider must give the registered ART provider—
(a)the number of families to which 1 or more of the following applies:
(i)the family includes a child born as a result of ART treatment provided by the other ART provider using a donated gamete or embryo of the donor;
(ii)the family includes a person who is pregnant as a result of ART treatment provided by the other ART provider using a donated gamete or embryo of the donor;
(iii)the family includes a person for whom an embryo has been created by the other ART provider using a donated gamete of the donor and placed in storage; and
(b)the number of people who are not parents and to whom 1 or both of the following apply:
(i)the person is pregnant as a result of ART treatment provided by the other ART provider using a donated gamete or embryo of the donor;
(ii)an embryo has been created by the other ART provider using a donated gamete of the donor and placed in storage for the person; and
(c)details of any other ART providers that have been supplied with a donated gamete, or an embryo created from a donated gamete, of the donor; and
(d)any other information prescribed by regulation.
(2)An ART provider commits an offence if it—
(a)receives a request for information from a registered ART provider under section 40 (2) (c); and
(b)fails to give the information required under subsection (1).
Maximum penalty: 30 penalty units.
(3)In this section:
family—see section 40 (3).
Use of gametes to create embryo with close family member
(1)An ART provider commits an offence if it—
(a)uses a gamete to create an embryo (whether inside or outside the body of a person); and
(b)knows that the gamete provider is a close family member of the other person whose gamete is used to create the embryo.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)In this section:
close family member, of a person, means a parent, child, sibling (including a half-sibling), grandparent or grandchild of the person from birth.
Division 4.4 Storage and transfer of gametes and embryos
Storage of gametes or embryos
(1)An ART provider commits an offence if—
(a)it stores a gamete or embryo; and
(b)the gamete or embryo is stored—
(i)without the gamete provider’s consent; or
(ii)in a way that is inconsistent with the gamete provider’s consent.
Maximum penalty: 200 penalty units.
(2)An ART provider commits an offence if—
(a)it stores a gamete or embryo; and
(b)the gamete or embryo is stored for longer than the shortest of the following periods:
(i)a storage period the ART provider has proposed by written notice to the gamete provider (whether before or after the gamete was obtained);
(ii)the storage period stated in the gamete provider’s consent or, for an embryo, the shortest storage period stated in the gamete providers’ consents;
(iii)for a donated gamete—15 years after the day the gamete was obtained from the donor plus any additional period authorised by the director-general under section 39 (2);
(iv)for an embryo created from a donated gamete, or a donated embryo—15 years after the day the embryo was created plus any additional period authorised by the director‑general under section 39 (2).
Maximum penalty: 30 penalty units.
(3)Subsection (1) and (2) do not apply to an ART provider if—
(a)it is required to store the gamete under section 26 (Provision of ART treatment to child or young person); or
(b)it has a reasonable excuse for contravening a storage requirement under subsection (1) or (2); or
(c)a gamete provider is deceased and the ART provider stores their gamete or embryo for the purpose of its authorised use (including use authorised by a court order under section 37) or to allow a person to apply for a court order under section 37.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Supply of gametes or embryos to another person
(1)An ART provider commits an offence if—
(a)it supplies a gamete or an embryo to another person (including another ART provider); and
(b)the gamete or embryo is supplied without the gamete provider’s consent, or in a way that is inconsistent with the gamete provider’s consent.
Maximum penalty: 200 penalty units.
(2)Subsection (1) does not apply if the gamete provider is deceased and the ART provider supplies the gamete or embryo for the purpose of its authorised use (including use authorised by a court order under section 37).
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Export of gametes or embryos from ACT
(1)An ART provider commits an offence if—
(a)it exports a gamete or embryo, or causes a gamete or embryo to be exported, from the ACT; and
(b)the gamete or embryo is exported or caused to be exported without the gamete provider’s consent, or in a way that is inconsistent with the gamete provider’s consent.
Maximum penalty: 100 penalty units.
(2)Subsection (1) does not apply if the gamete provider is deceased and the ART provider exports the gamete or embryo for the purpose of its authorised use (including use authorised by a court order under section 37).
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Division 4.5 Record keeping requirements
Requirement to collect information about gamete provider
(1)An ART provider must collect the following information before obtaining a gamete, whether from the gamete provider or anyone else:
(a)for all gametes—
(i)the gamete provider’s full name; and
(ii)the gamete provider’s home address; and
(iii)the gamete provider’s date of birth;
(b)for donated gametes—
(i)the donor’s place of birth; and
(ii)the donor’s ethnicity and physical characteristics; and
(iii)the donor’s relevant medical history; and
(iv)the sex and year of birth of each donor conceived offspring of the donor; and
(v)the name of each ART provider that has previously obtained a donated gamete from the donor and the date on which the gamete was obtained.
(2)An ART provider must collect the information mentioned in subsection (1) in relation to a gamete before using the gamete, or an embryo created from the gamete, for any purpose.
(3)An ART provider commits an offence if it fails to comply with this section.
Maximum penalty: 50 penalty units.
(4)An offence against this section is a strict liability offence.
Requirement to collect information about person undergoing ART treatment
(1)An ART provider must collect a person’s full name, home address and date of birth before using a gamete in the provision of ART treatment to the person.
(2)An ART provider commits an offence if it fails to comply with subsection (1).
Maximum penalty: 50 penalty units.
