Human Reproductive Technology Amendment Act 1996 (WA)

WESTERN AUSTRALIA

HUMAN REPRODUCTIVE

TECHNOLOGY AMENDMENT

ACT 1996

No. 1 of 1996

AN ACT to amend the Human Reproductive Technology Act 1991 to provide for the extension of the storage period for embryos and eggs in the process of fertilisation, and for other purposes.

[Assented to 4 April 1996.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Human Reproductive

Technology Amendment Act 1996.

No. 1] Human Reproductive Technology

s. 2 Amendment Act 1996

Commencement

2. (1) Subject to subsection (2), this Act comes into operation

on the day on which it receives the Royal Assent.

(2) Section 5 is deemed to have come into operation on

8 April 1993.

Principal Act

3.   In this Act, the Human Reproductive Technology Act 1991*

is referred to as the principal Act.

[* Act No. 22 of 1991.

For subsequent amendments see 1994 Index to

Legislation of Western Australia, Table 1, p. 99.]

Section 8 amended

4.   Section 8 (2) (a) (i) (D) of the principal Act is amended by

deleting ‘‘prescribed for the purposes of this subsection as’’.

Section 24 amended

5. (1) Section 24 (1) (b) of the principal Act is amended by

deleting ‘‘3 years’’ and substituting the following —

‘‘ the permitted storage period ’’.

(2) After section 24 (3) of the principal Act the following

subsection is inserted —

‘‘

(4) In this section —

‘‘permitted storage period’’ means —

(a) in the case of the storage of an egg in the process of fertilisation or embryo

Human Reproductive Technology [No. 1

Amendment Act 1996

s. 6

starting before 8 October 1993, the

period ending 7 October 1996; and

(b) in any other case, 3 years.

’’.

Section 24 further amended

6. (1) Section 24 (1) (b) of the principal Act, as amended by

section 5 (1), is further amended by inserting after ‘‘storage

period’’ the following —

‘‘

except with the approval of the Council under

subsection (1a)

’’.

(2) After section 24 (1) of the principal Act the following

subsections are inserted —

‘‘

The Council may approve in writing a longer storage period for an egg in the process of fertilisation or an embryo if it considers that there are special reasons for doing so in a particular case.

(1a)

(1b) An approval under subsection (1a) may be subject to conditions and is to specify the date on which the longer storage period ends.

An approval under subsection (1a) can only be given before the end of the permitted storage period, or if a longer storage period has previously been approved under subsection (1a), before the end of that period.

(1c)

No. 1] Human Reproductive Technology

s. 6 Amendment Act 1996

The Council is to inform the Minister of each approval given under subsection (1a), but in such a manner that the identity of the biological parents cannot be ascertained from the approval.

(1d)

’’.

By Authority: JOHN A. STRIJK, Acting Government Printer