{"id":"a-2024-7","name":"Assisted Reproductive Technology Act 2024","slug":"assisted-reproductive-technology-act-2024","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"7 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23053,"registerId":"act-a-2024-7-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Application of Act 3\n7 Objects of Act 4\n8 Principles of Act 4\n9 Meaning of ART treatment 4\n\nPage\ncontents 2 Assisted Reproductive Technology Act 2024\n10 Meaning of ART service 5\n11 Meaning of ART provider 5\n12 Eligibility for registration 6\n13 Application for registration 6\n14 Application for renewal 7\n15 Deciding applications 7\n16 Conditions on registration 8\n17 Term of registration 8\n18 Cancellation of registration 9\n19 Requirement to notify director-general about certain events 9\n20 Register of ART providers 10\n21 Requirement to be registered 12\n22 Performance and supervision of ART services 12\n23 Requirement to offer counselling before providing ART service 13\n24 Requirement to give certain information before providing ART service 14\n25 Disclosure of personal health information by ART provider 16\n26 Provision of ART treatment to child or young person 18\n27 Infection control standards 18\n28 Requirement to obtain consent of gamete provider 19\n29 Form and content of consent 19\n30 Modification or withdrawal of consent 20\n31 Requirement to verify identity of gamete provider 20\n32 Requirement to confirm consent in certain cases 21\n33 Use of gamete to create embryo outside body 22\n34 Use of gametes or embryos in ART treatment 23\n35 Use of gametes or embryos for research 23\n36 Posthumous use of gametes or embryos 23\n\nPage\ncontents 3\n37 Authorisation of posthumous use 24\n38 Use of gametes obtained more than 5 years ago 25\n39 Donated gametes or embryos—time limits on use 26\n40 Donated gametes or embryos—limits on number of families 27\n41 Requirement to give information about number of families 28\n42 Use of gametes to create embryo with close family member 29\nDivision 4.4 Storage and transfer of gametes and embryos\n43 Storage of gametes or embryos 30\n44 Supply of gametes or embryos to another person 31\n45 Export of gametes or embryos from ACT 32\n46 Requirement to collect information about gamete provider 32\n47 Requirement to collect information about person undergoing ART\ntreatment 33\n48 Requirement to keep records 34\n49 Information sharing between ART providers 36\n50 Definitions—pt 5 37\n51 Meaning of mature donor conceived person etc—pt 5 38\n52 Donor register 38\n53 Mandatory information 39\n54 Voluntary information about donors 40\n55 Voluntary information about donor conceived people 41\n56 Voluntary information about informal donor arrangements 42\n57 Voluntary information about personal characteristics 43\n58 Voluntary information about contact preferences 43\n59 Information entered on director-general’s own initiative 43\nDivision 5.3 Measures to ensure accuracy of information\n60 Requirement to ensure accuracy 45\n61 Direction to give information about donor conceived person 46\n62 Information sharing between director-general and registrar-general 47\n\nPage\ncontents 4 Assisted Reproductive Technology Act 2024\n63 Disclosure of information in donor register generally 47\n64 Disclosure to subject of information 48\n65 Disclosure to donor 48\n66 Disclosure to donor conceived person—adult or assessed by\ncounsellor 49\n66A Disclosure to donor conceived person—16 or 17 years old and not\nassessed by counsellor 49\n67 Disclosure to parent of donor conceived child or young person 51\n68 Disclosure of information on director-general’s initiative 52\n69 Contacting donor conceived person for consent to disclosure 54\n70 Consent to disclosure generally 55\nPart 6 Pre-commencement records and other\ninformation held by ART providers\n71 Definitions—pt 6 56\nDivision 6.2 Retention of pre-commencement records\n72 Requirement to retain records 56\n73 Transfer of records 57\n74 Director-general may authorise destruction of records 58\n75 Meaning of accessible information—div 6.3 58\n76 Application for accessible information about donor 59\n77 Disclosure of accessible information by ART provider 60\nDivision 7.1 Preliminary\n78 Definitions—pt 7 61\n79 Giving improvement notice 61\n80 Content of improvement notice 62\n81 Extension of compliance period 62\n82 Revoking improvement notice 63\n83 Contravention of improvement notice 63\n\nPage\ncontents 5\n84 Giving prohibition notice 64\n85 Content of prohibition notice 64\n86 Ending prohibition 65\n87 Contravention of prohibition notice 66\n88 Direction to give information about potential notice recipients 66\n89 Definitions—pt 8 68\n90 Appointment of authorised people 69\n91 Identity cards 69\n92 Requirements before certain powers can be exercised 70\n93 Privilege against self-incrimination does not apply 71\n94 Direction to give information 72\n95 Direction to give name and address 72\n96 Powers of authorised person to enter premises 73\n97 Obtaining consent to entry 74\n98 General powers on entry to premises 75\n99 Definitions—div 8.5 76\n100 Application for warrant 77\n101 Magistrate may refuse to consider application for warrant until\nauthorised person gives relevant information 77\n102 Decision on application for warrant 77\n103 Warrant issued on remote application 78\n104 Announcement before entry under warrant 79\n105 Warrant etc to be given to occupier 80\n106 Occupier entitled to watch search etc 80\n\nPage\ncontents 6 Assisted Reproductive Technology Act 2024\n107 Authorised person may seize things at premises 81\n108 Moving things to another place for examination or processing under\nwarrant 82\n109 Owner etc may access seized things 83\n110 Person must not interfere with seized things 83\n111 Authorised person must give receipt for seized things 83\n112 Return of seized things 84\n113 Order disallowing seizure 85\n114 Damage etc to be minimised 86\n115 Compensation for exercise of enforcement powers 87\n116 Court to notify director-general of offence 88\n117 Destruction or falsification of records 88\n118 Criminal liability of executive officer 88\n119 Evidentiary certificates 90\n120 Disclosure of information by ART providers and others 90\n121 Protection of public officials from liability 91\nPart 10 Notification and review of decisions\n122 Meaning of reviewable decision—pt 10 92\n123 Reviewable decision notices 92\n124 Applications for review 92\n125 Determination of fees 93\n126 Applying, adopting or incorporating documents in regulations 93\n127 Regulation-making power 94\n128 Definitions—pt 12 95\n129 Use, supply and export of gametes and embryos 95\n130 Storage of gametes and embryos 95\n\nPage\ncontents 7\n131 Completion of family—subsequent gametes where person became\npregnant before end of transitional period 96\n132 Completion of family—embryos created before end of transitional\nperiod 96\n132A Completion of family—subsequent gametes where embryo created\nbefore end of transitional period 97\n132B Completion of family—gametes donated and allocated before end of\ntransitional period 97\n132C Completion of family—subsequent gametes where gamete allocated\nbefore end of transitional period 98\n132D Donor taken to consent to use of gametes and embryos for completion\nof family 99\n132E Certain things done or omitted to be done not invalid 100\n133 Expiry—pt 12 100\nDictionary 101\n1 About the endnotes 107\n2 Abbreviation key 107\n3 Legislation history 108\n4 Amendment history 109\n5 Earlier republications 112\n\nAn Act to regulate assisted reproductive technology services, and for other\npurposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Assisted Reproductive Technology Act 2024.