(3)If a donated gamete is used in the provision of ART treatment to a person, an ART provider must take reasonable steps to find out—
(a)within 1 to 4 months after providing the treatment—whether the person is pregnant as a result of the treatment; and
(b)within 10 to 15 months after providing the treatment—whether a child was born as a result of the treatment, and if so, the child’s full name, sex and date of birth.
(4)An ART provider commits an offence if it fails to comply with subsection (3).
Maximum penalty: 50 penalty units.
(5)Subsection (4) does not apply to an ART provider that fails to comply with subsection (3) (b) if—
(a)within 10 months after providing the treatment, the person who underwent the treatment tells the ART provider that a child was born as a result of the treatment, and the child’s full name, sex and date of birth; or
(b)it knows that no child was born as a result of the treatment.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
(6)An offence against subsection (2) is a strict liability offence.
Requirement to keep records
(1)An ART provider must keep a record of the following:
(a)in relation to each gamete or embryo in its possession—
(i)information collected under section 46 (1); and
(ii)information about each other ART provider that has had possession of the gamete or embryo (including the gametes used to create the embryo); and
(iii)each gamete provider’s consent; and
(iv)any use, supply or export of the gamete or embryo; and
(v)the period during which the gamete or embryo has been in storage;
(b)in relation to each person to whom it provides ART treatment—
(i)information collected under section 47 (1); and
(ii)if a donated gamete was used in the provision of the treatment—information collected under section 47 (3) (a);
(c)in relation to each child it knows was born as a result of ART treatment it provided—
(i)the child’s full name, sex and date of birth; and
(ii)the full name of the person who gave birth to the child; and
(iii)if a donated gamete was used in the provision of the treatment—the donor’s full name and date and place of birth;
(d)if it does not know whether a child was born, or knows a child was not born, as a result of ART treatment it provided at least 15 months earlier—information to that effect;
(e)any other information prescribed by regulation.
(2)An ART provider commits an offence if it fails to comply with subsection (1).
Maximum penalty: 30 penalty units.
(3)An ART provider must keep a record mentioned in subsection (1) for 50 years.
Maximum penalty: 100 penalty units.
Information sharing between ART providers
An ART provider that supplies a gamete or embryo to another ART provider—
(a)must give the other ART provider a copy of the gamete provider’s consent in relation to the gamete or embryo; and
(b)may give the other ART provider a copy of any other information required to be collected under this Act in relation to the gamete or embryo.
Part 5Donor register
Division 5.1 Preliminary
Definitions—pt 5
In this part:
commencement day means the day this section commences.
donor, in relation to a donor conceived person, includes the gamete provider of a donated gamete used in self-insemination resulting in the person’s birth.
donor code means a reference number used by an ART provider to identify a donor.
donor conceived, in relation to a person, includes a person born as a result of self-insemination using a donated gamete.
donor sibling, in relation to a donor conceived person, includes the person’s sibling born as a result of self-insemination using a gamete donated by the person’s donor.
informal donor arrangement means—
(a)ART treatment using a donated gamete if the treatment is not provided for fee or reward, or in carrying on a business; or
(b)self-insemination using a donated gamete.
mature donor conceived person—see section 51.
Meaning of mature donor conceived person—pt 5
(1)In this part:
mature donor conceived person means a donor conceived person who—
(a)is at least 16 years old; or
(b)has received appropriate counselling services from a suitably qualified and experienced counsellor who is satisfied the person is able to—
(i)understand and comply with the donor’s contact preferences under section 58; and
(ii)understand that the donor has no parental rights or responsibilities (including financial rights and responsibilities).
(2)A regulation may prescribe a qualification a person must hold to be suitably qualified and experienced to provide the counselling services.
Donor register
(1)The director-general must keep a donor register.
(2)The register may be kept in any form the director-general decides.
(3)The director-general may correct any mistake, error or omission in the register.
Division 5.2 Information in donor register
Mandatory information
(1)This section applies to an ART provider that provides ART treatment using a donated gamete.
(2)The ART provider must, within 2 months after becoming aware that a child has been born alive as a result of the treatment, give the director-general—
(a)the following information about the donor kept by the ART provider under section 48:
(i)their full name;
(ii)their home address;
(iii)their date and place of birth;
(iv)their ethnicity and physical characteristics;
(v)their relevant medical history;
(vi)the sex and year of birth of each of their donor conceived offspring;
(vii)the name of each ART provider that has previously obtained a donated gamete from the donor and the date on which the gamete was obtained;
(viii)their consent; and
(b)the full name, sex and date of birth of the child; and
(c)the full name of the person who gave birth to the child.
(3)If the ART provider does not know whether a child was born alive as a result of the treatment, it must, within 15 to 16 months after providing the treatment—
(a)tell the director-general it does not know whether a child was born alive as a result of the treatment; and
(b)give the director-general—
(i)information about the donor mentioned in subsection (2) (a); and
(ii)the full name of the person who underwent the treatment.
(4)An ART provider commits an offence if it fails to comply with this section.
Maximum penalty: 100 penalty units.
(5)The director-general must enter in the donor register any information given to the director-general under this section.
Voluntary information about donors
(1)This section applies to—
(a)a donor who donated a gamete before the commencement day; or
(b)a donor who donated a gamete for use in an informal donor arrangement; or
(c)an ART provider acting on behalf of a donor mentioned in paragraph (a) or (b) with the donor’s consent.
