Assisted Reproductive Treatment Act 2008 (Vic)

Version No. 030

Assisted Reproductive Treatment Act 2008

No. 76 of 2008

Version incorporating amendments as at

1 January 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Interpretation of references to procedures and treatment

5Guiding principles

6Act to bind the Crown

Part 2—Treatment procedures

Division 1—General

7Assisted reproductive treatment

8Artificial insemination

9Section 8 not applicable to self-insemination

Division 2—General requirements for treatment procedures

10Persons who may undergo treatment procedures

11Requirements as to consent

13Counselling

15Application for review

Division 3—Requirements for donors

16Donation of gametes or an embryo

17Requirements as to consent

18Counselling requirements

19Requirements as to the giving and receiving of information

Division 4—Provisions about consent

20Withdrawal of consent

20AConsent to treatment procedure taken to be withdrawn on separation

21Lapsing of consent

22Record of consent, withdrawal of consent and notice of separation

23Transfer of documents

24Information about transfer of donated gametes or an embryo

Division 5—Requirements for donor treatment procedures

25Information and advice

Part 3—Offences relating to use and storage of gametes and embryos and other matters

Division 1—Prohibited procedures

26Procedures involving gametes produced by children

27Ban on certain procedures

28Ban on sex selection

29Ban on using donated gametes to produce more than 10 families

30Ban on destructive research on embryos created for treatment purposes

Division 2—Storage

30AMeaning of responsible person

31Storing gametes

31APanel may approve longer or further storage period

31BTime for removal of gametes from storage

32Prohibition on storing embryos except in particular circumstances

33Storing embryos for later transfer

33APatient Review Panel may approve longer or further storage of embryos

34Removal of embryos from storage

34ATime for removal of embryos from storage

Division 3—General offences in relation to gametes and embryos

35Formation of embryos

36Moving donated gametes and embryos into and out of Victoria

37Exemption from compliance—bringing or taking gametes or embryo into or out of Victoria

37AOffence to certify a false or misleading matter

37BRecord keeping

37CGuidelines

37DRegulations

37EOffence to contravene prescribed prohibition or requirements

Division 4—Offence in relation to giving information

38False or misleading information

Part 4—Surrogacy

39Certain surrogacy arrangements to require approval of Patient Review Panel

40Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement

41Patient Review Panel may approve non-complying surrogacy arrangement in exceptional circumstances

42Application of general requirements for treatment to surrogacy arrangement

42AIntended parents not required to give donor's consent

43Counselling and legal information

44Surrogacy costs

44ARights of surrogate mother in relation to pregnancy and birth

45Prohibition on certain publications

Part 5—Posthumous use of gametes

46Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider

47Approval by Patient Review Panel

48Counselling

Part 6—Registers and access to information

Division 1—Registers kept by registered ART providers and doctors

49Register to be kept by registered ART providers

49ARegister of pre-1988 donor treatment procedures to be kept by registered ART provider

50Register to be kept by doctor carrying out artificial insemination

51Information to be given to the Donor Conception Registrar by registered ART providers

52Information to be given to Donor Conception Registrar by doctors

52AAInformation to be given to the Registrar by the Donor Conception Registrar

52AInformation to be given to Donor Conception Registrar by registered ART provider—register of pre‑1988 donor treatment procedures

52BInformation may be given to Donor Conception Registrar by persons other than registered ART providers—pre-1988 donor treatment procedures

53Donor Conception Registrar to keep a Central Register

54Donor Conception Registrar to correct Central Register on request

54ADonor Conception Registrar to correct or include information on Central Register without request

Division 2—Information to be given by registered ART providers and doctors

55Information recorded by registered ART providers that is to be given to donors

55AInformation recorded by doctors that is to be given to donors

Division 3—Disclosure of information on Central Register

56Application for information on Central Register

56AApplication relating to person born as a result of pre-1988 donor treatment procedure—access to public records

56BDonor Conception Registrar may request records—pre-1988 donor treatment procedures

56COffence to disclose that Donor Conception Registrar has requested records—pre-1988 donor treatment procedures

56DDonor Conception Registrar may apply to Magistrates' Court for production order

56EHearing of application for production order

56FMagistrates' Court may make production order

56GExpiry of production order

56HFailure to comply with production order

56IMedical professional privilege, contravention of ethics not a reasonable excuse

56JDonor Conception Registrar may request additional information in order to identify pre-1998 donor

56KOffence to disclose that Donor Conception Registrar has requested additional information relating to donor or donor treatment procedures

56LDonor Conception Registrar may request genetic test results of suspected donor

56MDonor Conception Registrar may request genetic test results of relative of suspected donor

56NDonor Conception Registrar to be satisfied of relationship before disclosing information

57Disclosure of information that does not identify a person

58Disclosure of information to parent of person born as a result of donor treatment or donor

59Disclosure of information to persons born as a result of a donor treatment procedure

60Disclosure of information to persons descended from persons born as a result of donor treatment procedure

60AApplication for information on Central Register about donor siblings

62Notice to be given of intended disclosure

Division 3A—Disclosure and contact preferences for pre-1998 donors

63Disclosure of information if pre-1998 donor deceased or not located

63AInformation leading to location of donor

63BTime limit for disclosure of identifying information about pre-1998 donors

63CContact preference for pre-1998 donors

63DDuration of contact preferences lodged by pre-1998 donors

63EAmendment of contact preferences lodged by pre‑1998 donors

63FWithdrawal of contact preferences lodged by pre‑1998 donors

63GUndertaking required from applicant for identifying information relating to pre-1998 donors

63HApplications from children for information relating to pre‑1998 donors

Division 3B—Contact preferences for persons born as a result of a donor treatment procedure

63IContact preferences for persons born as a result of a donor treatment procedure—application for disclosure

63JForm of contact preference

63KDuration of contact preferences for person born as a result of donor treatment procedure

63LDuration of contact preferences lodged by parent or guardian of person born as a result of donor treatment procedure

63MAmendment of contact preferences lodged in relation to persons born as a result of a donor treatment procedure

63NWithdrawal of contact preferences lodged in relation to persons born as a result of a donor treatment procedure

63OUndertaking required from applicant for identifying information relating to person born as a result of a donor treatment procedure

Division 4—General provisions

64Information

65Disclosure of information to doctor

66Records of information disclosed

66AConfidentiality of information on the Central Register

66BConfidentiality of other information provided to the Donor Conception Registrar under this Part

66CConfidentiality of information on the Central Register disclosed by the Donor Conception Registrar

67Consent

67AARequirement to give statement of the applicant's reasons for the application

67APart 6 counsellor

67BAuthorisation of organisations

68Exemption from Freedom of Information Act 1982

Part 6A—Access to certain kinds of medical information

68AApplication of Part

68BRegistered ART provider may disclose medical information

68CDisclosure of medical information

68DDisclosure of information from Central Register to registered ART provider

68ERegistered ART provider not required to disclose medical information under this Part

Part 7—Voluntary Register

69Application of Part

70Donor Conception Registrar to keep Voluntary Register

71Information and matter to be entered in Voluntary Register

72Disclosure of information

Part 8—Registration and designated officers

Division 1—Registration as an ART provider

74Registration as an ART provider

75General conditions on registration

75ASpecific conditions on registration

75BAmendment or revocation of specific condition

75CGeneral condition or specific condition imposed must not be inconsistent with RTAC accreditation

75DOffence to contravene general condition or specific condition

Division 2—General provisions about registrations

76Suspension of registration

77Immediate suspension of registration

77AEffect of suspension

78Offence of failing to notify Secretary if RTAC accreditation no longer held

Division 3—Designated officers

80Designated officers for registered ART providers

Division 4—Register of registered ART providers

81Register of registered ART providers

Part 9—Patient Review Panel

Division 1—Constitution and procedures of Patient Review Panel

82Establishment of Panel

83Constitution of Panel

85Functions of Panel

86Chairperson and deputy chairpersons

87Acting chairperson

87AOther members

88Payment of members

89Notice of hearing

90Conduct of hearing

91Decision by Patient Review Panel

92Written reasons for decisions

93Effect of vacancy or defect

94Immunity

95Evidence

Division 2—Review of Patient Review Panel's decisions

96Reviewable decisions

97Who may apply for review

98When application must be made

Part 10—Donor Conception Registrar

99Employment of Donor Conception Registrar

100Functions of the Donor Conception Registrar

101Powers of the Donor Conception Registrar

102Staff of the Donor Conception Registrar

103Secretary may engage persons to assist Donor Conception Registrar to perform functions

104Delegation

Part 10A—Functions and powers of the Secretary

105Functions of the Secretary

106Powers of the Secretary

Part 10B—Compliance

Division 1—Improvement notices

107Power to give improvement notice

108Content of improvement notice

109Amendment of improvement notice

110Withdrawal of improvement notice

111Criminal proceeding not affected by improvement notice

112Offence to contravene improvement notice

Division 2—Prohibition notices

113Power to give prohibition notice

114Content of prohibition notice

115Amendment of prohibition notice

116Withdrawal of prohibition notice

116A Criminal proceeding not affected by prohibition notice

116BOffence to contravene prohibition notice

Division 3—Enforceable undertakings

116CPower to accept an enforceable undertaking

116DAmendment or withdrawal of enforceable undertaking

116ENo criminal proceeding if enforceable undertaking is complied with

116FNo criminal proceeding while enforceable undertaking is in force

116GCriminal proceeding if enforceable undertaking is withdrawn

116HEnforcement of enforceable undertaking by Magistrates' Court

116IEnforcement of enforceable undertaking order by Secretary

Division 4—Information or document production notices

116JPower to give information or document production notice

116KOffence to contravene information or document production notice

116LProtection against self‑incrimination

116MAdmissibility of document produced under information or document production notice

116NOffence to provide false or misleading information

Division 5—Review by VCAT

116OApplication for review by VCAT

Division 6—Infringement notices

116PInfringement notice

Division 7—Service of documents

116QService

Part 11—General

117No action if gametes used without knowing consent withdrawn or lapsed

119Powers and duties of Secretary to inspect documents

120Offence to obstruct or hinder

121Prohibition on destruction of or tampering with documents

121ARecords identifying donor treatment procedure participants to be kept

122Requirements if registered ART provider ceases to operate

123Indictable offences

123AReview of operation of this Act as amended by the Health Legislation Amendment (Regulatory Reform) Act 2024