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘child—see the Children and Young\nPeople Act 2008, section 11.’ means that the term ‘child’ is defined in\nthat Act and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act","content":"6 Application of Act\nThis Act does not limit or otherwise affect—\n(a) the regulation of a public health risk activity under the Public\nHealth Act 1997; or\n(b) the operation of the following:\n(i) the Human Cloning and Embryo Research Act 2004;\n(ii) the Mutual Recognition Act 1992 (Cwlth);\n(iii) the Parentage Act 2004;\n(iv) the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).\n\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Objects of Act","content":"7 Objects of Act\nThe objects of this Act are to regulate—\n(a) the provision of assisted reproductive technology services; and\n(b) access to information in relation to assisted reproductive\ntechnology services.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Principles of Act","content":"8 Principles of Act\nThe following principles must be given effect in administering this\nAct, or in carrying out an activity regulated by this Act:\n(a) the welfare and interests of people born, or to be born, as a result\nof assisted reproductive technology treatment must be protected;\n(b) assisted reproductive technology treatment must never be used\nto exploit, in trade or otherwise—\n(i) the reproductive capabilities of individuals; or\n(ii) children born as a result of assisted reproductive\ntechnology treatment;\n(c) donor conceived people have a right to information about their\ndonors;\n(d) the health and wellbeing of people undergoing assisted\nreproductive technology treatment must be protected.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of ART treatment","content":"9 Meaning of ART treatment\nART treatment (or assisted reproductive technology treatment)—\n(a) means medical treatment or a procedure that procures, or\nattempts to procure, pregnancy in a person other than by sexual\nintercourse; and\n\nObjects and important concepts Part 2\n(b) includes a related treatment or procedure prescribed by\nregulation; but\n(c) does not include self-insemination.\nExamples\n• artificial insemination (other than self-insemination)\n• in-vitro fertilisation\n• gamete intrafallopian transfer\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of ART service","content":"10 Meaning of ART service\nART service means any of the following provided for fee or reward,\nor in carrying on a business (whether or not for profit):\n(a) ART treatment;\n(b) storage of gametes and embryos for use in ART treatment;\n(c) a procedure to obtain a gamete from a gamete provider for use\nin ART treatment or for research in relation to ART treatment.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of ART provider","content":"11 Meaning of ART provider\n(a) means a person who provides an ART service; but\n(b) does not include a person who provides an ART service on\nbehalf of a registered ART provider under a contract of\nemployment or contract for services.\n\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Eligibility for registration","content":"12 Eligibility for registration\n(1) A person is eligible to be registered as an ART provider if—\n(a) the person holds ART accreditation; and\n(b) the person has not been convicted or found guilty of an offence\nagainst ART legislation; and\n(c) the person is not currently prohibited; and\n(d) for a person that is a corporation—no executive officer of the\ncorporation—\n(i) is an executive officer of another corporation that is\ncurrently prohibited; or\n(ii) was an executive officer of another corporation that is\ncurrently prohibited when the prohibition took effect; or\n(iii) has been convicted or found guilty of an offence because\nof section 118 (Criminal liability of executive officer).\n(2) In this section:\nprohibited means prohibited under division 7.3 from carrying on a\nbusiness that provides ART services.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Application for registration","content":"13 Application for registration\n(1) A person may apply to the director-general for registration as an\nART provider.\n(2) An application for registration must include the following:\n(a) the applicant’s name;\n(b) the address of each premises at which the applicant proposes to\nprovide ART services;\n\n(c) the name of each doctor who is to perform or supervise\nART services provided by the applicant;\n(d) the name of each person who is to provide counselling services\nin relation to ART services provided by the applicant;\n(e) evidence that the applicant holds ART accreditation;\n(f) any other information or document prescribed by regulation.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Application for renewal","content":"14 Application for renewal\n(1) A person may apply to the director-general for renewal of their\nregistration as an ART provider within 3 months before, and\n3 months after, the registration ends.\nNote If a person applies for renewal before the registration ends, it continues\nin force until the application is decided (see s 17 (2)).\n(2) An application for renewal must include the following:\n(a) information and documents mentioned in section 13 (2) that\nhave changed since last given to the director-general;\n(b) evidence that the applicant holds ART accreditation;\n(c) any other information or document prescribed by regulation.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Deciding applications","content":"15 Deciding applications\n(1) The director-general must approve an application for registration as\nan ART provider if satisfied—\n(a) the applicant is eligible to be registered; and\n(b) the application is made in accordance with section 13.\n(2) The director-general must approve an application for renewal of\nregistration as an ART provider if satisfied—\n(a) the applicant is eligible to be registered; and\n(b) the application is made in accordance with section 14.\n\n(3) The director-general must give written notice of their decision to\napprove or refuse an application to the applicant.\n16 Conditions on registration\n(1) A person’s registration as an ART provider is subject to any\nconditions the director-general considers appropriate.\n(2) However, before imposing a condition under subsection (1), the\ndirector-general must—\n(a) give the person a written notice—\n(i) stating the proposed condition; and\n(ii) stating the reason for the proposed condition; and\n(iii) telling the person that the person may give a written\nresponse to the director-general about the matters stated in\nthe notice not later than 28 days after the person receives\nthe notice; and\n(b) consider any response given to the director-general in\naccordance with paragraph (a) (iii).\n(3) A condition imposed under this section must not be inconsistent with\na condition imposed on the person’s ART accreditation and, to the\nextent of any inconsistency, is invalid.