(2)The donor or ART provider may, by written notice, give the director‑general any of the following information about the donor for inclusion in the donor register:
(a)their full name;
(b)their home address;
(c)their date and place of birth;
(d)their donor code;
(e)their relevant medical history;
(f)the sex and year of birth of each of their donor conceived offspring;
(g)the name of each ART provider that has obtained a donated gamete from the donor and the date on which the gamete was obtained.
(3)The notice may state restrictions on the disclosure of the information.
(4)The director-general may require that the notice be accompanied by evidence—
(a)that the information contained in the notice is accurate; and
(b)if the information is given on a donor’s behalf—that the donor has consented to the information being given.
(5)The director-general may enter in the donor register any information given to the director-general under this section.
Voluntary information about donor conceived people
(1)A mature donor conceived person may, by written notice, give the director-general any of the following information for inclusion in the donor register:
(a)their full name;
(b)their sex;
(c)their home address;
(d)their date and place of birth;
(e)their donor’s donor code;
(f)the full name of the person who gave birth to them.
(2)A parent of a donor conceived child or young person may, by written notice, give the director-general any of the following information about the child or young person for inclusion in the donor register:
(a)their full name;
(b)their sex;
(c)their date of birth;
(d)their donor’s donor code;
(e)the full name of the person who gave birth to the child or young person.
(3)The notice may state restrictions on the disclosure of the information.
(4)The director-general may—
(a)require that the notice be accompanied by evidence that the information contained in the notice is accurate; and
(b)enter in the donor register any information given to the director‑general under this section.
Voluntary information about informal donor arrangements
(1)A parent of a donor conceived person born as a result of an informal donor arrangement may, by written notice, give the director-general any of the following information for inclusion in the donor register:
(a)the parent’s full name;
(b)the donor conceived person’s full name, sex and date of birth;
(c)if the donor consents in writing—the donor’s full name and date of birth;
(d)whether the donor conceived person was born as a result of ART treatment or self-insemination.
(2)The notice may state restrictions on the disclosure of the information.
(3)The director-general may require that the notice be accompanied by evidence—
(a)that the information contained in the notice is accurate; and
(b)if the information is given on a donor’s behalf—that the donor has consented to the information being given.
(4)The director-general may enter in the donor register any information given to the director-general under this section.
Voluntary information about personal characteristics
(1)A donor or mature donor conceived person may, by written notice, give the director-general information about their personal characteristics for inclusion in the donor register.
(2)The notice may state restrictions on the disclosure of the information.
(3)The director-general may enter in the donor register any information given to the director-general under this section.
Voluntary information about contact preferences
(1)A donor or mature donor conceived person may, by written notice, give the director-general the following information for inclusion in the donor register:
(a)their contact details and preferred way to be contacted about matters in relation to the donor register; or
(b)that they do not wish to be contacted about matters in relation to the donor register.
(2)The director-general must enter in the donor register any information given to the director-general under this section.
Information entered on director-general’s own initiative
(1)The director-general may, on their own initiative, enter the following information in the donor register:
(a)mandatory information given by an ART provider other than in accordance with section 53;
(b)mandatory information given to the director-general under section 61 (Direction to give information about donor conceived person);
(c)mandatory information given to the director-general under section 62 (Information sharing between director-general and registrar-general).
(2)Also, the director-general may, on their own initiative, enter information in the donor register if—
(a)the director-general is satisfied on reasonable grounds the information is about—
(i)a donor conceived person born as a result of ART treatment provided on or after the commencement day; or
(ii)a donor of a person mentioned in paragraph (i); and
(b)the information is mandatory information given—
(i)other than in accordance with section 53; and
(ii)by the subject of the information or, if the subject is a donor conceived child or young person, by their parent.
(3)The director-general must include the source of the information when entering the information in the donor register.
NoteThis section does not allow the director-general to include in the donor register information provided unlawfully.
Division 5.3 Measures to ensure accuracy of information
Requirement to ensure accuracy
(1)The director-general must ensure, as far as is practicable, that information in the donor register is accurate and not misleading.
(2)For subsection (1), the director-general may do any of the following:
(a)refuse to enter information;
(b)revise or remove information;
(c)retain historical information;
Example
a person’s former name
(d)add any notes the director-general considers appropriate;
(e)ask an ART provider to give information to verify information given voluntarily by a person under division 5.2.
(3)A person may ask the director-general to revise incorrect or outdated information about the person in the donor register.
(4)The director-general must remove information given voluntarily by a person under division 5.2 if—
(a)the person asks the director-general to remove the information; and
(b)the director-general is satisfied the information is not required to be on the donor register.
Direction to give information about donor conceived person
(1)This section applies if the director-general believes on reasonable grounds that a health service provider has mandatory information—
(a)in relation to a donor conceived person born as a result of ART treatment provided on or after the commencement day; and
(b)that has not been provided in accordance with section 53.
(2)The director-general may give the health service provider a written direction requiring the provider to answer stated questions, or give stated information to—
(a)determine whether a donor conceived person was born alive as a result of ART treatment provided on or after the commencement day; or
(b)determine whether any mandatory information in relation to the donor conceived person has been correctly entered in the donor register; or
(c)obtain any mandatory information in relation to the donor conceived person.
(3)The direction may include requirements about how the answers or information must be given.
(4)The health service provider commits an offence if the provider contravenes the direction.
