Human Cloning (Prohibition) Act 2004 (ACT)

Case

Human Cloning (Prohibition) Act 2004 (repealed)   

A2004-21

Republication No 2

Effective:  9 April 2004

Republication date: 9 April 2004

As repealed by A2004-22 s 41 (4)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Human Cloning (Prohibition) Act 2004 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 9 April 2004. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a)if the person charged is an individual—$100; or

    (b)if the person charged is a corporation—$500.

    Human Cloning (Prohibition) Act 2004 (repealed)

    Contents

    Page

    Part 1Preliminary

    1. Name of Act  2

    2. Dictionary  2

    3. Notes  2

    4. Offences against Act—application of Criminal Code etc 2

    5. Object of Act  3

    6. Meaning of human embryo  3

    Part 3Miscellaneous

    1. Review of operation of Act  4

    2. Regulation-making power  4

    Dictionary5

    Endnotes

    1. About the endnotes  6

    2. Abbreviation key  6

    3. Legislation history  7

    4. Amendment history  7

    5. Earlier republications  9

    Human Cloning (Prohibition) Act 2004 (repealed)

    An Act to prohibit human cloning and other unacceptable practices associated with reproductive technology

    Part 1Preliminary

    1. Name of Act

      This Act is the Human Cloning (Prohibition) Act 2004.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

      For example, the signpost definition ‘human embryo—see section 7.’ means that the term ‘human embryo’ is defined in that section.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

      NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Offences against Act—application of Criminal Code etc

      Other legislation applies in relation to offences against this Act.

      Note 1Criminal Code

      The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

    Note 2Penalty units

    The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    1. Object of Act

      The object of this Act is to address concerns, including ethical concerns, about scientific developments in relation to human reproduction and the utilisation of human embryos by prohibiting certain practices.

    2. Meaning of human embryo

      (1)In this Act:

      human embryo means a live embryo that has a human genome or an altered human genome and that has been developing for less than 8 weeks since the appearance of 2 pro-nuclei or the initiation of its development by other means.

      (2)In working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded.

    Part 3Miscellaneous

    1. Review of operation of Act

      (1)The Minister must review the operation of this Act as soon as practicable after the 2nd anniversary of the day the Act commences.

      (2)The review must consider and report on the scope and operation of this Act taking into account the following:

      (a)developments in technology in relation to assisted reproductive technology;

      (b)developments in medical research and scientific research and the potential therapeutic applications of such research;

      (c)community standards;

      (d)the applicability of establishing a national stem cell bank.

      (3)The review may be undertaken as part of the review mentioned in the Prohibition of Human Cloning Act 2002 (Cwlth), section 25.

    2. Regulation-making power

      The Executive may make regulations for this Act.

      NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    Dictionary

    (see s 3)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

    ·     Executive

    ·     under.

    excess ART embryo—see the Human Embryo (Research) Act 2004, section 9.

    human embryo—see section 7.

    woman means a female human.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter par = paragraph/subparagraph
    cl = clause pres = present
    def = definition prev = previous
    dict = dictionary (prev...) = previously
    disallowed = disallowed by the Legislative pt = part
    Assembly r = rule/subrule
    div = division reg = regulation/subregulation
    exp = expires/expired renum = renumbered
    Gaz = Gazette reloc = relocated
    hdg = heading R[X] = Republication No
    IA = Interpretation Act 1967 RI = reissue
    ins = inserted/added s = section/subsection
    LA = Legislation Act 2001 sch = schedule
    LR = legislation register sdiv = subdivision
    LRA = Legislation (Republication) Act 1996 sub = substituted
    mod = modified/modification SL = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired

    1. Legislation history

      Most of the provisions of this Act were relocated to the Human Cloning and Embryo Research Act 2004 A2004-22.

      Human Cloning (Prohibition) Act 2004 A2004-21

      notified LR 7 April 2004
      s 1, s 2 commenced 7 April 2004 (LA s 75 (1))
      remainder commenced 8 April 2004 (s 2)

      as amended by

      Human Cloning and Embryo Research Act 2004 A2004-22


      (orig Human Embryo (Research) Act 2004) sch 1 pt 1.2

      notified LR 7 April 2004
      s 1, s 2 commenced 7 April 2004 (LA s 75 (1))
      sch 1 pt 1.2 commenced 8 April 2004 (s 2)

      as repealed by

      Human Cloning and Embryo Research Act 2004 A2004-22


      (orig Human Embryo (Research) Act 2004) s 41 (4)

      notified LR 7 April 2004
      s 1, s 2 commenced 7 April 2004 (LA s 75 (1))
      s 41 (4) commenced 8 April 2004 (s 2)

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

      Meaning of human embryo clone

      s 8reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 7A by A2004-22 amdt 1.11

      Prohibited practices

      pt 2 hdgreloc to Human Cloning and Embryo Research Act 2004 A2004-22 pt 1A hdg by A2004-22 amdt 1.12

      Human cloning

      div 2.1 hdgreloc to Human Cloning and Embryo Research Act 2004 A2004-22 div 1A.1 hdg by A2004-22 amdt 1.12

      Offence—creating human embryo clone

      s 9reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 9 by A2004-22 amdt 1.12

      Offence—placing human embryo clone in body of human or animal

      s 10reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 10 by A2004-22 amdt 1.12

      Offence—importing or exporting human embryo clone

      s 11reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 11 by A2004-22 amdt 1.12

      No defence that human embryo clone could not survive

      s 12reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 12 by A2004-22 amdt 1.12

      Other prohibited practices

      div 2.2 hdgreloc to Human Cloning and Embryo Research Act 2004 A2004-22 div 1A.2 hdg by A2004-22 amdt 1.12

      Offence—creating human embryo otherwise than by fertilisation etc

      s 13reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 13 by A2004-22 amdt 1.12

      Offence—creating human embryo for purpose other than achieving pregnancy

      s 14reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 14 by A2004-22 amdt 1.12

      Offence—creating etc human embryo containing genetic material from more than 2 people

      s 15reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 15 by A2004-22 amdt 1.12

      Offence—developing human embryo outside body of woman for longer than 14 days

      s 16reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 16 by A2004-22 amdt 1.12

      Offence—using precursor cells to create human embryo etc

      s 17reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 17 by A2004-22 amdt 1.12

      Offence—heritable alterations to genome

      s 18reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 18 by A2004-22 amdt 1.12

      Offence—collecting viable human embryo from woman’s body

      s 19reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 19 by A2004-22 amdt 1.12

      Offence—creating chimeric or hybrid embryo

      s 20reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 20 by A2004-22 amdt 1.12

      Offence—placing of embryo

      s 21reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 21 by A2004-22 amdt 1.12

      Offence—importing, exporting or placing prohibited embryo

      s 22reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 22 by A2004-22 amdt 1.12

      Offence—commercial trading in human eggs etc

      s 23reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 23 by A2004-22 amdt 1.12

      Dictionary

      dictdef animal reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13

      def chimeric embryo reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13

      def human embryo clone reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13

      def human sperm reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13

      def hybrid embryo reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13

      def precursor cell reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

    Republication No and date

    Effective

    Last amendment made by

    Republication for
    R1
    8 Apr 2004     		8 Apr 2004–
    8 Apr 2004     		A2004-22 new Act and amendments by A2004-22
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