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Term of registration","content":"17 Term of registration\n(1) A person’s registration as an ART provider—\n(a) begins—\n(i) on the day the director-general gives the person notice of\ntheir decision to approve the person’s application for\nregistration under section 15; or\n\n(ii) for a renewed registration—on the day the director-general\napproves the person’s application for renewal under\nsection 15; and\n(b) ends on the earliest of—\n(i) 5 years after the day the registration begins; or\n(ii) the day the registration is cancelled under section 18.\n(2) However, if a person applies for renewal of their registration in\naccordance with section 14 before the registration ends, it continues\nin force until the application is decided.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Cancellation of registration","content":"18 Cancellation of registration\nThe director-general must cancel a person’s registration as an\nART provider if the person—\n(a) gives notice of the person ceasing to provide ART services\nunder section 19; or\n(b) stops holding ART accreditation; or\n(c) is prohibited under division 7.3 from carrying on a business that\nprovides ART services for 12 months or longer.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Requirement to notify director-general about certain","content":"19 Requirement to notify director-general about certain\nevents\n(1) A registered ART provider must give the director-general written\nnotice of the following events within 7 days after the event happens:\n(a) the ART provider ceasing to provide ART services;\n(b) a change of premises at which the ART provider provides\nART services;\n(c) a change to the doctors who perform or supervise ART services\nprovided by the ART provider;\n(d) a change to the ART provider’s ART accreditation;\n\n(e) the ART provider contravening any ART legislation;\n(f) if the ART provider is a corporation—a change to the address of\nits registered office or principal place of business;\n(g) a change to the people who provide counselling services in\nrelation to ART services provided by the ART provider;\n(h) any other event prescribed by regulation.\n(2) A registered ART provider commits an offence if it fails to comply\nwith subsection (1).\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Register of ART providers","content":"20 Register of ART providers\n(1) The director-general must keep a register of registered\nART providers.\n(2) The register must contain the following information for each\nregistered ART provider:\n(a) the ART provider’s name;\n(b) the address of each premises at which the ART provider\nprovides ART services;\n(c) the name of each doctor who performs or supervises\nART services provided by the ART provider;\n(d) the name of each person who provides counselling services in\nrelation to ART services provided by the ART provider.\n(3) The register may contain any other information the director-general\nconsiders appropriate.\n(4) The director-general must make the information in subsection (2)\navailable to the public.\n\n(5) However, the director-general must not make information about a\nperson available to the public if—\n(a) the person applies, in writing, for the information not to be made\navailable to the public; and\n(b) the director-general is satisfied that the publication of the\ninformation would, or could reasonably be expected to,\nendanger anyone’s life or physical safety.\n\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Requirement to be registered","content":"21 Requirement to be registered\n(a) provides an ART service; and\n(b) is not a registered ART provider.\n(2) A person commits an offence if the person—\n(a) advertises or holds out that the person is a registered ART\nprovider; and\n(b) is not a registered ART provider.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Performance and supervision of ART services","content":"22 Performance and supervision of ART services\nAn ART provider commits an offence if—\n(a) it provides ART services; and\n(b) the ART services are not performed or supervised by a doctor.\n\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Requirement to offer counselling before providing","content":"23 Requirement to offer counselling before providing\n(1) An ART provider must offer counselling services—\n(a) before providing ART treatment—\n(i) to a person seeking to undergo the treatment; and\n(ii) to a domestic partner of the person seeking to undergo the\ntreatment; and\n(b) before obtaining a gamete—to a person proposing to provide the\ngamete to the ART provider; and\n(c) before using a gamete, or an embryo created from the gamete—\nto the gamete provider if—\n(i) the gamete was not originally obtained as a donated\ngamete; and\n(ii) the gamete provider proposes to donate the gamete or\nembryo for use by someone other than the gamete provider\nor the gamete provider’s domestic partner.\n(2) The counselling services must be available in the ACT, either in\nperson or remotely.\n(3) A regulation may prescribe a qualification a person must hold to\nprovide counselling services.\n(4) An ART provider commits an offence if it fails to offer counselling\nservices in accordance with this section.\nMaximum penalty: 15 penalty units.\n(5) Nothing in this section—\n(a) prevents a person providing counselling services from charging\na reasonable fee for the services; or\n(b) requires a person to use counselling services.\n\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Requirement to give certain information before providing","content":"24 Requirement to give certain information before providing\n(1) An ART provider must—\n(a) tell a person mentioned in an item in table 24, column 2, about\nthe matters mentioned in the item, column 3, before providing\nan ART service mentioned in the item, column 4; and\n(b) confirm that the person understands the matters.\nTable 24\ncolumn 1\nitem\ncolumn 2\ncolumn 3\nmatters\ncolumn 4\n1 person seeking to undergo\nART treatment not using\ndonated gametes\nbasic matters ART treatment to the\n2 person seeking to undergo\nART treatment using\ndonated gametes\nextended matters ART treatment to the\n3 person proposing to\nprovide a gamete (other\nthan as a donated gamete)\nbasic matters obtaining the gamete from\nthe person\n4 person proposing to\nprovide a donated gamete\nextended matters obtaining the gamete from\nthe person\n5 a gamete provider from\nwhom the gamete was not\noriginally obtained as a\ndonated gamete\nextended matters using the gamete, or an\nembryo created from the\ngamete, in providing\nART treatment to a person\nother than the gamete\nprovider or the gamete\nprovider’s domestic partner\n\n(2) An ART provider commits an offence if—\n(a) it fails to comply with a requirement under subsection (1) to tell\na person about a matter or confirm that a person understands a\nmatter; and\n(b) the matter is not prescribed by regulation.\n(3) An ART provider commits an offence if—\n(a) it fails to comply with a requirement under subsection (1) to tell\na person about a matter or confirm that a person understands a\nmatter; and\n(b) the matter is prescribed by regulation under the definition of\nbasic matters, paragraph (c) or extended matters, paragraph (h).