Maximum penalty: 30 penalty units.
(5)The health service provider is not excused from complying with a direction on the ground that doing so may—
(a)tend to incriminate the provider; or
(b)expose the provider to a penalty.
(6)However, any information or document obtained, directly or indirectly, because of the health service provider’s compliance with the direction is not admissible in evidence against the provider in a civil or criminal proceeding, other than a proceeding for an offence arising out of the false or misleading nature of the information or document.
(7)In this section:
health service provider—see the Health Act 1993, section 7.
Information sharing between director-general and registrar-general
(1)The director-general and the registrar-general may share information in relation to the following to assist the director-general to meet the requirements of section 60:
(a)a donor conceived person;
(b)a donor;
(c)a person who gave birth to a donor conceived person;
(d)a domestic partner of a person mentioned in paragraph (c).
(2)Subsection (1) has effect despite anything elsewhere in this Act or another territory law.
Division 5.4 Disclosure of information in donor register
Disclosure of information in donor register generally
(1)The director-general may disclose information kept in the donor register only in accordance with this part.
(2)For disclosure of information under this part, the director-general is entitled to assume that information given to the director-general and kept in the donor register is accurate.
(3)Nothing in this section limits section 60 (Requirement to ensure accuracy).
Disclosure to subject of information
(1)The director-general must, on application by any of the following people, give the person a copy of any information about the person kept in the donor register:
(a)a donor;
(b)a mature donor conceived person;
(c)a person who has undergone ART treatment or self-insemination using a donated gamete.
(2)The director-general must, on application by a parent of a donor conceived child or young person, give the parent a copy of any information about the child or young person kept in the donor register.
(3)This section does not authorise disclosure of information about—
(a)anyone other than the applicant, or for an application under subsection (2), anyone other than the child or young person; or
(b)the applicant’s relationship with other people, or for an application under subsection (2), the child or young person’s relationship with other people, unless the information was originally provided by the applicant.
Disclosure to donor
The director-general must, on application by a donor, give the donor a copy of the following information kept in the donor register in relation to a person born as a result of ART treatment or self‑insemination using the donor’s donated gamete:
(a)the person’s sex and year of birth;
(b)information the person gave voluntarily under division 5.2, subject to any restrictions on disclosure stated by the person.
Disclosure to donor conceived person
The director-general must, on application by a mature donor conceived person, give the person a copy of the following information kept in the donor register:
(a)if the person was born as a result of ART treatment provided on or after the commencement day—mandatory information about the person’s donor;
(b)information the person’s donor gave voluntarily under division 5.2, subject to any restrictions on disclosure stated by the donor;
(c)information the person’s donor sibling gave voluntarily under division 5.2, subject to any restrictions on disclosure stated by the sibling;
(d)the sex and year of birth of the person’s donor siblings.
Disclosure to parent of donor conceived child or young person
(1)The director-general must, on application by a parent of a donor conceived child or young person, give the parent a copy of the information the child or young person would be entitled to be given as a mature donor conceived person under section 66.
(2)However, the director-general must not give the parent mandatory information about the child or young person’s donor if—
(a)the child or young person was born as a result of ART treatment or self-insemination using a gamete donated before the commencement day; and
(b)the donor has not otherwise given the mandatory information voluntarily under division 5.2.
(3)The director-general must, on application by a suitable person, give the person a copy of the information that may be given to a parent under this section if—
(a)the parent is unwilling or unable to seek the information on the child or young person’s behalf; and
(b)the information cannot reasonably be obtained by the person in any other way.
(4)In this section:
suitable person, in relation to a child or young person, means a person the director-general considers is a representative of the child or young person with a genuine interest in their welfare.
Disclosure of information on director-general’s initiative
(1)The director-general may, on their own initiative, disclose information kept in the donor register that has been entered or revised under section 59 or section 60 to a person who would otherwise be entitled to be given the information under this part.
(2)The director-general may, on their own initiative, disclose personal health information kept in the donor register—
(a)only if the director-general believes on reasonable grounds that the disclosure is necessary to—
(i)prevent or reduce a serious and imminent risk to anyone’s life or physical, mental or emotional health; or
(ii)warn the person to whom the information is disclosed about the existence of a medical condition that may be harmful to the person or the person’s children (including future children); and
(b)to the following people:
(i)a mature donor conceived person if the information is about their donor;
(ii)a parent of a donor conceived child or young person if the information is about the child or young person’s donor;
(iii)a person who is pregnant as a result of ART treatment or self-insemination using a donor’s donated gamete if the information is about the donor;
(iv)a donor if the information is about a person born as a result of ART treatment or self-insemination using the donor’s donated gamete;
(v)a donor conceived person if the information is about their donor sibling.
(3)The director-general may, on their own initiative, disclose information kept in the donor register—
(a)if the director-general believes on reasonable grounds that—
(i)a donor or donor conceived person is involved in a consanguineous relationship; or
(ii)another serious risk to the safety or welfare of a donor or donor conceived person exists; and
(b)only to the extent that the disclosure is necessary to allow the affected person, or their parent, to understand the risk; and
(c)to the following people:
(i)a donor, or donor conceived person, to whom subsection (3) applies (an affected person);
(ii)a parent of an affected child or young person.
(4)Nothing in this section requires the director-general to disclose information to any person.
(5)In this section:
personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.