Part 12—Regulations

124Regulations

125Application etc of regulations

Part 13—Repeal, savings and transitional provisions

Division 1—Repeal

126Repeal

Division 2—Transitional provisions

127Definitions

128References to repealed Act etc

129Consents

130Registers

131Licence holders

132Authority

133Applications

Division 3—Savings provision

135Continued operation of Infertility Treatment Regulations

Division 4—Transitional provisions—Assisted Reproductive Treatment Amendment Act 2013

136Definitions

137Validation of storage of certain gametes past expiry

138Validation of storage of certain embryos past expiry

139Continuation of the Patient Review Panel

Division 5—Transitional provisions—Assisted Reproductive Treatment Further Amendment Act 2014

140Initial provision of information on register of pre‑1988 donor treatment procedures

Division 6—Transitional provisions—Assisted Reproductive Treatment Amendment Act 2016

141Registrar must provide Authority with copy of Central Register

142Applications

143Lodgement of contact preferences

144Continuation of Central Register

145Continuation of Voluntary Register

Division 7—Transitional provisions—Assisted Reproductive Treatment Amendment Act 2021

146Definition

147Application of amendments to gametes or embryos donated before commencement

148Posthumous use of gametes or embryo

149Information to be given to donors by doctors

Division 8—Abolition of Authority and transitional provisions—Health Legislation Amendment (Regulatory Reform) Act 2024

150Definitions

151Abolition of the Authority

152Transfer of Authority staff

153Victorian Assisted Reproductive Treatment Authority Fund

154Applications for registration on foot

155Application of this Act to registration of registered ART providers in force immediately before the commencement day

156Condition imposed on registration of registered ART providers in force immediately before the commencement day

157Suspension of registration in force immediately before the commencement day

158List of registered ART providers

159Exemptions

160Central Register

161Application for information from Central Register

162Previous contact

163Disclosure of information to parent of a person born as a result of a donor treatment procedure or donor

164Duration of contact preferences

165Voluntary Register

166Request made to Authority to enter name and address in Voluntary Register

167Custody of information or records held by Authority

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 030

Assisted Reproductive Treatment Act 2008

No. 76 of 2008

Version incorporating amendments as at

1 January 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to regulate the use of assisted reproductive treatment and artificial insemination procedures (other than self-insemination); and

(b)to regulate access to information about treatment procedures carried out under this Act; and

(c)to promote research into the incidence, causes and prevention of infertility; and

(d)to make provision with respect to surrogacy arrangements; and

*                *                *                *                *

(f)to provide for the keeping of the Central Register and the Voluntary Register by the Donor Conception Registrar; and

(g)to repeal the Infertility Treatment Act 1995; and

(h)to amend the Status of Children Act 1974 and the Births, Deaths and Marriages Registration Act 1996 and other Acts consequent on the enactment of this Act.

2Commencement

(1)Sections 1 and 135 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 January 2010, it comes into operation on that day.

3Definitions

In this Act—

artificial insemination means a procedure of transferring sperm without also transferring an oocyte into the vagina, cervical canal or uterus of a woman;

assisted reproductive treatment means medical treatment or a procedure that procures, or attempts to procure, pregnancy in a woman by means other than sexual intercourse or artificial insemination, and includes—

(a)in-vitro fertilisation; and

(b)gamete intrafallopian transfer; and

(c)any related treatment or procedure prescribed by the regulations;

*                *                *                *                *

Central Register means the register kept by the Donor Conception Registrar under section 53;

child means a person who is less than 18 years of age;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

contact preference means a written statement lodged under section 63C or 63I;

*                *                *                *                *

designated officer, in relation to a registered ART provider, means a person appointed, employed or engaged by that provider under Division 3 of Part 8;

doctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

donor means a person who has given a consent under section 16;

Donor Conception Registrar means a person who is employed as the Donor Conception Registrar under section 99;

donor embryo means an embryo in respect of which consent has been given under section 16;

donor gametes means a donor oocyte or donor sperm;

donor oocyte means an oocyte in respect of which consent has been given under section 16;

donor sibling, in relation to a person born as a result of a donor treatment procedure, means a sibling of that person who was born as a result of a donor treatment procedure using gametes donated by the same donor;

donor sperm means sperm in respect of which consent has been given under section 16;

donor treatment procedure means a treatment procedure in which donor gametes or a donor embryo is used;

embryo means a discrete entity that has arisen from either—

(a)the first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or

(b)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 has not yet reached 8 weeks of development since the first mitotic division;

enforceable undertaking means an undertaking given by a regulated person under section 116C;

enforceable undertaking order means an order made by the Magistrates' Court under section 116H(2);

excess ART embryo has the meaning given by the Research Involving Human Embryos Act 2008;

exemption means an exemption under section 37;

gametes means sperm or an oocyte;

general condition means a condition imposed under section 75;

Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;

identifying information means information that will or may disclose the identity of a person;

improvement notice means a notice given under section 107;

information or document production notice means a notice given under section 116J;

intended parent, for a surrogacy arrangement, means the person or persons who enter into the surrogacy arrangement for a woman to carry a child on behalf of the person or persons;

non-identifying information means information other than identifying information;

notice of separation means a notice given under section 20A(3);

oocyte means an ovum from a woman;

Part 6 counsellor has the meaning given in section 67A;

partner, in relation to a person, means—

(a)the person's spouse (other than a spouse from whom the person has separated); or

(b)a person who lives with the first person as a couple on a genuine domestic basis, irrespective of gender;

*                *                *                *                *

pre-1988 donor treatment procedure means a treatment procedure carried out using gametes donated before 1 July 1988;

pre-1998 donor means a person who donated gametes before 1 January 1998;

pre-1998 donor treatment procedure means a donor treatment procedure carried out using gametes donated before 1 January 1998;

production order means an order referred to in section 56D(1);

prohibition notice means a notice given under section 113;

registered ART provider means a person who is registered under Part 8 as a registered ART provider;

Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996;

regulated person means a person who is—

(a)a registered ART provider; or

(b)a designated officer of a registered ART provider; or

(c)a doctor carrying out artificial insemination or assisted reproductive treatment (whether or not on behalf of a registered ART provider); or

(d)carrying out artificial insemination or assisted reproductive treatment under the supervision and direction of a doctor referred to in paragraph (c);

RTAC accreditation means accreditation granted by the Reproductive Technology Accreditation Committee of the Fertility Society of Australia and New Zealand;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

self-insemination means artificial insemination not carried out by a doctor or a person carrying out artificial insemination under the supervision and direction of a doctor who is carrying out the treatment on behalf of a registered ART provider;

specific condition means a condition imposed under section 75A;

sperm includes spermatids;

store means—

(a)to freeze an oocyte, embryo or sperm; or

(b)to otherwise preserve an oocyte, embryo or sperm by a prescribed method;

surrogacy arrangement means an arrangement, agreement or understanding, whether formal or informal, under which a woman agrees with another person to become or try to become pregnant, with the intention—

(a)that a child born as a result of the pregnancy is to be treated as the child, not of her, but of another person or persons (whether by adoption, agreement or otherwise); or

(b)of transferring custody or guardianship in a child born as a result of the pregnancy to another person or persons; or

(c)that the right to care for a child born as result of the pregnancy be permanently surrendered to another person or persons;

treatment procedure means—

(a)artificial insemination, other than self‑insemination; or

(b)assisted reproductive treatment;

Voluntary Register means the register kept by the Donor Conception Registrar under section 70.

4Interpretation of references to procedures and treatment

(1)This section applies to a reference in this Act to—

(a)a kind of procedure; or

(b)a kind of assisted reproductive treatment; or

(c)a kind of treatment procedure; or

(d)a procedure, assisted reproductive treatment or treatment procedure of a particular kind.

(2)Unless a contrary intention appears, a reference to the procedure or treatment includes—

(a)the nature or type of procedure or treatment; and

(b)whether the procedure or treatment involves the use of a donor oocyte or donor sperm, or an embryo formed from a donor oocyte or donor sperm (or both); and

(c)in relation to a consent or withdrawal of consent of a donor, whether—

(i)gametes or an embryo may be used in a procedure or treatment to be carried out on a woman who is not the donor; and

(ii)gametes or embryo may be used in such a procedure or treatment to be carried out on any woman, or only on a named woman.

5Guiding principles

It is Parliament's intention that the following principles be given effect in administering this Act, carrying out functions under this Act, and in the carrying out of activities regulated by this Act—

(a)the welfare and interests of persons born or to be born as a result of treatment procedures are paramount;

(b)at no time should the use of treatment procedures be for the purpose of exploiting, in trade or otherwise—

(i)the reproductive capabilities of individuals; or

(ii)children born as a result of treatment procedures;

(c)children born as the result of the use of donated gametes have a right to information about their donors;

(d)the health and wellbeing of persons undergoing treatment procedures must be protected at all times;

(e)persons seeking to undergo treatment procedures must not be discriminated against on the basis of their sexual orientation, marital or relationship status, gender identity, sex characteristics, race or religion.

6Act to bind the Crown

(1)This Act binds the Crown, not only in right of the State of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act renders the Crown liable to be prosecuted for an offence.

PART 2—TREATMENT PROCEDURES

Division 1—General

7Assisted reproductive treatment

A person may only carry out assisted reproductive treatment if—

(a)the person—

(i)is a doctor who is carrying out the treatment on behalf of a registered ART provider; or

(ii)is carrying out the treatment under the supervision and direction of a doctor who is carrying out the treatment on behalf of a registered ART provider; and

(b)the person is satisfied that the requirements of Divisions 2, 3 and 4 have been met.

Penalty:480 penalty units or 4 years imprisonment or both.

8Artificial insemination

A person may carry out artificial insemination of a woman only if—

(a)the person—

(i)is a doctor; or

(ii)carries out the artificial insemination under the supervision and direction of a doctor who is carrying out the treatment on behalf of a registered ART provider; and

(b)the person is satisfied that the requirements of Divisions 2, 3 and 4 have been met.

Penalty:480 penalty units or 4 years imprisonment or both.

