Assisted Reproductive Treatment Amendment Act 2021 (Vic)
Assisted Reproductive Treatment Amendment Act 2021
No. 39 of 2021
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendments to the Principal Act
4Definitions
5Guiding principles
6Section 8 substituted
7Requirements as to consent
8Counselling
9Donation of gametes or an embryo
10Requirements as to consent
11Counselling requirements
12Requirements as to the giving and receiving of information
13Withdrawal of consent
14New section 20A inserted
15Lapsing of consent
16Record of consent and withdrawal of consent
17Transfer of documents
18Information and advice
19Ban on using donated gametes to produce more than 10 families
20New section 30A inserted
21Storing embryos for later transfer
22Patient Review Panel may approve longer or further storage of embryos
23Removal of embryos from storage
24Time for removal of embryos from storage
25New section 42A inserted
26Surrogacy costs
27Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement
28Counselling and legal information
29New section 44A inserted
30Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider
31Section 48 substituted
32Register to be kept by registered ART providers
33Heading to Division 2 of Part 6 amended
34New section 55A inserted
35Confidentiality of information on the Central Register
36Confidentiality of information on the Central Register disclosed by the Authority
37Report to Minister
38No action if gametes used without knowing consent withdrawn or lapsed
39New Division 7 of Part 13 inserted
Part 3—Consequential amendments to the Principal Act
40Ban on using donated gametes to produce more than 10 families
41Commissioning parents not required to give donor's consent
Part 4—Consequential amendments to the Status of Children Act 1974
42Interpretation
43Application for a substitute parentage order
44Commissioning parents presumed to be named as legal parents
45Court may make substitute parentage order
46Additional requirements for surrogacy arrangements without assistance of registered ART provider
47Circumstances in which consent not required
48Effect of substitute parentage order
49Court may order discharge of substitute parentage order
50Application for a registration order
51Court may make registration order
52Circumstances in which consent to registration order not required
53Court may revoke registration order
54Access to court records
55Presumption as to status of child if female partner is deceased—surrogacy arrangements
56New section 39A inserted
57Legal status of deceased parent
Part 5—Repeal of this Act
58Repeal of this Act
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Endnotes
1 General information
Assisted Reproductive Treatment Amendment Act 2021
No. 39 of 2021
[Assented to 19 October 2021]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Assisted Reproductive Treatment Act 2008—
(i)to expand the class of persons permitted to carry out artificial insemination; and
(ii)to amend requirements for persons providing counselling; and
(iii)to extend requirements for provision of advice and information applying to registered ART providers to doctors carrying out artificial insemination other than on behalf of a registered ART provider; and
(iv)to clarify interpretation of the requirement for donor consent; and
(v)to provide for consent to a treatment procedure to be withdrawn on separation of the woman and her partner; and
(vi)to include exceptions to the offence for use of donated gametes in treatment procedures that may result in more than 10 women having children who are genetic siblings; and
(vii)to prevent gamete donors withdrawing consent to use of gametes after the formation of an embryo; and
(viii)to change requirements for consent to further storage, and removal from storage, of donor embryos or embryos created from donor gametes; and
(ix)to provide for reimbursement of costs incurred by a surrogate mother's partner; and
(x)to recognise the surrogate mother's rights in relation to her pregnancy and the birth of the child; and
(xi)to permit a surviving partner, irrespective of gender, to commission a surrogacy arrangement using gametes, or an embryo formed from, gametes produced by the deceased; and
(xii)to clarify the application of confidentiality offences where information on the Central Register was not disclosed by the Authority; and
(xiii)to make other miscellaneous amendments to improve the operation of the Act; and
(b)to make consequential amendments to the Status of Children Act 1974.
2Commencement
(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.
(2)This Part and sections 25, 29, 35, 36 and 37 come into operation on the day after the day on which this Act receives the Royal Assent.
(3)If a provision of this Act does not come into operation before 7 September 2022, it comes into operation on that day.
3Principal Act
In this Act, the Assisted Reproductive Treatment Act 2008 is called the Principal Act.