Contacting donor conceived person for consent to disclosure
(1)The director-general may contact a mature donor conceived person to ask whether the person wishes to consent to the disclosure of information under this division.
(2)The director-general may contact a person under subsection (1)—
(a)at the request of the person’s donor; or
(b)at the request of the person’s donor sibling; or
(c)on the director-general’s own initiative.
(3)The director-general may contact a person under subsection (1) only if, in their opinion, the contact is justified to promote the safety or welfare of at least 1 of the people concerned.
(4)The director-general may—
(a)consult any entity the director-general believes may assist in the exercise of their functions under this section; and
(b)arrange for any of the people concerned to be provided with counselling the director-general believes is necessary to assist the person and the director-general in the matter.
(5)A regulation may prescribe guidelines in accordance with which the director-general must exercise the director-general’s functions under this section.
Consent to disclosure generally
(1)A person whose information is kept in the donor register may consent to the disclosure of the information in circumstances not otherwise allowed under this part.
(2)The consent must be given by written notice to the director-general.
(3)The director-general may require the person to provide proof of identity with the consent.
(4)The consent may be withdrawn or modified by written notice to the director-general.
(5)Nothing in this part prevents the director-general from disclosing information about a person kept in the donor register if—
(a)the person has consented to the disclosure under this section; and
(b)the disclosure is consistent with the consent.
Part 6Pre-commencement records
Division 6.1 Preliminary
Definitions—pt 6
In this part:
ART provider includes a former ART provider.
commencement day means the day this section commences.
pre-commencement record means a record made by an ART provider about an ART service provided before the commencement day.
retention period, in relation to a pre-commencement record, means 75 years after—
(a)the day on which the ART service to which the record relates was provided; or
(b)if the record relates to more than 1 ART service—the day on which the last of those services was provided.
Division 6.2 Retention of pre-commencement records
Requirement to retain records
(1)An ART provider commits an offence if—
(a)it has control of a pre-commencement record; and
(b)the record’s retention period has not ended; and
(c)it fails to retain the record in a readily accessible form.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply if the ART provider fails to retain the record only because it transfers the record in accordance with section 73.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Transfer of records
(1)A person may transfer any pre-commencement record within the person’s control to a registered ART provider.
(2)The person must give the director-general written notice of the transfer as soon as practicable after transferring the record.
(3)The registered ART provider must give the director-general written notice confirming the transfer as soon as practicable after receiving the record.
(4)A person commits an offence if the person fails to comply with subsection (2) or (3).
Maximum penalty: 30 penalty units.
(5)A regulation may prescribe additional procedures or requirements for the transfer of records, including—
(a)providing for the transfer of pre-commencement records if an ART provider dies, is wound up or otherwise lacks capacity to retain the records in accordance with this part; and
(b)matters required to be included in a notice given to the director‑general under this section.
Director-general may authorise destruction of records
(1)Despite anything else in this part, a person may destroy a pre‑commencement record during the retention period if authorised in writing by the director-general.
(2)The director-general may authorise the destruction of a pre‑commencement record only if satisfied that no person would be adversely affected by the destruction of the record.
Example
The director-general authorises destruction of pre-commencement records because the records relate to gametes that no longer exist and the director-general is satisfied that no person was born as a result of ART treatment using the gametes.
Division 6.3 Access to pre-commencement records
NoteThis division deals with access to information about ART services provided before the commencement day that may not be kept in the donor register.
Meaning of accessible information—div 6.3
(1)In this division:
accessible information, about a donor, means—
(a)non-identifying information about—
(i)the donor’s ethnicity and physical characteristics; and
(ii)the donor’s relevant medical history; and
(iii)the sex and year of birth of each person born as a result of ART treatment using a donated gamete of the donor; and
(b)any other information about the donor (including identifying information) if the donor has consented to its disclosure.
(2)However, accessible information does not include information that can be obtained under section 66 (Disclosure to donor conceived person) or section 67 (Disclosure to parent of donor conceived child or young person).
(3)In this section:
identifying information means information that identifies the individual to whom the information relates.
non-identifying information means information that does not identify the individual to whom the information relates.
Application for accessible information about donor
(1)The following people may apply for accessible information about a donor:
(a)a person born as a result of ART treatment using the donor’s donated gamete if—
(i)the person is at least 16 years old; or
(ii)the ART provider to whom the application is made is satisfied the person is sufficiently mature to access information under this Act;
(b)a parent of a child or young person born as a result of ART treatment using the donor’s donated gamete.
(2)An application for accessible information may be made to—
(a)the ART provider who provided the ART treatment resulting in the person’s birth; or
(b)an ART provider the applicant suspects on reasonable grounds may have accessible information about the donor.
Protection of public officials from liability
(1)A public official is not civilly liable for conduct engaged in honestly and without recklessness—
(a)in the exercise of a function under this Act or another territory law; or
(b)in the reasonable belief that the conduct was in the exercise of a function under this Act or another territory law.
(2)Any liability that would, apart from this section, attach to the public official attaches instead to the Territory.
(3)In this section:
public official—
(a)means—
(i)the director-general; or
(ii)an authorised person; or
(iii)a person exercising a function under this Act; but
(b)does not include an ART provider.