\nbasic matters means—\n(a) the availability of counselling services under section 23; and\n(b) the effect of a gamete provider’s consent under section 29,\nincluding how and when consent may be modified or withdrawn\nunder section 30; and\n(c) any other matter prescribed by regulation.\nextended matters means—\n(a) basic matters; and\n(b) the ART provider’s obligations in relation to collecting\ninformation about the person and their donor conceived\noffspring; and\n\n(c) the application of the Criminal Code, part 3.4 (False or\nmisleading statements, information and documents) to the\nperson, including in relation to information given to the\nART provider by the person; and\n(d) the existence of the donor register and the information to be kept\nin the register about the person and their donor conceived\noffspring; and\n(e) the person’s right to obtain information in the donor register\nabout themselves; and\n(f) the person’s right, and the right of their donor conceived\noffspring, to obtain information in the donor register about other\npeople; and\n(g) the right of other people to obtain information in the donor\nregister about the person and their donor conceived offspring;\nand\n(h) any other matter prescribed by regulation.\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Disclosure of personal health information by","content":"25 Disclosure of personal health information by\nART provider\n(1) An ART provider may disclose personal health information in\naccordance with this section if a doctor certifies that the disclosure is\nnecessary to—\n(a) prevent or reduce a serious and imminent risk to anyone’s life\nor physical, mental or emotional health; or\n(b) warn the person to whom the information is disclosed about the\nexistence of a medical condition that may be harmful to the\nperson or the person’s children (including future children).\n\n(2) The ART provider may disclose personal health information about a\ndonor to the following people:\n(a) a person born as a result of ART treatment using the donor’s\ndonated gamete if—\n(i) the person is at least 16 years old; or\n(ii) the ART provider is satisfied the person is sufficiently\nmature to access the information;\n(b) a parent of a child or young person born as a result of\nART treatment using the donor’s donated gamete;\n(c) a person who is pregnant as a result of ART treatment using the\ndonor’s donated gamete.\n(3) The ART provider may disclose personal health information about a\ndonor conceived person to their donor or donor sibling.\n(4) The disclosure—\n(a) must be made by a doctor on the ART provider’s behalf; and\n(b) may also be made to a doctor treating the person to whom it is\nmade.\n(5) Nothing in this section requires an ART provider to disclose\ninformation to any person.\n(6) In this section:\npersonal health information—see the Health Records (Privacy and\nAccess) Act 1997, dictionary.\n\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Provision of ART treatment to child or young person","content":"26 Provision of ART treatment to child or young person\n(a) provides ART treatment to a child or young person; or\n(b) obtains a gamete from a child or young person for use in\nART treatment or for research in relation to ART treatment.\n(2) Subsection (1) does not apply to an ART provider that obtains a\ngamete from a child or young person if—\n(a) a doctor has certified there is a reasonable risk of the child or\nyoung person becoming infertile before becoming an adult; and\n(b) the ART provider obtains the gamete for the purpose of storing\nit for the child or young person’s future benefit.\n(3) An ART provider that has obtained a gamete from a child or young\nperson in accordance with subsection (2) must—\n(a) despite anything else in this Act, store the gamete until the\nperson becomes an adult and provides instructions in relation to\nthe gamete; and\n(b) when the person becomes an adult, take reasonable steps to\nobtain the person’s consent to storage of the gamete unless the\nperson gives consent sooner.\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Infection control standards","content":"27 Infection control standards\n(1) A regulation may prescribe requirements for controlling infection in\nthe provision of ART services (infection control standards).\n(2) An ART provider must comply with infection control standards.\n\nConsent of gamete providers Division 4.2\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Requirement to obtain consent of gamete provider","content":"28 Requirement to obtain consent of gamete provider\nA gamete may be used in the provision of ART treatment only in\naccordance with the consent of the gamete provider or a court order\nunder section 37 (Authorisation of posthumous use).\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Form and content of consent","content":"29 Form and content of consent\n(1) A gamete provider’s consent to the use of their gametes must be in\nwriting and state—\n(a) the number of families in relation to which the gametes may be\nused in the provision of ART treatment; and\n(b) the kinds of ART treatment for which the gametes may be used;\nand\n(c) the period for which the gametes may be stored.\n(2) A gamete provider must give their consent to the ART provider\nobtaining or proposing to obtain their gamete.\n(3) A gamete provider’s consent must not limit use of a gamete in the\nprovision of ART treatment to a person because of any protected\nattribute of the person.\nA gamete provider must not state that their gamete may be used only in the\nprovision of ART treatment to a married person as relationship status is a protected\nattribute.\n(4) A regulation may prescribe other requirements in relation to consent\nof gamete providers.\n(5) In this section:\nfamily—see section 40 (3).\nprotected attribute—see the Discrimination Act 1991, section 7.\n\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Modification or withdrawal of consent","content":"30 Modification or withdrawal of consent\n(1) A gamete provider’s consent may be modified or withdrawn at any\ntime until—\n(a) for a donated gamete—the gamete is placed in a person’s body\nor an embryo is created from the gamete; or\n(b) for a gamete used to create a donated embryo—the embryo is\nimplanted in a person’s body; or\n(c) in any other case—the gamete, or an embryo created from the\ngamete, is placed or implanted in a person’s body.\n(2) A gamete provider may modify or withdraw consent by written notice\ngiven to an ART provider that is, or has been, in possession of the\ngamete or embryo to which the consent relates.\n(3) If an ART provider receives notice of modification or withdrawal of\nconsent in relation to a gamete or embryo it has supplied to another\nART provider, it must give the other ART provider written notice of\nthe modification or withdrawal as soon as practicable.\n(4) Modification or withdrawal of consent takes effect in relation to an\nART provider as soon as the ART provider is given written notice of\nthe modification or withdrawal in accordance with this section.\n(5) A regulation may prescribe other requirements in relation to\nmodification or withdrawal of consent.\n(6) In this section:\ndonated gamete does not include a gamete that becomes a donated\ngamete only after being used to create an embryo.