9Section 8 not applicable to self-insemination

Section 8 does not apply to—

(a)a woman carrying out self-insemination; or

(b)the woman's partner or a relative or friend of the woman, assisting the woman to carry out self-insemination.

Division 2—General requirements for treatment procedures

10Persons who may undergo treatment procedures

(1)A woman may undergo a treatment procedure only if—

(a)the woman and her partner, if any, have consented, in the prescribed form, to the carrying out of a procedure of that kind; and

(b)either—

(i)the criteria in subsection (2) apply to the woman; or

(ii)the Patient Review Panel has decided there is no barrier to the woman undergoing a treatment procedure of that kind.

(2)For subsection (1)(b)(i), the criteria applicable to the woman is that a doctor is satisfied, on reasonable grounds, that—

(a)in the woman's circumstances, the woman is unlikely to become pregnant other than by a treatment procedure; or

(b)the woman is unlikely to be able to carry a pregnancy or give birth to a child without a treatment procedure; or

(c)the woman is at risk of transmitting a genetic abnormality or genetic disease to a child born as a result of a pregnancy conceived other than by a treatment procedure, including a genetic abnormality or genetic disease for which the woman's partner is the carrier.

(3)A doctor may be satisfied under subsection (2)(c) that the woman is at risk of transmitting a genetic abnormality or genetic disease only if—

(a)the doctor has obtained advice to that effect from another doctor or a geneticist; and

(b)if the advice is from another doctor, the other doctor has specialist qualifications in human genetics.

11Requirements as to consent

(1)A consent under section 10(1)—

(a)must specify that the woman and her partner, if any, have consented to undergo the kind of treatment procedure specified in the consent; and

(b)must not have been withdrawn or have lapsed when the treatment procedure takes place.

*                *                *                *                *

(1A)To avoid doubt, the woman's partner is not required to give consent under section 16(1) for use of the partner's gametes in the treatment procedure.

(2)The person giving the consent must give the consent or cause the consent to be given to—

(a)a designated officer of the registered ART provider that is to carry out the treatment procedure; or

(b)if the procedure is to be carried out by a person other than a registered ART provider, the doctor in charge of the woman's treatment.

*                *                *                *                *

13Counselling

(1)Before a woman consents to undergo assisted reproductive treatment, the woman and her partner, if any, must have received counselling (including counselling in relation to the prescribed matters) from a counsellor who provides services on behalf of a registered ART provider.

(2)Before a woman consents to undergo artificial insemination, the woman and her partner, if any, must have received counselling (including counselling in relation to the prescribed matters) from—

(a)a counsellor who provides counselling on behalf of a registered ART provider; or

(b)a person who meets the prescribed requirements for counselling.

*                *                *                *                *

15Application for review

(1)A person may apply to the Patient Review Panel for a review if—

*                *                *                *                *

(b)under section 10(2) the person is ineligible for treatment; or

(c)a registered ART provider or a doctor has refused to carry out a treatment procedure on a woman because the provider or doctor reasonably believes that a child that may be born as a result of a treatment procedure carried out on the woman would be at risk of abuse or neglect.

(2)After considering an application for review made under this section, the Patient Review Panel may decide that there is no barrier to the person undergoing treatment procedures generally or a treatment procedure of a specified kind.

(3)In deciding the application for review, the Patient Review Panel must have regard to—

(a)the guiding principles referred to in section 5; and

(b)whether carrying out a treatment procedure, whether generally or of a specified kind, on the person—

(i)is for a therapeutic goal; and

(ii)is consistent with the best interests of a child who would be born as a result of the treatment procedure.

Division 3—Requirements for donors

16Donation of gametes or an embryo

(1)Gametes donated by a person may be used in a treatment procedure only if the person who donated the gametes has consented to the use of the gametes in a treatment procedure of that kind.

(2)An embryo may be used in a treatment procedure only if each of the persons who donated gametes used to create the embryo has consented to the use of the person's gametes for a treatment procedure of that kind.

(3)To avoid doubt, a reference in subsection (2) to a person who donated gametes used to create the embryo includes a reference to a person who produced gametes used to create the embryo, unless the treatment procedure is to be carried out on—

(a)the person who produced the gametes or that person's partner; or

(b)a surrogate mother under a surrogacy arrangement, in relation to which the person who produced the gametes is an intended parent.

17Requirements as to consent

(1)A donor's consent under section 16—

(a)must be in the prescribed form; and

(b)must specify the number of women on whom treatment procedures using the donor's oocyte, sperm or embryo may be carried out; and

(c)must specify the kinds of treatment procedures for which the oocyte, sperm or embryo may be used; and

(d)must not have been withdrawn or have lapsed—

(i)in the case of donor gametes—

(A)when the gametes are used in a treatment procedure; or

(B)if the gametes are earlier used to form an embryo, when the gametes are used to form the embryo; or

(ii)in the case of consent given by a person who produced gametes used to create the embryo, when the embryo is used in a treatment procedure.

(2)A person giving consent under section 16 must give the consent or cause the consent to be given to—

(a)if the donation is made—

(i)to a registered ART provider, a designated officer of the registered ART provider; or

(ii)to a person other than a registered ART provider, a doctor; or

(b)in accordance with the regulations.

18Counselling requirements

(1)Before a person gives consent under section 16 for use of the person's gametes in assisted reproductive treatment, the person must have received counselling (including counselling in relation to the prescribed matters) from a counsellor who provides services for a registered ART provider.

(2)Before a person gives consent under section 16 for use of the person's gametes in artificial insemination, the person must have received counselling (including counselling in relation to the prescribed matters) from—

(a)a counsellor who provides counselling on behalf of a registered ART provider; or

(b)a person who meets the prescribed requirements for counselling.

19Requirements as to the giving and receiving of information

At the time at which a donor gives consent under section 16, the donor—

(a)must give the prescribed information required to be recorded in the register under section 49 or 50 in relation to donors; and

(b)must be given written advice by the registered ART provider or doctor who carries out artificial insemination other than on behalf of a registered ART provider to whom the donation is being made about—

(i)the rights of any person born as a result of a donor treatment procedure, the parents of that person and any other persons to the disclosure of information under Division 3 of Part 6; and

(ii)the nature of the information about the donor that is recorded in the Central Register; and

(iii)the donor's rights to obtain information under Divisions 2 and 3 of Part 6; and

(iv)the existence and function of the Voluntary Register.

Division 4—Provisions about consent

20Withdrawal of consent

(1)A person who gives a consent under section 10(1) may withdraw it at any time before the procedure or action consented to is carried out.

(1A)A person who gives a consent under section 16 may withdraw it—

(a)in the case of donor gametes, at any time before the earliest of the following occurs—

(i)when the gametes are used in a treatment procedure; or

(ii)if the gametes are earlier used to form an embryo, when the gametes are used to form the embryo; or

(b)in the case of consent given by a person who produced gametes used to create the embryo, at any time before the embryo is used in a treatment procedure.

(2)A withdrawal of consent under this section must be in writing.

(3)A person withdrawing a consent must give the withdrawal or cause the withdrawal to be given as soon as practicable—

(a)to the registered ART provider or doctor to whom the consent was given; or

(b)to the registered ART provider or doctor with whom the sperm, oocyte or embryo to which the consent relates is kept or stored; or

(c)in accordance with the regulations.

20AConsent to treatment procedure taken to be withdrawn on separation

(1)This section applies if—

(a)a woman and her partner have each given a consent under section 10(1) to a treatment procedure; and

(b)gametes produced by the woman's partner are to be used in the treatment procedure to be carried out on the woman; and

(c)before the treatment procedure is carried out, the woman and her partner separate.

(2)The consent given under section 10(1) by each of the woman and her partner is taken to be withdrawn on their separation.

(3)As soon as practicable after the separation, the woman and her former partner must each give written notice of the separation or cause the written notice to be given—

(a)to the registered ART provider or doctor to whom the consent under section 10(1) was given; or

(b)to the registered ART provider or doctor with whom the sperm, oocyte or embryo to which the consent relates is kept or stored; or

(c)in accordance with the regulations.

21Lapsing of consent

(1)In the case of donor gametes, the consent of the donor given under section 16(1) lapses—

(a)10 years after it has been given; or

(b)if any lesser period has been specified in the consent by the donor, at the end of that period.

(2)In the case of a donor embryo, the consent of each donor given under section 16 lapses—

(a)10 years after it has been given; or

(b)if any lesser period has been specified in the consent by the donor, at the end of that period.

22Record of consent, withdrawal of consent and notice of separation

(1)A designated officer of a registered ART provider must—

(a)obtain and keep the original of each consent, withdrawal of consent or notice of separation given to the provider under this Part; and

(b)ensure that a certified copy of each consent, withdrawal of consent or notice of separation is given to—

(i)the person who gave the consent, withdrawal of consent or notice of separation; and

(ii)in the case of a notice of separation, to the former partner of the person who gave the notice of separation.

(2)A doctor carrying out artificial insemination other than on behalf of a registered ART provider must—

(a)obtain and keep the original of each consent, withdrawal of consent or notice of separation given to the doctor under this Part; and

(b)ensure that a certified copy of each consent, withdrawal of consent or notice of separation is given to—

(i)the person who gave the consent, withdrawal of consent or notice of separation; and

(ii)in the case of a notice of separation, to the former partner of the person who gave the notice of separation.

23Transfer of documents

If gametes or an embryo is transferred from a registered ART provider (the first provider) to another registered ART provider (the second provider), a designated officer of the first provider must ensure that any consent, withdrawal of a consent or notice of separation relevant to the gametes or embryo is also transferred to the second provider.

24Information about transfer of donated gametes or an embryo

(1)This section applies if a registered ART provider (the transferring registered ART provider) transfers a donor's gametes, or an embryo formed from the gametes, to another registered ART provider.

(2)A designated officer of the transferring registered ART provider must make all reasonable efforts to give the donor written notice of the name of the registered ART provider to whom the gametes or embryo has been transferred.