Part 10Notification and review of decisions
Meaning of reviewable decision—pt 10
In this part:
reviewable decision means a decision of the director-general to—
(a)impose conditions on registration under section 16; or
(b)give an improvement notice under section 79; or
(c)refuse to revoke an improvement notice under section 82; or
(d)give a prohibition notice under section 84; or
(e)refuse to revoke a prohibition notice under section 86.
Reviewable decision notices
If the director-general makes a reviewable decision in relation to an ART provider, the director-general must give a reviewable decision notice to the ART provider.
NoteThe director-general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Applications for review
The following people may apply to the ACAT for review of a reviewable decision:
(a)the ART provider in relation to which the decision has been made;
(b)any other person whose interests are affected by the decision.
Part 11Miscellaneous
Determination of fees
(1)The Minister may determine fees for this Act.
(2)A determination is a disallowable instrument.
Applying, adopting or incorporating documents in regulations
(1)A regulation may apply, adopt or incorporate (with or without change or modification)—
(a)a law as in force from time to time; or
(b)another instrument as in force from time to time.
(2)The Legislation Act, section 47 (6) does not apply to an instrument applied, adopted or incorporated under subsection (1).
NoteAn instrument under s (1) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)).
(3)The director-general must ensure that an instrument applied, adopted or incorporated under subsection (1) is—
(a)available for inspection by anyone without charge during ordinary business hours at an ACT government office; or
(b)accessible on an ACT government website, or by a link on an ACT government website.
(4)An instrument that is applied, adopted or incorporated under subsection (1) is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (3).
Regulation-making power
(1)The Executive may make regulations for this Act.
(2)A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences.
Part 12Transitional
Definitions—pt 12
basic provisions means—
(a)section 39 (Donated gametes or embryos—time limits on use); and
(b)section 40 (Donated gametes or embryos—limits on number of families); and
(c)section 53 (Mandatory information).
extended provisions means—
(a)the basic provisions; and
(b)section 46 (Requirement to collect information about gamete provider); and
(c)section 47 (Requirement to collect information about person undergoing ART treatment); and
(d)section 48 (Requirement to keep records).
transitional period means the period starting on the day this section commences and ending on the day section 12 commences.
Use, supply and export of gametes and embryos
A provision relating to the use, supply or export of a gamete or embryo applies to a gamete obtained, or an embryo created, before the end of the transitional period.
Storage of gametes and embryos
Section 43 (Storage of gametes or embryos) does not apply to a gamete obtained, or an embryo created, before the end of the transitional period.
Completion of family—subsequent gametes where person became pregnant before end of transitional period
(1)This section applies if, before the end of the transitional period, a person became pregnant as a result of ART treatment using a donated gamete.
(2)An ART provider may use another donated gamete from the donor (a subsequent gamete)—
(a)in the provision of ART treatment to the person or their domestic partner; or
(b)to create an embryo for use in the provision of ART treatment to the person or their domestic partner.
(3)For a subsequent gamete used in accordance with this section, the extended provisions do not apply to the ART provider in relation to the subsequent gamete, or an embryo created from the subsequent gamete.
Completion of family—embryos created before end of transitional period
(1)This section applies to an embryo created from a donated gamete before the end of the transitional period, for use in the provision of ART treatment to a particular person.
(2)An ART provider may use the embryo to provide ART treatment to the person or their domestic partner.
(3)For an embryo used in accordance with this section, the extended provisions do not apply to the ART provider in relation to the embryo.
132ACompletion of family—subsequent gametes where embryo created before end of transitional period
(1)This section applies if—
(a)an embryo was created from a donated gamete before the end of the transitional period, for use in the provision of ART treatment to a particular person; and
(b)at any time, the person or their domestic partner becomes pregnant as a result of ART treatment using the embryo.
(2)An ART provider may use another donated gamete from the donor (a subsequent gamete)—
(a)in the provision of ART treatment to the person or their domestic partner; or
(b)to create an embryo for use in the provision of ART treatment to the person or their domestic partner.
(3)For a subsequent gamete used in accordance with this section, the extended provisions do not apply to the ART provider in relation to the subsequent gamete, or an embryo created from the subsequent gamete.
132BCompletion of family—gametes donated and allocated before end of transitional period
(1)This section applies to a donated gamete that was allocated to a particular person before the end of the transitional period.
(2)An ART provider may use the gamete—
(a)in the provision of ART treatment to the person or their domestic partner; or
(b)to create an embryo for use in the provision of ART treatment to the person or their domestic partner.
(3)For a gamete used in accordance with this section—
(a)if the gamete was allocated before the transitional period—the extended provisions do not apply to the ART provider in relation to the gamete or an embryo created from the gamete; and
(b)if the gamete was allocated during the transitional period—the basic provisions do not apply to the ART provider in relation to the gamete or an embryo created from the gamete.
(4)For this section, a donated gamete is allocated to a particular person if—
(a)the gamete has been obtained by the person, or an ART provider, for the purpose of providing ART treatment to the person or their domestic partner; or
(b)the gamete is held in storage and an arrangement is in place for it to be given to the person, or an ART provider, for the purpose of providing ART treatment to the person or their domestic partner.
132CCompletion of family—subsequent gametes where gamete allocated before end of transitional period
(1)This section applies if—
(a)a donated gamete was allocated to a particular person before the end of the transitional period (the first gamete); and
(b)at any time, the person or their domestic partner becomes pregnant as a result of ART treatment using the first gamete.