\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Requirement to verify identity of gamete provider","content":"31 Requirement to verify identity of gamete provider\n(1) A regulation may prescribe the steps an ART provider must take to\nverify the identity of a person purportedly giving, modifying or\nwithdrawing consent as a gamete provider.\n\nConsent of gamete providers Division 4.2\n(2) An ART provider commits an offence if it—\n(a) receives a document under section 29 or section 30 purporting\nto give, modify or withdraw a person’s consent as a gamete\nprovider; and\n(b) fails to take the steps prescribed by regulation to verify the\nperson’s identity.\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Requirement to confirm consent in certain cases","content":"32 Requirement to confirm consent in certain cases\n(a) it carries out any of the following activities in relation to a\ngamete or embryo (other than a donated gamete or donated\nembryo):\n(i) using the gamete to create an embryo outside a person’s\nbody;\n(ii) providing ART treatment to a person using the gamete or\nembryo;\n(iii) supplying the gamete or embryo to another person\n(including an ART provider);\n(iv) exporting the gamete or embryo, or causing the gamete or\nembryo to be exported, from the ACT; and\n(b) the activity is carried out more than 12 months after the latest of\nthe following:\n(i) the gamete provider giving consent to the activity;\n(ii) the ART provider confirming the gamete provider’s\nconsent to the activity.\n\n(2) Subsection (1) does not apply to an ART provider if it knows or\nbelieves on reasonable grounds that the gamete provider is deceased.\nNote 1 The defendant has an evidential burden in relation to the matters\nNote 2 It is an offence to use a gamete or embryo of a deceased gamete provider\nwithout authorisation (see s 36).\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Use of gamete to create embryo outside body","content":"33 Use of gamete to create embryo outside body\n(a) it uses a gamete to create an embryo outside a person’s body;\nand\n(b) the gamete is used without the gamete provider’s consent, or in\na way that is inconsistent with the gamete provider’s consent.\n(2) Subsection (1) does not apply if the ART provider uses the gamete in\naccordance with a court order under section 37 (Authorisation of\nposthumous use).\nNote 1 The defendant has an evidential burden in relation to the matters\nNote 2 It is an offence to intentionally develop a human embryo outside the body\nof a person for a period of more than 14 days, excluding any period when\ndevelopment is suspended (see Human Cloning and Embryo Research\nAct 2004, s 12).\n\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Use of gametes or embryos in ART treatment","content":"34 Use of gametes or embryos in ART treatment\n(a) it provides ART treatment to a person using a gamete; and\n(b) the gamete is used without the gamete provider’s consent, or in\na way that is inconsistent with the gamete provider’s consent.\n(2) Subsection (1) does not apply if the ART provider uses the gamete in\naccordance with a court order under section 37 (Authorisation of\nposthumous use).\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Use of gametes or embryos for research","content":"35 Use of gametes or embryos for research\nAn ART provider commits an offence if—\n(a) it uses a gamete or embryo for research; and\n(b) the gamete or embryo is used without the gamete provider’s\nconsent, or in a way that is inconsistent with the gamete\nprovider’s consent.\nNote See also the Research Involving Human Embryos Act 2002 (Cwlth)\nwhich regulates research in relation to embryos.\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Posthumous use of gametes or embryos","content":"36 Posthumous use of gametes or embryos\n(a) provides ART treatment to a person using a gamete; and\n(b) knows or reasonably ought to have known that the gamete\nprovider is deceased.\n\n(2) Subsection (1) does not apply if—\n(a) the gamete provider had consented to the use of the gamete in\nthe circumstances and the person undergoing the treatment has,\nhaving been notified of the gamete provider’s death and date of\ndeath (if known), consented to the treatment in writing; or\n(b) the ART provider provides the treatment to the gamete\nprovider’s domestic partner in accordance with a court order\nunder section 37.\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Authorisation of posthumous use","content":"37 Authorisation of posthumous use\n(1) The domestic partner of a deceased gamete provider may apply to the\nSupreme Court for an order to authorise the following in relation to\nthe gamete provider’s gametes:\n(a) use of the gametes in the provision of ART treatment to the\npartner;\n(b) storage of the gametes for the authorised use.\n(2) In deciding whether to authorise the use or storage of a deceased\ngamete provider’s gametes, the court must consider the following:\n(a) whether the domestic partner has capacity to consent to the\nprovision of the treatment;\n(b) whether the domestic partner has undergone appropriate\ncounselling;\n(c) the best interests of any children to be born as a result of the\ntreatment, including—\n(i) whether the domestic partner has capacity to provide for\nthe child’s emotional, intellectual and other needs; and\n(ii) whether the child is likely to have safe and stable living\narrangements;\n\n(d) whether the gamete provider expressly objected to posthumous\nuse of their gametes;\n(e) whether the gamete provider is likely to have supported\nposthumous use of their gametes in the provision of\nART treatment to their domestic partner;\n(f) any other matter the court considers appropriate.\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Use of gametes obtained more than 5 years ago","content":"38 Use of gametes obtained more than 5 years ago\n(a) it provides ART treatment using a gamete; and\n(b) the gamete was obtained from a gamete provider more than\n5 years before the provision of the ART treatment; and\n(c) it fails to take reasonable steps to find out whether the gamete\nprovider is alive.\n(2) Subsection (1) does not apply to an ART provider if—\n(a) it, or another ART provider that supplied the gamete or embryo,\nhas been contacted by the gamete provider within 5 years before\nthe provision of the treatment; or\n(b) it knows or believes on reasonable grounds that the gamete\nprovider is deceased.\n(3) The registrar-general must not refuse an application made under the\nBirths, Deaths and Marriages Registration Act 1997, section 43\n(Search of register) if the application is—\n(a) made for the purposes of this section in a suitable form; and\n(b) accompanied by any fee determined under that Act.\n\nreasonable steps include—\n(a) obtaining a certificate under the Births, Deaths and Marriages\nRegistration Act 1997, section 45 (Issue of certificates) about\nwhether the gamete provider’s death has been recorded in the\nregister; and\n(b) completing any other inquiries prescribed by regulation for\nfinding out whether the gamete provider is alive.\nregister means the register maintained under the Births, Deaths and\nMarriages Registration Act 1997, section 39.