Division 5—Requirements for donor treatment procedures

25Information and advice

(1)Before a woman undergoes a donor treatment procedure, the registered ART provider carrying out the treatment procedure must give the woman and her partner, if any, written advice about—

(a)the rights of any person born as a result of that procedure, the donor and any other persons to information under Divisions 2 and 3 of Part 6; and

(b)the nature of the information about the woman and her partner, if any, that is recorded in the Central Register; and

(c)the rights of the woman and her partner, if any, to obtain information under Division 3 of Part 6; and

(d)the existence and function of the Voluntary Register.

(2)Before a woman undergoes artificial insemination using donor sperm carried out by a doctor who carries out artificial insemination other than on behalf of a registered ART provider, the doctor must give the woman and her partner, if any, written advice about—

(a)the rights of any person born as a result of that procedure, the donor and any other persons to information under Divisions 2 and 3 of Part 6; and

(b)the nature of the information about the woman and her partner, if any, that is recorded in the Central Register; and

(c)the rights of the woman and her partner, if any, to obtain information under Division 3 of Part 6; and

(d)the existence and function of the Voluntary Register.

PART 3—OFFENCES RELATING TO USE AND STORAGE
OF GAMETES AND EMBRYOS AND OTHER MATTERS

Division 1—Prohibited procedures

26Procedures involving gametes produced by children

(1)A person must not use, for a treatment procedure—

(a)gametes produced by a child; or

(b)an embryo formed from gametes produced by a child.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)Subsection (1) does not apply if—

(a)a doctor has certified there is a reasonable risk of the child becoming infertile before becoming an adult; and

(b)the person obtains gametes from the child for the purpose of storing the gametes for the child's future benefit.

(3)A person must not use gametes obtained under subsection (2)—

(a)in the treatment of another person, including a relative of the child; or

(b)for research purposes; or

(c)after the death of the person who produced the gametes.

Penalty:240 penalty units or 2 years imprisonment or both.

27Ban on certain procedures

(1)A person must not carry out a treatment procedure—

(a)using sperm produced by more than one person or oocytes produced by more than one person; or

(b)in which more than one embryo is used if the gametes from which each embryo is formed are not produced by the same two people.

Penalty:240 penalty units or 2 years imprisonment or both.

28Ban on sex selection

(1)A person carrying out a treatment procedure must not use gametes or an embryo, or perform the procedure in a particular way, with the purpose or a purpose of producing or attempting to produce a child of a particular sex.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)Subsection (1) does not apply if—

(a)it is necessary for the child to be of a particular sex so as to avoid the risk of transmission of a genetic abnormality or a genetic disease to the child; or

(b)the Patient Review Panel has otherwise approved the use of the gametes or embryo for the purpose or a purpose of producing or attempting to produce a child of a particular sex.

29Ban on using donated gametes to produce more than 10 families

(1)A person must not carry out a treatment procedure using gametes, or an embryo formed from gametes, produced by a donor if the person knows the treatment procedure may result in more than 10 women having children who are genetic siblings, including the donor and any current or former partner of the donor.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)If more than 10 women have children who are genetic siblings, subsection (1) does not prevent a person carrying out a treatment procedure on any of the women using gametes, or an embryo formed from gametes, produced by the donor to produce a child that will be a genetic sibling of the women's children.

(3)A person does not commit an offence against subsection (1) if—

(a)the person carries out a treatment procedure using gametes, or an embryo formed from gametes, produced by a donor; and

(b)the person knows the treatment procedure may result in more than 10 women having children who are genetic siblings; and

(c)the treatment procedure is carried out—

(i)on a woman who has a female partner or whose female partner is deceased to produce a child who will be a genetic sibling of the children of that woman and her partner or that woman and the deceased (as the case requires); or

(ii)on a woman under a surrogacy arrangement to produce a child who will be a genetic sibling of the children of—

(A)both intended parents; or

(B)the intended parent, if the other children of the intended parent were born as a result of a surrogacy arrangement commissioned only by that intended parent; or

(C)in the case of posthumous use, the intended parent and the deceased.

30Ban on destructive research on embryos created for treatment purposes

A person must not carry out research, outside the body of a woman, involving the use of an embryo—

(a)if the embryo is unfit for transfer to a woman; or

(b)in the case of an embryo which is fit for transfer to a woman, if the research would—

(i)harm the embryo; or

(ii)make the embryo unfit for transfer to a woman; or

(iii)reduce the likelihood of a pregnancy resulting from the transfer of the embryo.

Penalty:480 penalty units or 4 years imprisonment or both.

Division 2—Storage

30AMeaning of responsible person

(1)In this Division—

gamete donor means a person who gave consent under section 16(1) for use of the person's oocyte or sperm in a treatment procedure;

responsible person, in relation to an embryo, means—

(a)each person who produced the gametes from which the embryo has been formed but not including any person who is a gamete donor; or

(b)in the case of an embryo formed only from donor gametes—

(i)the woman and her partner (if any) for whose use in a treatment procedure the embryo was formed; or

(ii)the intended parent who commissioned or who intends to commission a surrogacy arrangement, and for whose use in a treatment procedure under that surrogacy arrangement the embryo was formed; or

(c)in the case of an embryo referred to in paragraph (b) that is later allocated—

(i)the woman and her partner (if any) to whom the embryo is allocated for use in a treatment procedure; or

(ii)the intended parent who commissioned or who intends to commission a surrogacy arrangement, and for whose use in a treatment procedure under that surrogacy arrangement the embryo is allocated.

(2)For the purposes of paragraphs (b)(i) and (c)(i) of the definition of responsible person, a reference to the woman's partner is a reference to the woman's partner at the time the embryo was formed or allocated, whether or not the woman and her partner have since separated.

31Storing gametes

(1)A person must not cause or permit gametes to remain in storage except as permitted by section 31B—

(a)if the person knows that the person who produced the gametes has asked for those gametes to be removed; or

(b)in any other case, after the end of the latest of the following periods—

(i)10 years; or

(ii)if the gametes have been obtained under section 26(2) from a child, 20 years; or

(iii)if the gametes have been produced by a person in respect of whom a certification has been made under subsection (2), 20 years; or

(iv)if the Patient Review Panel has given written approval under section 31A for a longer or further storage period, the approved period.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)A doctor may certify that a person is, at the time of producing the gametes, at reasonable risk of becoming prematurely infertile because of a medical procedure or condition.

31APanel may approve longer or further storage period

(1)If the person who produced the gametes has given written approval for a specified longer storage period, the Patient Review Panel may approve the longer storage period if it considers there are reasonable grounds to do so in the particular case.

(2)If the person who produced the gametes is unable to give written approval, or the person's written approval cannot be obtained, the Patient Review Panel may approve the longer storage period if it considers there are exceptional circumstances for doing so in the particular case.

(3)If an application is made for approval under subsection (1) or (2) after the period for storage of gametes referred to in section 31(1)(b) has expired, the Patient Review Panel may approve a further storage period if it considers there are exceptional circumstances in the particular case for failing to seek approval before the expiry of the period.

(4)An approval under this section may be subject to conditions.

Note

In deciding to approve a longer or further storage period, the Patient Review Panel must have regard to the guiding principles in section 5—see section 91(2).

31BTime for removal of gametes from storage

(1)A person may cause or permit gametes to remain in storage for up to 3 months after—

(a)the person becomes aware that the person who produced the gametes has asked for those gametes to be removed; or

(b)the expiry of the relevant period referred to in section 31(1)(b); or

(c)in case of a pending application, the relevant day unless the Tribunal approves the longer storage period on the relevant day; or

(d)if the Patient Review Panel refuses to approve a further storage period under section 31A(3), the relevant day unless the Tribunal approves the further storage period on the relevant day.

(2)In case of a pending application, a person may cause or permit gametes to remain in storage until the earlier of the following—

(a)the Patient Review Panel approves the longer storage period; or

(b)if the Patient Review Panel refuses or has refused to approve a longer storage period, the relevant day.

(3)A person must not use gametes kept in storage under subsection (1) or (2), unless the use by the person consists only of—

(a)storage of the gametes; or

(b)removal of the gametes from storage.

Penalty:240 penalty units or 2 years imprisonment or both.

(4)For the purposes of this section—

pending application means either of the following that, on the expiry of the relevant period referred to in section 31(1)(b), had been made but not yet decided—

(a)an application to the Patient Review Panel for approval of a longer storage period; or

(b)an application to the Tribunal for review of the Patient Review Panel's decision not to approve a longer storage period;

relevant day means the day—

(a)that is 28 days after the Patient Review Panel refuses to approve the longer or further storage period; or

(b)if an application is made to the Tribunal for review of the Patient Review Panel's decision, the Tribunal decides the application.

32Prohibition on storing embryos except in particular circumstances

(1)A person must not cause or permit an embryo to be placed or remain in storage except as permitted by section 34A.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)Subsection (1) does not apply if—

(a)the person is a registered ART provider; and

(b)it is intended to transfer the embryo to the body of a woman in a treatment procedure in accordance with this Act; and

(c)the persons who have produced the gametes from which the embryo has been formed have consented to its storage for the purpose of later transfer.

(3)A consent under subsection (2)(c)—

(a)must be in writing; and

(b)must be given as soon as practicable after the consent has been given, to the registered ART provider storing the embryo.

33Storing embryos for later transfer

(1)This section applies to an embryo stored as referred to in section 32(2).

(2)A registered ART provider must not cause or permit the embryo to remain in storage except as permitted by section 34A—

(a)if one of the persons who produced the gametes used to form the embryo has specified a storage period of less than 5 years, after that period; or

(b)in any other case, after the latest of the following days—

(i)the day that is 5 years after the day the embryo was placed in storage;

(ii)if each responsible person in relation to the embryo consents to storage for a period of not more than 5 years in addition to the period referred to in subparagraph (i), the day that is the end of that additional period;

(iii)if the Patient Review Panel gives approval under section 33A for a longer or further period of storage, the day that is the end of the period approved by the Panel.

Penalty:240 penalty units or 2 years imprisonment or both.

*                *                *                *                *

33APatient Review Panel may approve longer or further storage of embryos

(1)If the responsible persons in relation to the embryo have given written approval for a specified longer storage period, the Patient Review Panel may approve the longer storage period if it considers there are reasonable grounds to do so in the particular case.

(2)If a responsible person is unable to give written approval, or the person's written approval is unable to be obtained, the Patient Review Panel may approve a longer storage period if it considers there are exceptional circumstances for doing so in the particular case.