Part 2—Amendments to the Principal Act
4Definitions
(1)In section 3 of the Principal Act insert the following definitions—
"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;
notice of separation means a notice given under section 20A(3);".
(2)In section 3 of the Principal Act, in the definition of RTAC accreditation, after "Australia" insert "and New Zealand".
(3)In section 3 of the Principal Act, in the definition of self-insemination, after "doctor" insert "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".
(4)In section 3 of the Principal Act, the definition of commissioning parent is repealed.
5Guiding principles
In section 5 of the Principal Act—
(a)in paragraph (b)(i), for "men and women" substitute "individuals";
(b)in paragraph (c), for "genetic parents" substitute "donors";
(c)in paragraph (e), for "marital status," substitute "marital or relationship status, gender identity, sex characteristics,".
6Section 8 substituted
For section 8 of the Principal Act substitute—
"8 Artificial 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.".
7Requirements as to consent
After section 11(1) of the Principal Act insert—
"(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.".
8Counselling
(1)In section 13 of the Principal Act, for "a treatment procedure" substitute "assisted reproductive treatment".
(2)At the end of section 13 of the Principal Act insert—
"(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.".
9Donation of gametes or an embryo
After section 16(2) of the Principal Act insert—
"(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.".
10Requirements as to consent
For section 17(1)(d) of the Principal Act substitute—
"(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.".
11Counselling requirements
(1)In section 18 of the Principal Act, after "section 16" insert "for use of the person's gametes in assisted reproductive treatment".
(2)At the end of section 18 of the Principal Act insert—
"(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.".
12Requirements as to the giving and receiving of information
In section 19(b) of the Principal Act, after "provider" insert "or doctor who carries out artificial insemination other than on behalf of a registered ART provider".
13Withdrawal of consent
For section 20(1) of the Principal Act substitute—
"(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.".
14New section 20A inserted
After section 20 of the Principal Act insert—
"20A Consent 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.".
15Lapsing of consent
In section 21(2) of the Principal Act, for "section 16(1)" substitute "section 16".
16Record of consent and withdrawal of consent
(1)For the heading to section 22 of the Principal Act substitute—
"Record of consent, withdrawal of consent and notice of separation".
(2)In section 22 of the Principal Act—
(a)in paragraph (a), for "or withdrawal of consent" substitute ", withdrawal of consent or notice of separation";
(b)for paragraph (b) substitute—
"(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.".
(3)At the end of section 22 of the Principal Act insert—
"(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.".
17Transfer of documents
In section 23 of the Principal Act, for "or withdrawal of a consent" substitute ", withdrawal of a consent or notice of separation".
18Information and advice
At the end of section 25 of the Principal Act insert—
"(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.".
19Ban on using donated gametes to produce more than 10 families
After section 29(2) of the Principal Act insert—
"(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 commissioning parents; or
(B)the commissioning parent, if the other children of the commissioning parent were born as a result of a surrogacy arrangement commissioned only by that commissioning parent; or
(C)in the case of posthumous use, the commissioning parent and the deceased.".
20New section 30A inserted
After section 30 of the Principal Act, after the heading to Division 2, insert—
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.".
21Storing embryos for later transfer
For section 33(2)(b)(ii) of the Principal Act substitute—
"(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;".
22Patient Review Panel may approve longer or further storage of embryos
For section 33A(1) and (2) of the Principal Act substitute—
"(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.".
23Removal of embryos from storage
For section 34(1)(b) and (c) of the Principal Act substitute—
"(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".
24Time for removal of embryos from storage
For section 34A(1)(a) of the Principal Act substitute—
"(a)the responsible persons in relation to the embryo give written consent to its removal; or".
25New section 42A inserted
After section 42 of the Principal Act insert—
42ACommissioning parents not required to give donor's consent"
To avoid doubt, gametes produced by a commissioning parent or an embryo formed from gametes produced by a commissioning parent may be used in a treatment procedure carried out under a surrogacy arrangement without a consent given by the commissioning parent under section 16.".