\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Donated gametes or embryos—time limits on use","content":"39 Donated gametes or embryos—time limits on use\n(a) it provides ART treatment—\n(i) using a donated gamete that was obtained more than\n15 years before the treatment is provided; or\n(ii) using an embryo created from a donated gamete, or a\ndonated embryo, that was created more than 15 years\nbefore the treatment is provided; and\n(b) the treatment is provided without the written authorisation of the\ndirector-general.\n(2) The director-general may authorise ART treatment for subsection (1)\n(b) only if satisfied there are reasonable grounds for doing so.\n(3) The director-general may make guidelines in relation to the giving of\nan authorisation under subsection (2).\n(4) A guideline is a notifiable instrument.\n\n(5) For this section, a gamete used in the provision of ART treatment\ndoes not include an embryo created from the gamete.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Donated gametes or embryos—limits on number of","content":"40 Donated gametes or embryos—limits on number of\nfamilies\n(a) it provides ART treatment using a donated gamete; and\n(b) the donor has donated gametes used in ART treatment\npreviously; and\n(c) if a child were to be born as a result of the ART treatment\nmentioned in paragraph (a), there would be more than—\n(i) 5 families that include a child born as a result of ART\ntreatment provided in the ACT using a donated gamete or\nembryo of the donor; or\n(ii) 10 families that include a child born as a result of ART\ntreatment provided in Australia using a donated gamete or\nembryo of the donor.\n(2) It is a defence to a prosecution for an offence against subsection (1)\nif the ART provider proves that it exercised due diligence to prevent\nthe contravention, which must include—\n(a) searching its records; and\n(b) making reasonable inquiries of the donor; and\n(c) if it has reason to believe another ART provider (including an\ninterstate ART provider) has obtained or been supplied with a\ngamete or embryo of the donor—requesting information from\nthe other ART provider under section 41.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (2) (see Criminal Code, s 59).\n\nfamily means a parent, their domestic partner (if any) and their\nchildren.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Requirement to give information about number of","content":"41 Requirement to give information about number of\nfamilies\n(1) If a registered ART provider requests information in relation to a\ndonor from another ART provider under section 40 (2) (c), the other\nART provider must give the registered ART provider—\n(a) the number of families to which 1 or more of the following\napplies:\n(i) the family includes a child born as a result of\nART treatment provided by the other ART provider using\na donated gamete or embryo of the donor;\n(ii) the family includes a person who is pregnant as a result of\nART treatment provided by the other ART provider using\na donated gamete or embryo of the donor;\n(iii) the family includes a person for whom an embryo has been\ncreated by the other ART provider using a donated gamete\nof the donor and placed in storage; and\n(b) the number of people who are not parents and to whom 1 or both\nof the following apply:\n(i) the person is pregnant as a result of ART treatment\nprovided by the other ART provider using a donated\ngamete or embryo of the donor;\n(ii) an embryo has been created by the other ART provider\nusing a donated gamete of the donor and placed in storage\nfor the person; and\n\n(c) details of any other ART providers that have been supplied with\na donated gamete, or an embryo created from a donated gamete,\nof the donor; and\n(d) any other information prescribed by regulation.\n(2) An ART provider commits an offence if it—\n(a) receives a request for information from a registered\nART provider under section 40 (2) (c); and\n(b) fails to give the information required under subsection (1).\nfamily—see section 40 (3).\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Use of gametes to create embryo with close family","content":"42 Use of gametes to create embryo with close family\nmember\n(a) uses a gamete to create an embryo (whether inside or outside the\nbody of a person); and\n(b) knows that the gamete provider is a close family member of the\nother person whose gamete is used to create the embryo.\n(2) In this section:\nclose family member, of a person, means a parent, child, sibling\n(including a half-sibling), grandparent or grandchild of the person\nfrom birth.\n\nDivision 4.4 Storage and transfer of gametes and embryos\nDivision 4.4 Storage and transfer of gametes and\nembryos\n43 Storage of gametes or embryos\n(a) it stores a gamete or embryo; and\n(b) the gamete or embryo is stored—\n(i) without the gamete provider’s consent; or\n(ii) in a way that is inconsistent with the gamete provider’s\nconsent.\n(2) An ART provider commits an offence if—\n(a) it stores a gamete or embryo; and\n(b) the gamete or embryo is stored for longer than the shortest of the\nfollowing periods:\n(i) a storage period the ART provider has proposed by written\nnotice to the gamete provider (whether before or after the\ngamete was obtained);\n(ii) the storage period stated in the gamete provider’s consent\nor, for an embryo, the shortest storage period stated in the\ngamete providers’ consents;\n(iii) for a donated gamete—15 years after the day the gamete\nwas obtained from the donor plus any additional period\nauthorised by the director-general under section 39 (2);\n\nStorage and transfer of gametes and embryos Division 4.4\n(iv) for an embryo created from a donated gamete, or a donated\nembryo—15 years after the day the embryo was created\nplus any additional period authorised by the\ndirector-general under section 39 (2).\n(3) Subsection (1) and (2) do not apply to an ART provider if—\n(a) it is required to store the gamete under section 26 (Provision of\nART treatment to child or young person); or\n(b) it has a reasonable excuse for contravening a storage\nrequirement under subsection (1) or (2); or\n(c) a gamete provider is deceased and the ART provider stores their\ngamete or embryo for the purpose of its authorised use\n(including use authorised by a court order under section 37) or\nto allow a person to apply for a court order under section 37.\n","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Supply of gametes or embryos to another person","content":"44 Supply of gametes or embryos to another person\n(a) it supplies a gamete or an embryo to another person (including\nanother ART provider); and\n(b) the gamete or embryo is supplied without the gamete provider’s\nconsent, or in a way that is inconsistent with the gamete\nprovider’s consent.\n\n(2) Subsection (1) does not apply if the gamete provider is deceased and\nthe ART provider supplies the gamete or embryo for the purpose of\nits authorised use (including use authorised by a court order under\nsection 37).\n","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Export of gametes or embryos from ACT","content":"45 Export of gametes or embryos from ACT\n(a) it exports a gamete or embryo, or causes a gamete or embryo to\nbe exported, from the ACT; and\n(b) the gamete or embryo is exported or caused to be exported\nwithout the gamete provider’s consent, or in a way that is\ninconsistent with the gamete provider’s consent.