(3)If an application is made for approval under subsection (1) or (2) after the period for storage of the embryo referred to in section 33(2)(b) has expired, the Patient Review Panel may approve a further storage period if it considers there are exceptional circumstances in the particular case for failing to seek approval before the expiry of the period.

(4)An approval under this section may be subject to conditions.

Note

In deciding to approve a longer or further storage period, the Patient Review Panel must have regard to the guiding principles in section 5—see section 91(2).

34Removal of embryos from storage

(1)A registered ART provider must not remove an embryo from storage, or cause or permit an embryo to be removed from storage, unless—

(a)it is to be used, in accordance with this Act, in a treatment procedure; or

(b)written consent to its removal has been given to a designated officer of the registered ART provider by the responsible persons in relation to the embryo; or

(c)the responsible persons in relation to the embryo are unable to agree on the period for which the embryo is to be stored and the Patient Review Panel has directed that the embryo be removed; or

(d)it is required to be removed by reason of the operation of section 33(2).

Penalty:480 penalty units or 4 years imprisonment or both.

(2)A person who removes from storage an embryo that is not to be used for a treatment procedure must ensure that—

(a)it is not removed from its container, other than for the sole purpose of observing the embryo; and

(b)it is disposed of in accordance with the regulations.

Penalty:240 penalty units or 2 years imprisonment or both.

34ATime for removal of embryos from storage

(1)A registered ART provider may cause or permit an embryo to remain in storage for up to 3 months after—

(a)the responsible persons in relation to the embryo give written consent to its removal; or

(b)the expiry of the relevant period referred to in section 33(2); or

(c)in case of a pending application, the relevant day unless the Tribunal approves the longer storage period on the relevant day; or

(d)if the Patient Review Panel refuses to approve a further storage period under section 33A(3), the relevant day unless the Tribunal approves the further storage period on the relevant day; or

(e)in case of a direction under section 34(1)(c), the relevant day unless the Tribunal decides on the relevant day that the embryo should not be removed.

(2)In case of a pending application or a direction under section 34(1)(c), a registered ART provider may cause or permit an embryo to remain in storage until the earlier of the following—

(a)in case of a pending application, the Patient Review Panel approves the longer storage period; or

(b)if the Patient Review Panel refuses or has refused to approve a longer storage period, or has directed that an embryo be removed from storage, the relevant day.

(3)A person must not use an embryo kept in storage under subsection (1) or (2) unless the use by the person consists only of—

(a)storage of the embryo; or

(b)removal of the embryo from storage.

Penalty:240 penalty units or 2 years imprisonment or both.

(4)For the purposes of this section—

pending application means either of the following that, on the expiry of the relevant period referred to in section 33(2), had been made but not yet decided—

(a)an application to the Patient Review Panel for approval of a longer storage period; or

(b)an application to the Tribunal for review of the Patient Review Panel's decision not to approve a longer storage period;

relevant day means the day—

(a)that is 28 days after the Patient Review Panel refuses to approve the longer or further storage period, or directs that an embryo be removed from storage; or

(b)if an application is made to the Tribunal for review of the Patient Review Panel's decision, the Tribunal decides the application.

Division 3—General offences in relation to gametes and embryos

35Formation of embryos

A person must not knowingly or recklessly form or attempt to form an embryo outside the body of a woman unless the person—

(a)is a doctor or scientist who provides services on behalf of a registered ART provider; and

(b)forms the embryo in the course of providing services for the registered ART provider.

Penalty:480 penalty units or 4 years imprisonment or both.

36Moving donated gametes and embryos into and out of Victoria

(1)A person must not—

(a)bring donor gametes, or an embryo produced from donor gametes, into Victoria; or

(b)take donor gametes, or an embryo produced from donor gametes, from Victoria.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)Subsection (1) does not apply to a person if the person—

(a)brings donor gametes or an embryo produced from donor gametes into Victoria, or takes donor gametes or an embryo produced from donor gametes from Victoria, in accordance with this Act and the regulations; and

(b)complies with subsection (3) or (4) (as the case requires).

(3)Before a person brings donor gametes or an embryo produced from donor gametes into Victoria, the person must certify that—

(a)any payment made, any valuable consideration that is given or agreed to be given in connection with the donation or any agreement entered into for payment to be made or valuable consideration to be given in connection with the donation does not contravene—

(i)the Human Tissue Act 1982; or

(ii)the Prohibition of Human Cloning for Reproduction Act 2008; or

(iii)the Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth; and

(b)the donor of the gametes, or each person who donated the gametes used to produce the embryo, has consented in writing to—

(i)the donor's gametes being brought into Victoria; and

(ii)the use of the donor's gametes or the embryo produced from the donor's gametes in accordance with subsection (5); and

(iii)the storage of the embryo produced from the donor's gametes for the purpose of later transfer, or if an exemption has been granted in relation to section 32(2)(c) or (3), any conditions to which the exemption is subject have been complied with; and

(c)the person has been given a copy of—

(i)the donor's consent, referred to in paragraph (b); or

(ii)the consent of each person who donated the gametes used to produce the embryo, referred to in paragraph (b); and

(d)the donor or each person who donated the gametes used to produce the embryo has received counselling in relation to prescribed matters from a counsellor who meets the prescribed requirements for counselling or, if an exemption has been granted in relation to section 18, any conditions to which the exemption is subject have been complied with; and

(e)the donor or each person who donated the gametes used to produce the embryo has given information about the matters prescribed for the purposes of this section or, if an exemption has been granted in relation to section 19(a), any conditions to which the exemption is subject have been complied with; and

(f)the donor or each person who donated the gametes used to produce the embryo has been given written advice on the matters set out in section 19(b)(i) to (iv) or, if an exemption has been granted in relation to section 19(b), any conditions to which the exemption is subject have been complied with; and

(g)the person has taken all reasonable steps to ensure that any future use of the donor gametes or embryo produced from donor gametes in Victoria will comply with section 29; and

(h)the person has satisfied any prescribed matter.

(4)Before a person takes donor gametes or an embryo produced from donor gametes from Victoria, the person must certify that—

(a)the purpose for which the gametes or embryo will be used outside Victoria is consistent with a purpose for which it could be used in Victoria; and

(b)the way in which the gametes or embryo will be used outside Victoria is consistent with the way in which it could be used in Victoria; and

(c)the person has satisfied any prescribed matter.

(5)For the purposes of subsection (3)(b)(ii), a donor's consent or the consent of each person who donated the gametes used to produce the embryo—

(a)must meet the requirements of section 17(1)(a) to (c); and

(b)must not have been withdrawn or have lapsed at the time the certification is made.

(6)Certification under this section must be—

(a)in the prescribed form; and

(b)given to the Secretary before the gametes or embryo produced from donor gametes is brought into or taken from Victoria.

37Exemption from compliance—bringing or taking gametes or embryo into or out of Victoria

(1)A person to whom section 36(3) or (4) applies in relation to particular donor gametes or a particular embryo produced from donor gametes may apply to the Secretary in the prescribed form for an exemption under this section in relation to the gametes or embryo.

(2)In the case of an application by a person to whom section 36(3) applies, the Secretary, by written notice given to the person, may exempt the person from compliance with a provision specified in subsection (3) in relation to the gametes or embryo if the Secretary is satisfied that—

(a)similar procedures have taken place outside of Victoria; and

(b)there are special circumstances that warrant the exemption.

(3)For the purposes of subsection (2), the following provisions are specified—

(a)sections 17(2), 18, 19, 20(3) and 32(2)(c) and (3);

(b)Division 1 of Part 6;

(c)any other prescribed provision of this Act or the regulations.

(4)In the case of an application by a person to whom section 36(4) applies, the Secretary, by written notice given to the person, may exempt the person from compliance with a provision specified in subsection (5) in relation to the gametes or embryo if the Secretary is satisfied that—

(a)the gametes or embryo will be used in a way that is consistent with this Act; and

(b)there are special circumstances that warrant the exemption.

(5)For the purposes of subsection (4), the following provisions are specified—

(a)sections 32(2) and 33;

(b)any other prescribed provision of this Act or the regulations.

(6)An exemption under this section may—

(a)relate to the whole or a part of a provision of this Act; and

(b)be subject to conditions specified by the Secretary.

(7)A person in relation to whom an exemption is granted must comply with any condition to which the exemption is subject.

Penalty:240 penalty units or 2 years imprisonment or both.

37AOffence to certify a false or misleading matter

A person must not certify a matter specified in section 36(3) or (4) that the person believes to be false or misleading.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

37BRecord keeping

(1)A person must keep a written record of the matters certified by the person under section 36(3) or (4).

(2)A person must keep a written record of the prescribed matters relating to a certification made by the person under section 36(3) or (4) for a prescribed period after the date on which the certification is made.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

37CGuidelines

(1)The Secretary may issue written guidelines in relation to—

(a)taking all reasonable steps for the purposes of section 36(3)(g); and

(b)the keeping of records relating to compliance with section 37B.

(2)Guidelines issued under this section must be published on the Department's Internet site.

37DRegulations

For the purposes of section 37E, the regulations may—

(a)prohibit persons from—

(i)bringing donor gametes, an embryo produced from donor gametes, a class of donor gametes or a class of embryo produced from donor gametes into Victoria in prescribed circumstances; or

(ii)taking donor gametes, an embryo produced from donor gametes, a class of donor gametes or a class of embryo produced from donor gametes from Victoria in prescribed circumstances; and

(b)prescribe requirements for—

(i)bringing donor gametes, an embryo produced from donor gametes, a class of donor gametes or a class of embryo produced from donor gametes into Victoria; or

(ii)taking donor gametes, an embryo produced from donor gametes, a class of donor gametes or a class of embryo produced from donor gametes from Victoria.

37EOffence to contravene prescribed prohibition or requirements

A person who brings donor gametes or an embryo produced from donor gametes into Victoria, or takes donor gametes or an embryo produced from donor gametes from Victoria, must not contravene any prohibition or requirement prescribed for the purposes of this section.

Penalty:240 penalty units or 2 years imprisonment or both.