(2)An ART provider may use another donated gamete from the donor (a subsequent gamete)—
(a)in the provision of ART treatment to the person or their domestic partner; or
(b)to create an embryo for use in the provision of ART treatment to the person or their domestic partner.
(3)For a subsequent gamete used in accordance with this section—
(a)if the first gamete was allocated before the transitional period—the extended provisions do not apply to the ART provider in relation to a subsequent gamete or an embryo created from a subsequent gamete; and
(b)if the first gamete was allocated during the transitional period—the basic provisions do not apply to the ART provider in relation to a subsequent gamete or an embryo created from a subsequent gamete.
(4)In this section:
allocated—see section 132B (4).
132DDonor taken to consent to use of gametes and embryos for completion of family
(1)This section applies to a donated gamete or embryo created from a donated gamete used in accordance with a completion of family provision.
(2)The donor is taken to have consented to the use and may modify or withdraw consent in accordance with section 30.
(3)In this section:
completion of family provision means—
(a)section 131; and
(b)section 132; and
(c)section 132A; and
(d)section 132B; and
(e)section 132C.
132ECertain things done or omitted to be done not invalid
(1)This section applies if—
(a)before the commencement day, an ART provider has done or omitted to do something; and
(b)on or after the commencement day, the ART provider could have validly done or omitted to do the thing under a completion of family provision.
(2)The thing is taken to have been validly done or omitted to be done.
(3)In this section:
commencement day means the day this section commences.
completion of family provision—see section 132D (3).
Expiry—pt 12
This part expires 15 years after the day it commences.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Dictionary
(see s 3)
NoteThe Legislation Act contains definitions relevant to this Act. For example:
· ACT
· adult
· director-general (see s 163)
· disallowable instrument (see s 9)
· doctor
· domestic partner (see s 169 (1))
· Executive
· exercise
· fail
· found guilty
· function
· home address
· individual
· in relation to
· Minister (see s 162)
· notifiable instrument (see s 10)
· parent
· penalty unit (see s 133)
· the Territory.
accessible information, about a donor, for division 6.3 (Access to pre-commencement records)—see section 75.
ART accreditation means accreditation by any of the following:
(a)the Reproductive Technology Accreditation Committee of the Fertility Society of Australia and New Zealand (ACN 006 214 115);
(b)a body prescribed for the Research Involving Human Embryos Act 2002 (Cwlth), section 8, definition of accredited ART centre, paragraph (b);
(c)another body prescribed by regulation.
artificial insemination means a procedure of transferring sperm without also transferring an oocyte into the vagina, cervical canal or uterus of a person.
ART legislation means this Act and the following:
(a)the Human Cloning and Embryo Research Act 2004;
(b)the Prohibition of Human Cloning for Reproduction Act 2002 (Cwlth);
(c)the Research Involving Human Embryos Act 2002 (Cwlth).
ART provider—
(a)for this Act generally—see section 11; and
(b)for part 6 (Pre-commencement records)—see section 71.
ART service—see section 10.
ART treatment (or assisted reproductive technology treatment)—see section 9.
associated entity, of a corporation, for part 7 (Regulatory action)—see section 78.
authorised person, for part 8 (Enforcement)—see section 89.
child—see the Children and Young People Act 2008, section 11.
commencement day means—
(a)for part 5 (Donor register)—see section 50; and
(b)for part 6 (Pre-commencement records)—see section 71.
connected, for part 8 (Enforcement)—see section 89.
consent, of a gamete provider, means consent given by the gamete provider under section 29.
donated embryo means an embryo donated after its creation for use by someone other than—
(a)the gamete providers from whom the gametes used to create the embryo were obtained; or
(b)a domestic partner of the gamete providers.
donated gamete—
(a)means a gamete donated by a gamete provider for use by someone other than the gamete provider or their domestic partner, and
(b)includes a gamete used to create a donated embryo, whether or not the gamete was originally obtained from the gamete provider as a donated gamete and whether or not the embryo was originally created for use as a donated embryo.
donor—
(a)means a gamete provider from whom a donated gamete is obtained; and
(b)in relation to a donor conceived person—
(i)means the gamete provider of a donated gamete used in ART treatment resulting in the person’s birth; and
(ii)for part 5 (Donor register)—see section 50.
donor code, for part 5 (Donor register)—see section 50.
donor conceived, in relation to a person—
(a)means a person born as a result of ART treatment using a donated gamete; and
(b)for part 5 (Donor register)—see section 50.
donor register means the register established under section 52.
donor sibling, in relation to a donor conceived person—
(a)means the person’s sibling born as a result of ART treatment using a gamete donated by the person’s donor; and
(b)for part 5 (Donor register)—see section 50.
embryo means a discrete entity that—
(a)has arisen from either—
(i)the first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or
(ii)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
(b)has not yet reached 8 weeks of development since the first mitotic division.
executive officer, of a corporation, means a person, however described and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
full name, in relation to a donor, means each full name ever used by the donor.
gamete—
(a)means a human sperm or a human oocyte; and
(b)for a gamete used in the provision of ART treatment—includes an embryo created from the gamete.
gamete provider—
(a)in relation to a gamete—means the person from whom the gamete has been obtained; and
(b)in relation to an embryo—means a person from whom a gamete used to create the embryo was obtained.
improvement notice—see section 79 (2).
informal donor arrangement, for part 5 (Donor register)—see section 50.
mandatory information means information of a kind given under section 53.