\n(2) Subsection (1) does not apply if the gamete provider is deceased and\nthe ART provider exports the gamete or embryo for the purpose of its\nauthorised use (including use authorised by a court order under\nsection 37).\n","sortOrder":42},{"sectionNumber":"46","sectionType":"section","heading":"Requirement to collect information about gamete","content":"46 Requirement to collect information about gamete\nprovider\n(1) An ART provider must collect the following information before\nobtaining a gamete, whether from the gamete provider or anyone else:\n(a) for all gametes—\n(i) the gamete provider’s full name; and\n(ii) the gamete provider’s home address; and\n\nRecord keeping requirements Division 4.5\n(iii) the gamete provider’s date of birth;\n(b) for donated gametes—\n(i) the donor’s place of birth; and\n(ii) the donor’s ethnicity and physical characteristics; and\n(iii) the donor’s relevant medical history; and\n(iv) the sex and year of birth of each donor conceived offspring\nof the donor; and\n(v) the name of each ART provider that has previously\nobtained a donated gamete from the donor and the date on\nwhich the gamete was obtained.\n(2) An ART provider must collect the information mentioned in\nsubsection (1) in relation to a gamete before using the gamete, or an\nembryo created from the gamete, for any purpose.\n(3) An ART provider commits an offence if it fails to comply with this\n","sortOrder":43},{"sectionNumber":"47","sectionType":"section","heading":"Requirement to collect information about person","content":"47 Requirement to collect information about person\nundergoing ART treatment\n(1) An ART provider must collect a person’s full name, home address\nand date of birth before using a gamete in the provision of\nART treatment to the person.\n(2) An ART provider commits an offence if it fails to comply with\nsubsection (1).\n\n(3) If a donated gamete is used in the provision of ART treatment to a\nperson, an ART provider must take reasonable steps to find out—\n(a) within 1 to 4 months after providing the treatment—whether the\nperson is pregnant as a result of the treatment; and\n(b) within 10 to 15 months after providing the treatment—whether\na child was born as a result of the treatment, and if so, the child’s\nfull name, sex and date of birth.\n(4) An ART provider commits an offence if it fails to comply with\nsubsection (3).\n(5) Subsection (4) does not apply to an ART provider that fails to comply\nwith subsection (3) (b) if—\n(a) within 10 months after providing the treatment, the person who\nunderwent the treatment tells the ART provider that a child was\nborn as a result of the treatment, and the child’s full name, sex\nand date of birth; or\n(b) it knows that no child was born as a result of the treatment.\nmentioned in s (5) (see Criminal Code, s 58).\n(6) An offence against subsection (2) is a strict liability offence.\n","sortOrder":44},{"sectionNumber":"48","sectionType":"section","heading":"Requirement to keep records","content":"48 Requirement to keep records\n(1) An ART provider must keep a record of the following:\n(a) in relation to each gamete or embryo in its possession—\n(i) information collected under section 46 (1); and\n(ii) information about each other ART provider that has had\npossession of the gamete or embryo (including the gametes\nused to create the embryo); and\n(iii) each gamete provider’s consent; and\n\nRecord keeping requirements Division 4.5\n(iv) any use, supply or export of the gamete or embryo; and\n(v) the period during which the gamete or embryo has been in\nstorage;\n(b) in relation to each person to whom it provides ART treatment—\n(i) information collected under section 47 (1); and\n(ii) if a donated gamete was used in the provision of the\ntreatment—information collected under section 47 (3) (a);\n(c) in relation to each child it knows was born as a result of\nART treatment it provided—\n(i) the child’s full name, sex and date of birth; and\n(ii) the full name of the person who gave birth to the child; and\n(iii) if a donated gamete was used in the provision of the\ntreatment—the donor’s full name and date and place of\nbirth;\n(d) if it does not know whether a child was born, or knows a child\nwas not born, as a result of ART treatment it provided at least\n15 months earlier—information to that effect;\n(e) any other information prescribed by regulation.\n(2) An ART provider commits an offence if it fails to comply with\nsubsection (1).\n(3) An ART provider must keep a record mentioned in subsection (1) for\n50 years.\n\n","sortOrder":45},{"sectionNumber":"49","sectionType":"section","heading":"Information sharing between ART providers","content":"49 Information sharing between ART providers\nAn ART provider that supplies a gamete or embryo to another\n(a) must give the other ART provider a copy of the gamete\nprovider’s consent in relation to the gamete or embryo; and\n(b) may give the other ART provider a copy of any other\ninformation required to be collected under this Act in relation to\nthe gamete or embryo.\n\nPreliminary Division 5.1\n","sortOrder":46},{"sectionNumber":"50","sectionType":"section","heading":"Definitions—pt 5","content":"50 Definitions—pt 5\nassessed by a counsellor, in relation to a donor conceived person—\nsee section 51 (2).\ncommencement day means 28 March 2025.\ndonor, in relation to a donor conceived person, includes the gamete\nprovider of a donated gamete used in self-insemination resulting in\nthe person’s birth.\ndonor code means a reference number used by an ART provider to\nidentify a donor.\ndonor conceived, in relation to a person, includes a person born as a\nresult of self-insemination using a donated gamete.\ndonor sibling, in relation to a donor conceived person, includes the\nperson’s sibling born as a result of self-insemination using a gamete\ndonated by the person’s donor.\ninformal donor arrangement means—\n(a) ART treatment using a donated gamete if the treatment is not\nprovided for fee or reward, or in carrying on a business; or\n(b) self-insemination using a donated gamete.\nmature donor conceived person—see section 51 (1).\n\n","sortOrder":47},{"sectionNumber":"51","sectionType":"section","heading":"Meaning of mature donor conceived person etc—pt 5","content":"51 Meaning of mature donor conceived person etc—pt 5\n(1) In this part:\nmature donor conceived person means a donor conceived person\nwho—\n(a) is at least 16 years old; or\n(b) has been assessed by a counsellor.\n(2) For this part, a donor conceived person has been assessed by a\ncounsellor if—\n(a) the person has received appropriate counselling services from a\nsuitably qualified and experienced counsellor; and\n(b) the counsellor is satisfied the person is able to—\n(i) understand and comply with the donor’s contact\npreferences under section 58; and\n(ii) understand that the donor has no parental rights or\nresponsibilities (including financial rights and\nresponsibilities) in relation to the donor conceived person.\n(3) A regulation may prescribe a qualification a person must hold to be a\nsuitably qualified and experienced counsellor for subsection (2).\n","sortOrder":48},{"sectionNumber":"52","sectionType":"section","heading":"Donor register","content":"52 Donor register\n(1) The director-general must keep a donor register.