Division 4—Offence in relation to giving information

38False or misleading information

A person must not knowingly or recklessly give false or misleading information or omit to give material information—

(a)in an application, consent or request under this Act; or

(b)with respect to the giving of information that is required—

(i)to be given under this Act; or

(ii)to be included in a register, record or notice under this Act.

Penalty:50 penalty units.

PART 4—SURROGACY

39Certain surrogacy arrangements to require approval of Patient Review Panel

A registered ART provider may carry out a treatment procedure on a woman under a surrogacy arrangement only if the surrogacy arrangement has been approved by the Patient Review Panel.

40Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement

(1)The Patient Review Panel may approve a surrogacy arrangement if the Panel is satisfied of the following—

(a)that a doctor has formed an opinion that—

(i)in the circumstances, the intended parent is unlikely to become pregnant, be able to carry a pregnancy or give birth; or

(ii)if the intended parent is a woman, the woman is likely to place her life or health, or that of the baby, at risk if she becomes pregnant, carries a pregnancy or gives birth;

(ab)that the surrogate mother's oocyte will not be used in the conception of the child;

(ac)that the surrogate mother has previously carried a pregnancy and given birth to a live child;

(b)that the surrogate mother is at least 25 years of age;

(c)that the intended parent, the surrogate mother and the surrogate mother's partner, if any, have received counselling and legal advice as required under section 43;

(d)that the parties to the surrogacy arrangement are aware of and understand the personal and legal consequences of the arrangement;

(e)that the parties to the surrogacy arrangement are prepared for the consequences if the arrangement does not proceed in accordance with the parties' intentions, including—

(i)the consequences if the intended parent decides not to accept the child once born; and

(ii)the consequences if the surrogate mother refuses to relinquish the child to the intended parent;

(f)that the parties to the surrogacy arrangement are able to make informed decisions about proceeding with the arrangement.

(2)In making its decision under subsection (1), the Patient Review Panel must have regard to the following—

(a)a report from a counsellor who provided counselling under section 43 to the parties;

(b)an acknowledgment by the parties that the parties have undergone counselling and obtained legal advice as required by section 43.

(3)This section is subject to section 41.

41Patient Review Panel may approve non-complying surrogacy arrangement in exceptional circumstances

The Patient Review Panel may approve a surrogacy arrangement, despite failing to be satisfied of the matters referred to in section 40(1) in relation to the arrangement, if the Panel believes—

(a)the circumstances of the proposed surrogacy arrangement are exceptional; and

(b)it is reasonable to approve the arrangement in the circumstances.

42Application of general requirements for treatment to surrogacy arrangement

For the purposes of applying Division 2 of Part 2 to a treatment procedure carried out under a surrogacy arrangement, the requirement to comply with the criteria in section 10(2) does not apply to the surrogate mother.

42AIntended parents not required to give donor's consent

To avoid doubt, gametes produced by an intended parent or an embryo formed from gametes produced by an intended parent may be used in a treatment procedure carried out under a surrogacy arrangement without a consent given by the intended parent under section 16.

43Counselling and legal information

Before a surrogacy arrangement is entered into the intended parent, the surrogate mother and the surrogate mother's partner, if any, must—

(a)undergo counselling, by a counsellor providing services on behalf of a registered ART provider, about the social and psychological implications of entering into the arrangement, including counselling about the prescribed matters; and

(b)undergo counselling about the implications of the relinquishment of the child and the relationship between the surrogate mother and the child once it is born; and

(c)obtain information about the legal consequences of entering into the arrangement.

44Surrogacy costs

(1)A surrogate mother must not receive any material benefit or advantage as a result of a surrogacy arrangement.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)Subsection (1) does not prevent a surrogate mother being reimbursed for the prescribed costs actually incurred by the surrogate mother as a direct consequence of entering into the surrogacy arrangement.

(2A)If the surrogate mother's partner is a party to the surrogacy arrangement, subsection (1) does not prevent the partner being reimbursed for the prescribed costs actually incurred by the partner as a direct consequence of the partner or the surrogate mother entering into the surrogacy arrangement.

(3)To the extent that a surrogacy arrangement provides for a matter other than the reimbursement for costs actually incurred by the surrogate mother or the surrogate mother's partner (if any) the arrangement is void and unenforceable.

44ARights of surrogate mother in relation to pregnancy and birth

(1)This section applies in relation to a surrogacy arrangement despite anything that the parties to the arrangement may have agreed, whether orally or in writing.

(2)The surrogate mother has the same rights as any other pregnant woman has to make decisions or take actions in relation to the management of the pregnancy and the birth of the child.

45Prohibition on certain publications

(1)A person must not publish, or cause to be published, a statement, advertisement, notice or document—

(a)to the effect that a person is or may be willing to enter into a surrogacy arrangement; or

(b)to the effect that a person is seeking another person who is or may be willing to enter into a surrogacy arrangement or to act as a surrogate mother or to arrange a surrogacy arrangement; or

(c)to the effect that the person is or may be willing to arrange a surrogacy arrangement; or

(d)to the effect that a person is or may be willing to accept any benefit under a surrogacy arrangement, whether for himself or herself or for another person; or

(e)that is intended or likely to counsel or procure a person to agree to act as a surrogate mother; or

(f)to the effect that a person is or may be willing to act as a surrogate mother.

Penalty:240 penalty units or 2 years imprisonment or both.

(2)In this section—

publish means—

(a)publish in any newspaper; or

(b)publish by means of television, radio or the Internet; or

(c)otherwise disseminate to the public.

PART 5—POSTHUMOUS USE OF GAMETES

46Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider

A registered ART provider may use a person's gametes, or an embryo created from the person's gametes, in a treatment procedure after the person's death only if—

(a)the treatment procedure is carried out—

(i)on the deceased person's partner; or

(ii)by the deceased person's partner commissioning a surrogacy arrangement in accordance with Part 4; and

(b)the deceased person provided written consent for the deceased person's gametes or an embryo created from the deceased person's gametes to be used in a treatment procedure of that kind; and

(c)the Patient Review Panel has approved the use of the gametes or embryo; and

(d)the person who is to undergo the treatment procedure has received counselling under section 48.

47Approval by Patient Review Panel

(1)In deciding whether or not to grant approval for the posthumous use of gametes or an embryo, the Patient Review Panel must have regard to the possible impact on the child to be born as a result of the treatment procedure.

(2)Without limiting subsection (1), the Patient Review Panel must have particular regard to any research on outcomes for children conceived after the death of one of the child's parents.

48Counselling

Before a woman may undergo a treatment procedure referred to in section 46, the woman must undergo counselling in relation to the prescribed matters from—

(a)in the case of assisted reproductive treatment, a counsellor who provides counselling on behalf of a registered ART provider; or

(b)in the case of artificial insemination, either—

(i)a counsellor who provides counselling on behalf of a registered ART provider; or

(ii)a person who meets the prescribed requirements for counselling.

PART 6—REGISTERS AND ACCESS TO INFORMATION

(3)An application for review under this section must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which—

(i)the statement of reasons is given to the applicant; or

(ii)the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

Division 6—Infringement notices

116PInfringement notice

(1)The Secretary may serve an infringement notice on a person whom the Secretary reasonably believes has committed a prescribed offence.

(2)An offence referred to in subsection (1) is an infringement offence within the meaning of the Infringements Act 2006.

(3)The infringement penalty for an infringement offence is the prescribed infringement penalty for that infringement offence.

Division 7—Service of documents

116QService

For the purposes of this Act, a notice or other document, other than an infringement notice, may be served on or given to a person—

(a)by delivering it personally to the person; or

(b)by sending it by post to the person at the person's usual or last known residential or business address; or

(c)by sending it by electronic communication to the person's usual or last known electronic address; or

(d)by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there.

PART 11—GENERAL

117No action if gametes used without knowing consent withdrawn or lapsed

(1)This section applies if—

(a)a person has carried out a treatment procedure for which consent was required; and

(b)before the treatment procedure was carried out, the consent was withdrawn under this Act.

(2)No civil or criminal proceeding lies against the person because of the withdrawal of the consent if, at the time the treatment procedure was carried out, the person did not know and could not reasonably be expected to have known that the consent had been withdrawn.

(3)A reference in this section to a consent being withdrawn includes a reference to a consent that is taken to have been withdrawn under section 20A(2).

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119Powers and duties of Secretary to inspect documents

(1)The Secretary may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of determining compliance with a registration under this Act.

(2)The Secretary may enter the premises of a registered ART provider at any time during ordinary business hours.

(2A)If the Secretary delegates the Secretary's power under this section to a person employed in the Department under Part 3 of the Public Administration Act 2004, the Secretary must issue an identity card to that person.

Note

See section 19(1) of the Public Health and Wellbeing Act 2008.

(2B)On entering a premises under this section—

(a)the Secretary must advise the occupier of the premises of the purpose of the Secretary's visit; and

(b)if subsection (2A) applies, the Secretary's delegate must produce, on the occupier's request, the delegate's identity card for inspection.

(3)After entering premises under subsection (2) the Secretary may—

(a)require a person to produce for inspection a record or other document, including a document containing information required to be kept as a condition of a registration under this Act; and

(b)inspect a document produced under paragraph (a); and

(c)take possession of a document produced under paragraph (a) for so long as is necessary to make copies of or take extracts from the document.

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(5)If the Secretary takes possession of a document produced by a person under subsection (3)(a), the Secretary must issue a receipt to the person for the document.

120Offence to obstruct or hinder

A person must not obstruct or hinder the Secretary in the exercise of the Secretary's powers under section 119.

Penalty:50 penalty units.

121Prohibition on destruction of or tampering withdocuments

A person must not destroy, remove, cancel or tamper with a document required to be kept by or under this Act or the regulations unless authorised by this Act or the regulations to do so.

Penalty:50 penalty units.

121ARecords identifying donor treatment procedure participants to be kept

(1)In this section—

identifying record means a record relating to a donor treatment procedure that identifies the donor and the woman on whom the treatment procedure was carried out, and her partner (if any).

(2)Subject to subsection (3A), a person must ensure that an identifying record is kept for at least 99 years after the creation of the record.

(3)A registered ART provider must ensure that an identifying record is kept for at least 99 years after the creation of the record.

(3A)Subsection (2) does not apply to a person who has given original records to the Authority or the Donor Conception Registrar under section 52B(1)(a) or 56B(6)(a) or in compliance with a production order.

