Assisted Reproductive Technology Amendment Act 2025 (ACT)

Case

Assisted Reproductive Technology Amendment Act 2025

A2025-6

An Act to amend the Assisted Reproductive Technology Act 2024

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Assisted Reproductive Technology Amendment Act 2025.

  2. Commencement

    (1)This Act (other than section 5) commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)Section 5 commences on the later of—

    (a)the day after this Act’s notification day; and

    (b)the commencement of the Assisted Reproductive Technology Act 2024, section 53.

  3. Legislation amended

    This Act amends the Assisted Reproductive Technology Act 2024.

  4. Donated gametes or embryos—limits on number of families
    Section 40 (1) (c)

    substitute

    (c)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.

  5. Mandatory information
    Section 53 (2) (a)

    after

    about the donor

    insert

    kept by the ART provider under section 48

  6. Protection of public officials from liability
    New section 121 (3)

    insert

    (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.

  7. Section 128

    substitute

  8. 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.

  9. Sections 131 and 132

    substitute

  10. 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.

  11. 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.

132E        Certain 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).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 4 February 2025.

  2. Notification

    Notified under the Legislation Act on 27 March 2025.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Assisted Reproductive Technology Amendment Bill 2025, which was passed by the Legislative Assembly on 18 March 2025.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2025

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