Infertility Treatment (Amendment) Act 1997 (Vic)

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Infertility Treatment (Amendment) Act 1997

Act No. 37/1997

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 2
3. Principal Act 2

PART 2—AMENDMENT OF PRINCIPAL ACT 3

4. Commencement of unproclaimed provisions of Principal Act 3
5. Standing Review and Advisory Committee on Infertility 3
6. Application of Act to de facto relationships 4
7. Persons who may undergo treatment procedures 5
8. Consent of spouse of donor under section 13 6
9. Objection by later spouse under section 15 6
10. Identified donors 7
11. Requirements as to consent to use of gamete, etc from identified
donor 7
12. Consent of spouse of donor under section 28 7
13. Requirements as to consent 8
14. Objection by later spouse under section 30 8
15. Ban on procedure involving gametes produced by children 8
16. Removal of zygotes and embryos from storage 8
17. Definitions 9
18. Repeal of section 195 9
19. References to spouse 9
20. Statute law revision 9

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NOTES 10

i

Victoria

No. 37 of 1997

Infertility Treatment (Amendment) Act

1997†

[Assented to 3 June 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes
The purposes of this Act are to amend the
Infertility Treatment Act 1995—

(a)

to extend the period for commencement of the unproclaimed provisions of the Act;

Infertility Treatment (Amendment) Act 1997

Act No. 37/1997 s. 2

(b) to repeal the provisions in relation to the Standing Review and Advisory Committee on Infertility;
(c) to extend access to treatment procedures under the Act to de facto couples living together as husband and wife on a genuine
domestic basis;

(d)

to make various miscellaneous amendments to the Act.

2. Commencement
This Act comes into operation on the day on which it receives the Royal Assent.

3. Principal Act No. 63/1995.
In this Act, the Infertility Treatment Act 1995 is called the Principal Act.

_______________
Infertility Treatment (Amendment) Act 1997

s. 4	Act No. 37/1997

PART 2—AMENDMENT OF PRINCIPAL ACT
4. Commencement of unproclaimed provisions of Principal Act
In section 2 of the Principal Act, for sub-section
(4) substitute—
"(4) If a provision referred to in sub-section (3)
does not come into operation before 1 day.".

5. Standing Review and Advisory Committee on Infertility
(1) In the Principal Act—

(a)

in section 1(f), omit "and the Standing Review and Advisory Committee on Infertility";

(b)

in section 3, the definition of "Committee" is repealed;
(c) in section 89(3), paragraph (f) is repealed;

(d)

in section 98, sub-sections (7) and (8) are repealed;
(e) in section 99—
(i) in sub-section (1), for "Subject to sub- section (2), the" substitute "The";

(ii) sub-section (2) is repealed;
(f) in section 100, sub-section (2) is repealed;
(g) in section 118(1), omit "and the Committee";
(h) in section 122, sub-section (5) is repealed;
(i) Part 10 is repealed;

Infertility Treatment (Amendment) Act 1997

Act No. 37/1997 s. 6
(j) in section 150—
(i) omit "or the Committee";
(ii) omit "98(8) or";
(k) in section 161(a)—
(i) for "the Minister, the Authority or the Committee" substitute "the Minister or the Authority";
(ii) omit "or the Committee" (where secondly occurring);

(l) in section 164(a)—
(i) omit "or the Committee";
(ii) omit "98(8) or".

(2) In section 194 of the Principal Act, for sub-
sections (2) and (3) substitute—
"(2) The Authority may, in accordance with this
Act, continue and complete any thing of a
continuing nature commenced by the former
Committee.".

6. Application of Act to de facto relationships
(1) In section 3 of the Principal Act, before "In this
Act" insert "(1)".