(4)The requirement in this section applies to records created before or after the commencement of section 23 of the Assisted Reproductive Treatment Further Amendment Act 2014.

122Requirements if registered ART provider ceases to operate

(1)This section applies if a registered ART provider intends to cease operating.

(2)Before the registered ART provider ceases to operate the registered ART provider must make all reasonable efforts to—

(a)transfer to another registered ART provider or a hospital any gametes or embryos stored by the registered ART provider; and

(b)transfer to another registered ART provider, a hospital or the Registrar any record required, by or under this Act or the regulations, to be kept by the registered ART provider; and

(c)notify patients that the registered ART provider intends to cease to operate.

Example

By placing an advertisement in a newspaper published in the area in which the registered ART provider operates.

(3)In this section—

hospital means any of the following hospitals—

(a)a denominational hospital within the meaning of the Health Services Act 1988;

(b)a metropolitan hospital within the meaning of the Health Services Act 1988;

(c)a privately-operated hospital within themeaning of the Health Services Act 1988;

(d)a public hospital within the meaning of the Health Services Act 1988.

123Indictable offences

An offence under section 7, 8, 34(1) or 35 is an indictable offence.

123AReview of operation of this Act as amended by the Health Legislation Amendment (Regulatory Reform) Act 2024

(1)The Minister must cause a review of the operation of this Act, as amended by Part 2 of the Health Legislation Amendment (Regulatory Reform) Act 2024, to be commenced after the third anniversary of the day on which Part 2 of the Health Legislation Amendment (Regulatory Reform) Act 2024 comes into operation.

(2)The Minister must cause a copy of a report of the review to be laid before each House of the Parliament no later than the fourth anniversary of the day on which Part 2 of the Health Legislation Amendment (Regulatory Reform) Act 2024 comes into operation.

PART 12—REGULATIONS

124Regulations

The Governor in Council may make regulations for or with respect to any of the following—

(a)forms for notices or other documents required under this Act;

(b)fees for the purposes of this Act;

(c)the general conditions to which registrations are subject;

(d)counselling required by this Act, including the matters it must address and the form it must take;

(e)surrogacy arrangements, including matters to be considered in deciding the emotional maturity and health of proposed surrogate mothers and other parties to the arrangements, the tests that parties to surrogacy arrangements may be required to undertake before an arrangement may be approved and the payments that may be made to surrogate mothers;

(f)the keeping of records and registers for the purposes of this Act, including the Central Register and the Voluntary Register;

(g)the giving of information by registered ART providers and doctors to the Registrar, the Patient Review Panel and the Secretary and the Donor Conception Registrar;

(h)the disclosure of information from the Central Registrar, Voluntary Register and other registers and records kept under this Act;

(i)matters relating to consents under this Act, including the persons with whom or places at which consents or withdrawals of consents under this Act are to be given;

(j)the disposal of embryos removed from storage;

(ja)the bringing into or taking out of Victoria of donor gametes or embryos produced from donor gametes;

(k)requirements regarding the transfer of information relating to gametes or embryos that has been or is to be transferred from one place to another place;

(ka)prescribing offences against a provision of this Act or the regulations for the purposes of section 116P(1);

(kb)in relation to each offence prescribed for the purposes of section 116P(1), prescribing the penalty for the offence;

(l)penalties, not exceeding 20 penalty units, for contraventions of the regulations;

(m)generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

125Application etc of regulations

Regulations made under this Act may—

(a)be of general or limited application; and

(b)differ according to differences in time, place and circumstance; and

(c)confer a discretionary authority or impose a duty on, or leave any matter or thing to be determined or approved by, a specified person or class of persons; and

(d)apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii)as formulated, issued, prescribed or published from time to time.

PART 13—REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

Division 1—Repeal

126Repeal

The Infertility Treatment Act 1995 is repealed.

Division 2—Transitional provisions

127Definitions

In this Division—

commencement means the commencement of this section;

repealed Act means the Infertility Treatment Act 1995.

128References to repealed Act etc

From the commencement, a reference in an Act (other than this Act) or a document—

(a)to the repealed Act is taken, if the context permits, to be a reference to this Act; and

(b)to a licensed centre under the repealed Act is taken to be a reference to a registered ART provider under this Act; and

(c)to the Central Register under the repealed Act is taken to be a reference to the Central Register kept under this Act; and

(d)to a register kept by a licensed centre under the repealed Act is taken to be a reference to a register kept under this Act by a registered ART provider.

129Consents

(1)This section applies to a consent given under the repealed Act and not withdrawn or lapsed immediately before the commencement.

(2)From the commencement, the consent is taken to be a consent given under this Act.

130Registers

A register kept by a licensed provider of ART services under the repealed Act is taken to be a register kept by a registered ART provider under this Act.

131Licence holders

A person who was, immediately before the commencement, a licence holder under the repealed Act is taken, from the commencement, to be registered under this Act.

132Authority

(1)The Infertility Treatment Authority established under the repealed Act is taken, on the commencement, to be the Victorian Assisted Reproductive Treatment Authority.

(2)A person who was, immediately before the commencement, a member of the Infertility Treatment Authority continues from the commencement as a member of the Victorian Assisted Reproductive Treatment Authority.

(3)The Infertility Treatment Authority Fund kept by the Infertility Treatment Authority under the repealed Act is taken on the commencement to be the Victorian Assisted Reproductive Treatment Authority Fund under this Act.

133Applications

(1)This section applies if—

(a)before the commencement a person had applied to the Infertility Treatment Authority for access to information on a register kept under the repealed Act; and

(b)immediately before the commencement the application had not been dealt with.

(2)From the commencement, the application is taken to be an application made to the Registrar under this Act.

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Division 3—Savings provision

135Continued operation of Infertility Treatment Regulations

Despite the Subordinate Legislation Act 1994, the Infertility Treatment Regulations 1997, as in force immediately before the commencement of this section, continue until the commencement of section 124.

Division 4—Transitional provisions—Assisted Reproductive Treatment Amendment Act 2013

136Definitions

In this Division—

2013 Act means the Assisted Reproductive Treatment Amendment Act 2013;

commencement day means the day on which section 14 of the 2013 Act comes into operation.

137Validation of storage of certain gametes past expiry

(1)This section applies if immediately before the commencement day—

(a)a person had caused or permitted gametes to remain in storage; and

(b)the gametes had been in storage for more than 10 years without approval under this Act or a corresponding previous enactment for a longer storage period.

(2)Section 31 as substituted by the 2013 Act does not apply to prohibit the continued storage of the gametes for the period ending 18 months after the commencement day.

(3)The person is not liable for an offence against section 31(1), as in force immediately before the commencement day, only for the reason that the person caused or permitted the gametes to remain in storage for more than 10 years without the approval of the Patient Review Panel.

138Validation of storage of certain embryos past expiry

(1)This section applies if immediately before the commencement day—

(a)a registered ART provider caused or permitted an embryo to remain in storage; and

(b)the embryo had been in storage for more than—

(i)5 years; or

(ii)if the persons who produced the gametes from which the embryo was formed had consented to the embryo remaining in storage for an additional period not exceeding 5 years, that period—

without approval under this Act or a corresponding previous enactment for a longer storage period.

(2)Section 33 as amended by the 2013 Act does not apply to prohibit the continued storage of the embryo for the period ending 18 months after the commencement day.

(3)The registered ART provider is not liable for an offence against section 33(2), as in force immediately before the commencement day, only for the reason that the registered ART provider permitted or caused the embryo to remain in storage for more than a period referred to in subsection (1)(b)(i) or (ii) without the approval of the Patient Review Panel.

139Continuation of the Patient Review Panel

The Patient Review Panel continues to be the same body despite its change in constitution.

Division 5—Transitional provisions—Assisted Reproductive Treatment Further Amendment Act 2014

140Initial provision of information on register of pre‑1988 donor treatment procedures

(1)This section applies to a registered ART provider who, on the relevant day, is in possession of or has control of records relating to pre-1988 donor treatment procedures.

(2)The registered ART provider must, within 6 months of the relevant day, give to the Registrar a copy of the register required to be kept under section 49A.

Penalty:10 penalty units.

(3)In this section—

relevant day means the day on which section 5 of the Assisted Reproductive Treatment Further Amendment Act 2014 comes into operation.

Division 6—Transitional provisions—Assisted Reproductive Treatment Amendment Act 2016

141Registrar must provide Authority with copy of Central Register

(1)The Registrar must, as soon as reasonably practicable after the commencement of section 37 of the Assisted Reproductive Treatment Amendment Act 2016, provide the Authority with—

(a)a copy of the information contained on the Central Register as at the date the information is provided; and

(b)a copy of the information contained on the Voluntary Register as at the date the information is provided.

(2)A member of the Authority or a person employed or engaged by the Authority must not, before the commencement of section 10 of the Assisted Reproductive Treatment Amendment Act 2016, disclose to any person, whether directly or indirectly, any information provided to the Authority under subsection (1).

Penalty:50 penalty units.

142Applications

This Act as amended by Part 2 (other than section 37) of the Assisted Reproductive Treatment Amendment Act 2016 applies to an application under section 56(1) made before that amendment if, immediately before that amendment, the Registrar had not disclosed the requested information to the applicant.

143Lodgement of contact preferences

(1)Division 3A of Part 6, as inserted by section 23 of the Assisted Reproductive Treatment Amendment Act 2016, does not apply to permit a pre-1998 donor to lodge a contact preference in relation to an applicant to whom identifying information was disclosed before the commencement of that section 23.

(2)Division 3B of Part 6, as inserted by section 23 of the Assisted Reproductive Treatment Amendment Act 2016, does not apply to permit a person born as a result of a donor treatment procedure to lodge a contact preference in relation to an applicant to whom identifying information was disclosed before the commencement of that section 23.

144Continuation of Central Register

The commencement of section 10 of the Assisted Reproductive Treatment Amendment Act 2016 does not affect the operation of the Central Register and the Central Register is taken to be the same document on and after that commencement as it was before that commencement.

145Continuation of Voluntary Register

The commencement of section 28 of the Assisted Reproductive Treatment Amendment Act 2016 does not affect the operation of the Voluntary Register and the Voluntary Register is taken to be the same document on and after that commencement as it was before that commencement.