mature donor conceived person, for part 5 (Donor register)—see section 51.
obtain, a gamete, includes receive a gamete.
occupier, of premises, for part 8 (Enforcement)—see section 89.
offence, for part 8 (Enforcement)—see section 89.
pre-commencement record, for part 6 (Pre-commencement records)—see section 71.
premises—
(a)for this Act generally—includes any land or building and part of any land or building; and
(b)for part 8 (Enforcement)—see section 89.
prohibition notice—see section 84 (2).
recipient, in relation to an improvement notice or prohibition notice, for part 7 (Regulatory action)—see section 78.
registered ART provider means a person registered as an ART provider under part 3.
related corporation, for part 7 (Regulatory action)—see section 78.
relevant medical history, of a donor, means any medical history or genetic test results of the donor or their family that are relevant to the future health of—
(a)a person undergoing ART treatment using the donor’s donated gamete; or
(b)the donor’s donor conceived offspring; or
(c)a child of the donor’s donor conceived offspring.
remote application, for division 8.5 (Warrants)—see section 100 (3).
retention period, in relation to a pre-commencement record, for part 6 (Pre-commencement records)—see section 71.
reviewable decision, for part 10 (Notification and review of decisions)—see section 122.
self-insemination means artificial insemination not performed or supervised by a doctor on behalf of a registered ART provider.
warrant, for part 8 (Enforcement)—see section 89.
warrant form, for division 8.5 (Warrants)—see section 103 (2).
warrant terms, for division 8.5 (Warrants)—see section 102 (2).
young person—see the Children and Young People Act 2008, section 12.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Assisted Reproductive Technology Act 2024 A2024-7
notified LR 28 March 2024
s 1, s 2 commenced 28 March 2024 (LA s 75 (1))
pt 1, pt 2, div 4.5, div 6.1, div 6.2, pt 11, pt 12, dict commenced 29 March 2024 (s 2 (1))
pt 5 commenced 28 March 2025 (s 2 (3) (b))
remainder commenced 28 September 2024 (s 2 (2) and LA s 79)as amended by
Health Legislation Amendment Act 2024 A2024-42 pt 2
notified LR 17 September 2024
s 1, s 2 commenced 17 September 2024 (LA s 75 (1))
pt 2 commenced 28 September 2024 (s 2 (2) (a) and see A2024-7 s 2 (2) and LA s 79)Assisted Reproductive Technology Amendment Act 2025 A2025-6
notified LR 27 March 2025
s 1, s 2 commenced 27 March 2025 (LA s 75 (1))
s 5 commenced 28 March 2025 (s 2 (2))
remainder commenced 28 March 2025 (s 2 (1))Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.6
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.6 commenced 16 November 2025 (s 2 (1))
Amendment history
Commencement
s 2om LA s 89 (4)
Donated gametes or embryos—limits on number of families
s 40am A2025‑6 s 4; A2025‑29 amdt 3.10
Mandatory information
s 53am A2025‑6 s 5
Return of seized things
s 112am A2024-42 s 4
Criminal liability of executive officer
s 118am A2025‑29 amdt 3.11
Protection of public officials from liability
s 121am A2025‑6 s 6
Applying, adopting or incorporating documents in regulations
s 126 hdgsub A2025‑29 amdt 3.12
s 126am A2025‑29 amdts 3.13-3.17; pars renum R4 LA
Transitional
pt 12 hdgexp 29 March 2039 (s 133)
Definitions—pt 12
s 128sub A2025‑6 s 7
exp 29 March 2039 (s 133)
Use, supply and export of gametes and embryos
s 129exp 29 March 2039 (s 133)
Storage of gametes and embryos
s 130exp 29 March 2039 (s 133)
Completion of family—subsequent gametes where person became pregnant before end of transitional period
s 131sub A2024-42 s 5; A2025‑6 s 8
exp 29 March 2039 (s 133)
Completion of family—embryos created before end of transitional period
s 132sub A2025‑6 s 8
exp 29 March 2039 (s 133)
Completion of family—subsequent gametes where embryo created before end of transitional period
s 132Ains A2025‑6 s 8
exp 29 March 2039 (s 133)
Completion of family—gametes donated and allocated before end of transitional period
s 132Bins A2025‑6 s 8
exp 29 March 2039 (s 133)
Completion of family—subsequent gametes where gamete allocated before end of transitional period
s 132Cins A2025‑6 s 8
exp 29 March 2039 (s 133)
Donor taken to consent to use of gametes and embryos for completion of family
s 132Dins A2025‑6 s 8
exp 29 March 2039 (s 133)
Certain things done or omitted to be done not invalid
s 132Eins A2025‑6 s 8
exp 29 March 2039 (s 133)
Expiry—pt 12
s 133exp 29 March 2039 (s 133)
Consequential amendments
pt 13 hdgom LA s 89 (3)
Freedom of Information Act 2016
s 134om LA s 89 (3)
Human Cloning and Embryo Research Act 2004
s 135om LA s 89 (3)
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
29 Mar 202429 Mar 2024–
27 Sept 2024not amended new Act R2
28 Sept 202428 Sept 2024–
27 Mar 2025A2024‑42 commenced provisions and amendments by A2024‑42 R3
28 Mar 202528 Mar 2025–
15 Nov 2025A2025‑6 commenced provisions and amendments by A2025‑6
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0
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