(2) In section 3 of the Principal Act insert—

' "de facto relationship" means the relationship

of a man and a woman who are living
together as husband and wife on a genuine
domestic basis, although not married;

"husband", in relation to a woman who is living with a man in a de facto relationship, means the man with whom she is living in that de
facto relationship;

Infertility Treatment (Amendment) Act 1997

s. 7	Act No. 37/1997

"spouse"—

(a)
in relation to a man who is living with a means the woman with whom he is living in that de facto relationship;

(b) in relation to a woman who is living with a man in a de facto relationship, means the man with whom she is living
in that de facto relationship;

"wife", in relation to a man who is living with a woman in a de facto relationship, means the woman with whom he is living in that de
facto relationship;'.

(3) At the end of section 3 of the Principal Act,
insert—
"(2) If a man or woman living in a de facto
relationship is also married, a reference in
this Act to a husband, wife or spouse of such
a man or woman (as the case requires) does
not include a reference to the husband or
wife to whom the man or woman is
married.".

7. Persons who may undergo treatment procedures

In section 8 of the Principal Act, for sub-section
(1) substitute—
"(1) A woman who undergoes a treatment
procedure must—

(a)

be married and living with her husband on a genuine domestic basis; or

(b)

be living with a man in a de facto relationship.".

Infertility Treatment (Amendment) Act 1997

Act No. 37/1997 s. 8

8. Consent of spouse of donor under section 13

In section 13 of the Principal Act—

(a) in sub-section (1), for "is married at the time consent is given" substitute "is, at the time consent is given, married or living in a de facto relationship";
(b)
in sub-section (2), for "was not married at "was not, at the time the donor gave consent, married or living in a de facto relationship";

(c) after sub-section (3)(c) insert—

"or

(d) in the case of a de facto relationship, when the donor and spouse cease to live together as husband and wife on a
genuine domestic basis.";

(d)

in sub-section (4), after "each other" insert "or are living together in a de facto relationship (as the case requires)".

9. Objection by later spouse under section 15

In section 15 of the Principal Act—

(a)
in sub-section (1), for paragraph (a) "(a) after the donor has given consent under
section 12 in respect of an oocyte,
sperm, zygote or embryo, the donor
marries or commences living in a de
facto relationship; and";

(b)

in sub-section (5), after "to the donor" insert "or ceases to live in a de facto relationship with the donor (as the case requires)".

Infertility Treatment (Amendment) Act 1997

s. 10

Act No. 37/1997

10. Identified donors
In section 18 of the Principal Act, for sub-section
(3) substitute—
'(3) In this section, "spouse", in relation to a
donor, means a person who was, at the time
the donor gave consent under sub-section
(1)(b), married to the donor or living in a de
facto relationship with the donor.'.

11. Requirements as to consent to use of gamete, etc from identified donor
In section 19 of the Principal Act, for sub-section
(4) substitute—
'(4) In this section, "spouse", in relation to a
donor, means a person who was, at the time
the donor gave consent under section
18(1)(b), married to the donor or living in a
de facto relationship with the donor.'.

12. Consent of spouse of donor under section 28

In section 28 of the Principal Act—

(a) in sub-section (1), for "is married at the time consent is given" substitute "is, at the time consent is given, married or living in a de facto relationship";
(b)
in sub-section (2), for "was not married at "was not, at the time the donor gave consent, married or living in a de facto relationship";

(c) after sub-section (3)(c) insert—

"or

(d) in the case of a de facto relationship, when the donor and spouse cease to live together as husband and wife on a
genuine domestic basis.".

Infertility Treatment (Amendment) Act 1997

Act No. 37/1997 s. 13

13. Requirements as to consent
In section 29 of the Principal Act, after sub-
section (2) insert—
'(3) In this section, "spouse", in relation to a
donor, means a person who was, at the time the donor gave consent under section 27 or 28, married to the donor or living in a de
facto relationship with the donor.'.