Division 7—Transitional provisions—Assisted Reproductive Treatment Amendment Act 2021

146Definition

In this Division—

amending Act means the Assisted Reproductive Treatment Amendment Act 2021.

147Application of amendments to gametes or embryos donated before commencement

(1)Despite the commencement of sections 10 and 13 of the amending Act, this Act as in force immediately before the commencement of those sections continues to apply in respect of a consent given under section 16 before the commencement of those sections.

(2)Despite the commencement of sections 20, 21, 22, 23 and 24 of the amending Act, this Act as in force immediately before the commencement of those sections continues to apply in respect of—

(a)an embryo that was formed before the commencement of those sections; and

(b)an embryo that is formed on or after the commencement of those sections from donor sperm or a donor oocyte, if the sperm or oocyte was donated before the commencement of those sections.

148Posthumous use of gametes or embryo

Despite the commencement of section 30 of the amending Act, section 46 as in force immediately before the commencement of that section 30 continues to apply in respect of posthumous use of a deceased person's gametes or an embryo created from a deceased person's gametes if the deceased person had provided written consent under section 46(b) before the commencement of that section 30.

149Information to be given to donors by doctors

(1)Section 55A, inserted by section 34 of the amending Act, does not apply in respect of information held by a doctor in a register if the information was included in that register before the commencement of section 34 of the amending Act.

(2)Section 55A, inserted by section 34 of the amending Act, does not apply in respect of information held by a doctor in a register that is included in that register after the commencement of section 34 of the amending Act, unless the woman and her partner (if any) to whom the information relates have been given the written advice required by section 25(2).

Division 8—Abolition of Authority and transitional provisions—Health Legislation Amendment (Regulatory Reform) Act 2024

150Definitions

In this Division—

Authority means the Victorian Assisted Reproductive Treatment Authority established by section 99;

commencement day means the day on which Part 2 of the Health Legislation Amendment (Regulatory Reform) Act 2024 comes into operation;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

151Abolition of the Authority

On the commencement day—

(a)the Authority is abolished and its members go out of office; and

(b)all property and rights that, immediately before that day, were vested in the Authority, vest in the Secretary; and

(c)all liabilities of the Authority existing immediately before that day become liabilities of the Secretary; and

(d)the Secretary is substituted as a party to any proceeding pending in any court or tribunal to which the Authority was a party immediately before that day; and

(e)the Secretary is substituted as a party to any arrangement or contract entered into by or on behalf of the Authority as a party and in force immediately before that day.

152Transfer of Authority staff

A person who immediately before the commencement day was employed by the Authority under section 111, is taken on and after that day to be a person who—

(a)is employed by the Secretary under Part 3 of the Public Administration Act 2004 on terms and conditions that are no less favourable than those that applied to the person as an employee of the Authority immediately before that day; and

(b)has accrued an entitlement to benefits in connection with employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement the person had accrued as an employee of the Authority.

153Victorian Assisted Reproductive Treatment Authority Fund

On the commencement day—

(a)the Victorian Assisted Reproductive Treatment Authority Fund established under section 115 is abolished; and

(b)any money standing to the credit of the Fund must be paid into the Consolidated Fund.

154Applications for registration on foot

An application under section 74 that is made but not determined before the commencement day is to be determined on and after that day by the Secretary in accordance with Part 8.

155Application of this Act to registration of registered ART providers in force immediately before the commencement day

A registered ART provider's registration under Part 8 that is in force immediately before the commencement day continues in force on and after that day according to its terms as if it had been granted by the Secretary.

156Condition imposed on registration of registered ART providers in force immediately before the commencement day

A condition imposed on a registered ART provider's registration by the Authority under section 75 that is in force immediately before the commencement day is taken on and after that day to be a specific condition imposed by the Secretary under section 75A.

157Suspension of registration in force immediately before the commencement day

A suspension of a registered ART provider's registration under section 76 or 77 that is in force immediately before the commencement day continues in force on and after that day for the period specified in the written notice of suspension given to the registered ART provider or until the suspension is revoked (whichever is the earliest).

158List of registered ART providers

On and after the commencement day, the list of registered ART providers kept by the Authority under section 81 immediately before that day is taken to be the register of registered ART providers kept by the Secretary.

159Exemptions

An exemption granted by the Authority under section 37 that is in force immediately before the commencement day is taken on and after that day to be an exemption granted by the Secretary.

160Central Register

On and after the commencement day, the Central Register kept by the Authority under section 53 immediately before that day is taken to be kept by the Donor Conception Registrar.

161Application for information from Central Register

An application under section 56 that is made but not determined before the commencement day is to be determined on and after that day by the Donor Conception Registrar in accordance with Part 6.

162Previous contact

For the purposes of sections 56B(3)(b) and 56J(4)(b), contact with the Authority before the commencement day is on and after that day taken to be contact with the Donor Conception Registrar.

163Disclosure of information to parent of a person born as a result of a donor treatment procedure or donor

For the purposes of section 58(1)(b)(iii), indication before the commencement day by a child to the Authority that the child does not want the information disclosed is on and after that day taken to be indicated by the child to the Donor Conception Registrar.

164Duration of contact preferences

A contact preference lodged with the Authority before the commencement day continues in force on and after that day and for the period provided by section 63D or 63K (as the case may be) as if it had been lodged with the Donor Conception Registrar.

165Voluntary Register

On and after the commencement day, the Voluntary Register kept by the Authority under section 70 immediately before that day is taken to be kept by the Donor Conception Registrar.

166Request made to Authority to enter name and address in Voluntary Register

A request that is made to the Authority under section 71(1)(a) but not determined before the commencement day is to be determined on and after that day by the Donor Conception Registrar in accordance with Part 7.

167Custody of information or records held by Authority

On and after the day on which Part 1 of the Health Legislation Amendment (Regulatory Reform) Act 2024 comes into operation, the Secretary is entitled to, and may request, custody of any information or records held by the Authority immediately before that day other than information or records forming part of—

(a)the Central Register kept by the Authority under section 53 immediately before that day; or

(b)the Voluntary Register kept by the Authority under section 70 immediately before that day.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 10 September 2008

Legislative Council: 10 October 2008

The long title for the Bill for this Act was "A Bill for an Act to regulate assisted reproductive treatment and artificial insemination, to make provision with respect to surrogacy arrangements, to repeal the Infertility Treatment Act 1995, to amend the Status of Children Act 1974 and the Births, Deaths and Marriages Registration Act 1996 and other Acts and for other purposes."

The Assisted Reproductive Treatment Act 2008 was assented to on 11 December 2008 and came into operation as follows:

Sections 1, 2 and 135 on 12 December 2008: section 2(1); rest of Act on 1 January 2010: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Assisted Reproductive Treatment Act 2008 by Acts and subordinate instruments.

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Assisted Reproductive Treatment Act 2008, No. 76/2008

Assent Date:	11.12.08
Commencement Date:	Ss 134(4), 148 on 1.1.10: s. 2(3); new s. 147 inserted on 18.5.16 by No. 6/2016 s. 37: Special Gazette (No. 153) 17.5.16 p. 1
Notes:	S. 134(4) provided that s. 134 expired on 1.1.11; s. 148 repealed Pt 14 (ss 136–148) on 1.1.11; s. 147 repealed ss 146, 147 on 1.3.18
CurrentState:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 6) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 46 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 4) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Amendment Act 2013, No. 18/2013

Assent Date:	23.4.13
Commencement Date:	Ss 4‑8, 14 on 23.4.13: s. 2(1); ss 9–13, 15 on 28.5.13: Special Gazette (No. 180) 21.5.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 1) on 1.12.13 s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 5) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Further Amendment Act 2014, No. 58/2014

Assent Date:	2.9.14
Commencement Date:	Ss 4‑9, 16, 19, 23, 24 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 1; ss 10–15, 17, 18, 20–22 on 29.6.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

Assent Date:	9.9.14
Commencement Date:	S. 162 on 1.3.16: s. 2(3)
Current State:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 6) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Amendment Act 2016, No. 6/2016 (as amended by No. 22/2016)

Assent Date:	1.3.16
Commencement Date:	Ss 4(2), 37 on 18.5.16: Special Gazette (No. 153) 17.5.16 p. 1; ss 4(1), 5–36 on 1.3.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Amendment (Consent) Act 2019, No. 24/2019

Assent Date:	27.8.19
Commencement Date:	S. 5 on 28.8.19: s. 2(1); s. 4 on 24.9.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Amendment Act 2020, No. 15/2020

Assent Date:	10.6.20
Commencement Date:	Ss 4–12 on 8.7.20: Special Gazette (No. 323) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Assisted Reproductive Treatment Amendment Act 2021, No. 39/2021

Assent Date:	19.10.21
Commencement Date:	Ss 25, 29, 35–37 on 20.10.21: s. 2(2); s. 19 on 21.12.21: Special Gazette (No. 693) 7.12.21 p. 1; ss 4(3), 5, 6, 30, 39 on 24.6.22: Special Gazette (No. 267) 31.5.22 p. 1; ss 4(1)(2)(4), 7–18, 20–24, 26–28, 31–34, 38, 40, 41 on 15.8.22: Special Gazette (No. 384) 2.8.22 p. 1
Current State:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

Health Legislation Amendment (Regulatory Reform) Act 2024, No. 39/2024

Assent Date:	29.10.24
Commencement Date:	S. 112 on 30.10.24: s. 2(1); ss 3–80 on 1.1.25: Special Gazette (No. 700) 17.12.24 p. 1
Current State:	This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008

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3   Explanatory details

[1] S. 3 def. of Health Services Commissioner: The amendment proposed by section 161 of the Health Complaints Act 2016, No. 22/2016 is not included in this publication due to the earlier commencement of section 4(2) of the Assisted Reproductive Treatment Amendment Act 2016, No. 6/2016.

Section 161 reads as follows:

161Definitions

In section 4(2) of the Assisted Reproductive Treatment Amendment Act 2016, for the proposed definition of Health Services Commissioner substitute—

"Health Complaints Commissioner means the Commissioner as defined in the Health Complaints Act 2016;".