26Surrogacy costs
(1)After section 44(2) of the Principal Act insert—
"(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.".
(2)In section 44(3) of the Principal Act, after "surrogate mother" insert "or the surrogate mother's partner (if any)".
27Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement
In section 40(1) of the Principal Act—
(a)in paragraphs (a), (c) and (e)(i), for "commissioning parent" substitute "intended parent";
(b)in paragraph (e)(ii), for "commissioning parent." substitute "intended parent;".
28Counselling and legal information
In section 43 of the Principal Act, for "commissioning parent" substitute "intended parent".
29New section 44A inserted
After section 44 of the Principal Act insert—
"44A Rights 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.".
30Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider
For section 46(a)(ii) of the Principal Act substitute—
"(ii)by the deceased person's partner commissioning a surrogacy arrangement in accordance with Part 4; and".
31Section 48 substituted
For section 48 of the Principal Act substitute—
"48 Counselling
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.".
32Register to be kept by registered ART providers
In section 49(1)(i) of the Principal Act omit "and withdrawals of consent".
33Heading to Division 2 of Part 6 amended
In the heading to Division 2 of Part 6 of the Principal Act, after "providers" insert "and doctors".
34New section 55A inserted
After section 55 of the Principal Act insert—
"55A Information recorded by doctors that is to be given to donors
(1)This section applies if a doctor who carries out artificial insemination other than on behalf of a registered ART provider proposes to carry out artificial insemination using donor sperm.
(2)The donor may ask the doctor for any information required to be recorded in the doctor's register about—
(a)the woman on whom the procedure is proposed to be carried out; and
(b)the woman's partner, if any.
(3)On receiving a request for information under subsection (2), the doctor must disclose to the donor, in accordance with subsection (4)—
(a)the information in the doctor's register about the woman and her partner, if any, other than identifying information about the woman or her partner; and
(b)any identifying information in the doctor's register about the woman or her partner, if any, if the woman and her partner have consented to the disclosure.
Penalty:50 penalty units.
(4)Information disclosed under subsection (3) must be given—
(a)in writing; and
(b)in accordance with any conditions or limitations imposed by the woman or her partner, if any.
(5)In this section—
register, in relation to a doctor, means the register required to be kept by the doctor under Division 1.".
35Confidentiality of information on the Central Register
After section 66A(2) of the Principal Act insert—
"(3)Subsection (1) does not apply to a disclosure by an organisation authorised under section 67B of information that is recorded in the Central Register but was not disclosed to the organisation by the Authority.".
36Confidentiality of information on the Central Register disclosed by the Authority
In section 66C(1) of the Principal Act, after "the information" insert "that was disclosed to the person by the Authority".
37Report to Minister
In section 114(1) of the Principal Act, for "30 September" substitute "31 October".
38No action if gametes used without knowing consent withdrawn or lapsed
After section 117(2) of the Principal Act insert—
"(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).".
39New Division 7 of Part 13 inserted
After section 145 of the Principal Act insert—
"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).".
Part 3—Consequential amendments to the Principal Act
40Ban on using donated gametes to produce more than 10 families
In section 29(3)(c)(ii) of the Principal Act, for "commissioning" (wherever occurring) substitute "intended".
41Commissioning parents not required to give donor's consent
(1)In the heading to section 42A of the Principal Act, for "commissioning parents" substitute "intended parents".
(2)In section 42A of the Principal Act—
(a)for "a commissioning parent" (where twice occurring) substitute "an intended parent";
(b)for "the commissioning parent" substitute "the intended parent".
Part 4—Consequential amendments to the Status of Children Act 1974
42Interpretation
In section 17(1) of the Status of Children Act 1974—
(a)insert the following definition—
"intended parents, in relation to a child born under a surrogacy arrangement, means the person or persons who entered into the surrogacy arrangement for a woman to carry the child on behalf of the person or persons;";
(b)the definition of commissioning parents is repealed.
43Application for a substitute parentage order
In section 20 of the Status of Children Act 1974, for "commissioning parents" (wherever occurring) substitute "intended parents".