14. Objection by later spouse under section 30

In section 30 of the Principal Act—

(a) in sub-section (1), for "If a donor marries a person after he or she has given consent under section 27" substitute "If, after a donor has given consent under section 27, he or she marries or commences living in a de facto relationship";
(b) in sub-section (5), after "to the donor" insert "or ceases to live in a de facto relationship with the donor (as the case requires)".
15. Ban on procedure involving gametes produced by children
In section 41(a) and (b) of the Principal Act, omit
", unless that person is married".

16. Removal of zygotes and embryos from storage
In section 53(1)(d) of the Principal Act, for "is married at the time of the giving of the consent" substitute "is, at the time of the giving of the consent, married or living in a de facto relationship".

Infertility Treatment (Amendment) Act 1997

s. 17

Act No. 37/1997

17. Definitions
(1) After section 171(2) of the Principal Act insert— '(3) Unless the contrary intention appears, the
definitions of "husband", "spouse" and "wife" in section 3(1) of this Act do not apply to this Division.'.

(2) In section 180(4) of the Principal Act, after

"husband" insert "(within the meaning of section
3(1) of this Act)".

18. Repeal of section 195
Section 195 of the Principal Act is repealed.

19. References to spouse
In the Principal Act—

(a)

in section 4(2), omit "or spouse" (where twice occurring);

(b)

in section 63(2)(c), for "spouse" (where twice occurring) substitute "husband";

(c)

in section 66(c), for "spouse" substitute "husband";

(d)

in sections 71 and 72, for "spouse" (wherever occurring) substitute "husband".

20. Statute law revision
In the Principal Act—

(a)

in section 22(2)(a), for "being" substitute "bring";
(b) in section 173, omit "(1)";

(c)

in section 180(4)(a), for "identify" substitute "identity".

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Infertility Treatment (Amendment) Act 1997

Act No. 37/1997 Notes

NOTES

†
Minister's second reading speech—
Legislative Council: 22 April 1997
Legislative Assembly: 30 April 1997
The long title for the Bill for this Act was "to amend the Infertility
Treatment Act 1995 and for other purposes."

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Infertility Treatment (Amendment) Act 1997 (Vic)

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4.	Commencement of unproclaimed provisions of Principal Act	3
5.	Standing Review and Advisory Committee on Infertility	3
6.	Application of Act to de facto relationships	4
7.	Persons who may undergo treatment procedures	5
8.	Consent of spouse of donor under section 13	6
9.	Objection by later spouse under section 15	6
10.	Identified donors	7
11.	Requirements as to consent to use of gamete, etc from identified
donor	7
12.	Consent of spouse of donor under section 28	7
13.	Requirements as to consent	8
14.	Objection by later spouse under section 30	8
15.	Ban on procedure involving gametes produced by children	8
16.	Removal of zygotes and embryos from storage	8
17.	Definitions	9
18.	Repeal of section 195	9
19.	References to spouse	9
20.	Statute law revision	9

(b)	to repeal the provisions in relation to the Standing Review and Advisory Committee on Infertility;
(c)	to extend access to treatment procedures under the Act to de facto couples living together as husband and wife on a genuine

(a)	in section 1(f), omit "and the Standing Review and Advisory Committee on Infertility";
(b)	in section 3, the definition of "Committee" is repealed;

(a)	be married and living with her husband on a genuine domestic basis; or
(b)	be living with a man in a de facto relationship.".

(a)	in sub-section (1), for "is married at the time consent is given" substitute "is, at the time consent is given, married or living in a de facto relationship";
(b)

(a)	in sub-section (1), for "If a donor marries a person after he or she has given consent under section 27" substitute "If, after a donor has given consent under section 27, he or she marries or commences living in a de facto relationship";
(b)	in sub-section (5), after "to the donor" insert "or ceases to live in a de facto relationship with the donor (as the case requires)".

(a)	in section 4(2), omit "or spouse" (where twice occurring);
(b)	in section 63(2)(c), for "spouse" (where twice occurring) substitute "husband";
(c)	in section 66(c), for "spouse" substitute "husband";
(d)	in sections 71 and 72, for "spouse" (wherever occurring) substitute "husband".