Infertility Treatment (Amendment) Act 2001 (Vic)

Infertility Treatment (Amendment) Act 2001

Act No. 59/2001

TABLE OF PROVISIONS

Section

Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Spousal consent	2
5.	Use of embryos formed from gamete of a person who has died	3
6.	New Part 7A inserted	3
PART 7A—PRE-1 JULY 1988 PROCEDURE
INFORMATION	3

92A.	Definitions	3
92B.	Application of Part	4
92C.	Recording of pre-1 July 1988 information	4
92D.	Release of information	6
92E.	Request for release of information	6
92F.	Authority to comply with wishes of person who
provided information	6
92G.	Authority may give information	7
92H.	Counselling waived in certain circumstances	8
92I.	Offences	8

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ENDNOTES

9

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Victoria

No. 59 of 2001

Infertility Treatment (Amendment) Act

2001†

[Assented to 16 October 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to make various
amendments to the Infertility Treatment Act

1995 to provide for—

(a)	the removal of the requirement for a spouse's consent in limited circumstances where the couple is no longer living together on a genuine domestic basis;

Infertility Treatment (Amendment) Act 2001

(b)	the use of embryos formed from gametes of a person who has died;
(c)	procedure information Register of

voluntary inclusion on the donor treatment treatment procedures undertaken prior to 1 July 1988 and for the release of that information.

2. Commencement

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

3. Principal Act

See:

4. Spousal consent

(1) In section 13(2) of the Principal Act—

(a)	in paragraph (b), for "divorce" substitute "cease to live together as husband and wife on a genuine domestic basis";
(b)	in paragraph (c), for "that divorce" substitute "the donor and that spouse have ceased to live together as husband and wife on a genuine domestic basis".

Infertility Treatment (Amendment) Act 2001

Act No. 59/2001

s. 5

(2) In section 13 of the Principal Act, for sub-section

(3) substitute—
"(3) Despite sub-section (1), the consent of the

spouse of a donor is not required where the donor and that spouse are no longer living together as husband and wife on a genuine domestic basis.".

(3) In section 15 of the Principal Act, for sub-section

(5) substitute—
"(5) An objection by a spouse of a donor

(whether married or living together in a de facto relationship) lapses if the donor and that spouse are no longer living together as

husband and wife on a genuine domestic

basis.".

(4) In section 18(3) of the Principal Act, after

"married to the donor" insert "and living together as husband and wife on a genuine domestic basis".

(5) In section 19(4) of the Principal Act, after

"married to the…