44Commissioning parents presumed to be named as legal parents
(1)In the heading to section 21 of the Status of Children Act 1974, for "commissioning parents" substitute "intended parents".
(2)In section 21(1) of the Status of Children Act 1974, for "commissioning parents" substitute "intended parents".
(3)In section 21(2) of the Status of Children Act 1974, for "a commissioning parent" substitute "an intended parent".
45Court may make substitute parentage order
In section 22(1) of the Status of Children Act 1974, for "commissioning parents" (where twice occurring) substitute "intended parents".
46Additional requirements for surrogacy arrangements without assistance of registered ART provider
In section 23 of the Status of Children Act 1974, for "commissioning parents" (where twice occurring) substitute "intended parents".
47Circumstances in which consent not required
In section 24 of the Status of Children Act 1974, for "commissioning parents" (wherever occurring) substitute "intended parents".
48Effect of substitute parentage order
(1)In section 26(3)(b) of the Status of Children Act 1974, for "commissioning parents" substitute "intended parents".
(2)In the note at the foot of section 26 of the Status of Children Act 1974, for "commissioning parents" (where twice occurring) substitute "intended parents".
49Court may order discharge of substitute parentage order
In section 28(2)(b)(iii) of the Status of Children Act 1974, for "commissioning parents" substitute "intended parents".
50Application for a registration order
In section 29B of the Status of Children Act 1974, for "commissioning parents" (whereveroccurring) substitute "intended parents".
51Court may make registration order
In section 29E of the Status of Children Act 1974, for "commissioning parents" (whereveroccurring) substitute "intended parents".
52Circumstances in which consent to registration order not required
In section 29F of the Status of Children Act 1974, for "commissioning parents" (whereveroccurring) substitute "intended parents".
53Court may revoke registration order
In section 29H(3)(c) of the Status of Children Act 1974, for "commissioning parents" substitute "intended parents".
54Access to court records
In section 34(2)(d) of the Status of Children Act 1974, for "a commissioning parent" substitute "an intended parent".
55Presumption as to status of child if female partner is deceased—surrogacy arrangements
In section 39 of the Status of Children Act 1974—
(a)for "man" (wherever occurring) substitute "person";
(b)for "man's" (wherever occurring) substitute "person's".
56New section 39A inserted
After section 39 of the Status of Children Act 1974 insert—
"39A Presumption as to status of child if male partner is deceased—surrogacy arrangements
(1)This section applies if—
(a)a person commissions a surrogacy arrangement in accordance with the Assisted Reproductive Treatment Act 2008; and
(b)the surrogate mother undergoes a procedure as a result of which she becomes pregnant; and
(c)either of the following applies—
(i)the semen used in the procedure—
(A)was produced by the person's partner before his death; or
(B)was collected from the person's partner after his death; or
(ii)the embryo used in the procedure was created before the person's partner died using sperm produced by him.
(2)If the surrogate mother becomes pregnant, the person may apply to the court under section 20 for a substitute parentage order to be made in respect of the child and in favour of the person and the deceased.
(3)In addition to the matters set out in section 22, the court must also be satisfied as to the matters set out in Part 5 of the Assisted Reproductive Treatment Act 2008.
(4)If a substitute parentage order is made, the deceased is taken to be a parent of any child born as a result of the pregnancy for the sole purpose of enabling the particulars of the deceased to be entered as the particulars of the child's parent in the Register of births kept under the Births, Deaths and Marriages Registration Act 1996.".
57Legal status of deceased parent
In section 40 of the Status of Children Act 1974, for "38 or 39" (where twice occurring) substitute "38, 39 or 39A".
Part 5—Repeal of this Act
58Repeal of this Act
This Act is repealed on 7 September 2023.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 8 September 2021
Legislative Council: 5 October 2021
The long title for the Bill for this Act was "A Bill for an Act to amend the Assisted Reproductive Treatment Act 2008, to consequentially amend the Status of Children Act 1974 and for other purposes. "
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