\n(2) The register may be kept in any form the director-general decides.\n(3) The director-general may correct any mistake, error or omission in\nthe register.\n\n","sortOrder":49},{"sectionNumber":"53","sectionType":"section","heading":"Mandatory information","content":"53 Mandatory information\n(1) This section applies to an ART provider that provides ART treatment\nusing a donated gamete.\n(2) The ART provider must, within 2 months after becoming aware that\na child has been born alive as a result of the treatment, give the\ndirector-general—\n(a) the following information about the donor kept by the ART\nprovider under section 48:\n(i) their full name;\n(ii) their home address;\n(iii) their date and place of birth;\n(iv) their ethnicity and physical characteristics;\n(v) their relevant medical history;\n(vi) the sex and year of birth of each of their donor conceived\noffspring;\n(vii) the name of each ART provider that has previously\nobtained a donated gamete from the donor and the date on\nwhich the gamete was obtained;\n(viii) their consent; and\n(b) the full name, sex and date of birth of the child; and\n(c) the full name of the person who gave birth to the child.\n(3) If the ART provider does not know whether a child was born alive as\na result of the treatment, it must, within 15 to 16 months after\nproviding the treatment—\n(a) tell the director-general it does not know whether a child was\nborn alive as a result of the treatment; and\n\n(b) give the director-general—\n(i) information about the donor mentioned in\nsubsection (2) (a); and\n(ii) the full name of the person who underwent the treatment.\n(4) An ART provider commits an offence if it fails to comply with this\n(5) The director-general must enter in the donor register any information\n","sortOrder":50},{"sectionNumber":"54","sectionType":"section","heading":"Voluntary information about donors","content":"54 Voluntary information about donors\n(1) This section applies to—\n(a) a donor who donated a gamete before the commencement day;\nor\n(b) a donor who donated a gamete for use in an informal donor\narrangement; or\n(c) an ART provider acting on behalf of a donor mentioned in\nparagraph (a) or (b) with the donor’s consent.\n(2) The donor or ART provider may, by written notice, give the\ndirector-general any of the following information about the donor for\ninclusion in the donor register:\n(b) their home address;\n(c) their date and place of birth;\n(d) their donor code;\n(e) their relevant medical history;\n\n(f) the sex and year of birth of each of their donor conceived\noffspring;\n(g) the name of each ART provider that has obtained a donated\ngamete from the donor and the date on which the gamete was\nobtained.\n(3) The notice may state restrictions on the disclosure of the information.\n(4) The director-general may require that the notice be accompanied by\nevidence—\n(a) that the information contained in the notice is accurate; and\n(b) if the information is given on a donor’s behalf—that the donor\nhas consented to the information being given.\n(5) The director-general may enter in the donor register any information\n","sortOrder":51},{"sectionNumber":"55","sectionType":"section","heading":"Voluntary information about donor conceived people","content":"55 Voluntary information about donor conceived people\n(1) A mature donor conceived person may, by written notice, give the\ndirector-general any of the following information for inclusion in the\ndonor register:\n(b) their sex;\n(c) their home address;\n(d) their date and place of birth;\n(e) their donor’s donor code;\n(f) the full name of the person who gave birth to them.\n(2) A parent of a donor conceived child or young person may, by written\nnotice, give the director-general any of the following information\nabout the child or young person for inclusion in the donor register:\n\n(b) their sex;\n(c) their date of birth;\n(d) their donor’s donor code;\n(e) the full name of the person who gave birth to the child or young\nperson.\n(3) The notice may state restrictions on the disclosure of the information.\n(4) The director-general may—\n(a) require that the notice be accompanied by evidence that the\ninformation contained in the notice is accurate; and\n(b) enter in the donor register any information given to the\ndirector-general under this section.\n","sortOrder":52},{"sectionNumber":"56","sectionType":"section","heading":"Voluntary information about informal donor","content":"56 Voluntary information about informal donor\narrangements\n(1) A parent of a donor conceived person born as a result of an informal\ndonor arrangement may, by written notice, give the director-general\nany of the following information for inclusion in the donor register:\n(a) the parent’s full name;\n(b) the donor conceived person’s full name, sex and date of birth;\n(c) if the donor consents in writing—the donor’s full name and date\nof birth;\n(d) whether the donor conceived person was born as a result of\nART treatment or self-insemination.\n(2) The notice may state restrictions on the disclosure of the information.\n(3) The director-general may require that the notice be accompanied by\nevidence—\n(a) that the information contained in the notice is accurate; and\n\n(b) if the information is given on a donor’s behalf—that the donor\nhas consented to the information being given.\n(4) The director-general may enter in the donor register any information\n","sortOrder":53},{"sectionNumber":"57","sectionType":"section","heading":"Voluntary information about personal characteristics","content":"57 Voluntary information about personal characteristics\n(1) A donor or mature donor conceived person may, by written notice,\ngive the director-general information about their personal\ncharacteristics for inclusion in the donor register.\n(2) The notice may state restrictions on the disclosure of the information.\n(3) The director-general may enter in the donor register any information\n","sortOrder":54},{"sectionNumber":"58","sectionType":"section","heading":"Voluntary information about contact preferences","content":"58 Voluntary information about contact preferences\n(1) A donor or mature donor conceived person may, by written notice,\ngive the director-general the following information for inclusion in\n(a) their contact details and preferred way to be contacted about\nmatters in relation to the donor register; or\n(b) that they do not wish to be contacted about matters in relation to\nthe donor register.\n(2) The director-general must enter in the donor register any information\n","sortOrder":55},{"sectionNumber":"59","sectionType":"section","heading":"Information entered on director-general’s own initiative","content":"59 Information entered on director-general’s own initiative\n(1) The director-general may, on their own initiative, enter the following\ninformation in the donor register:\n(a) mandatory information given by an ART provider other than in\naccordance with section 53;\n\n(b) mandatory information given to the director-general under\nsection 61 (Direction to give information about donor conceived\nperson);\n(c) mandatory information given to the director-general under\nsection 62 (Information sharing between director-general and\nregistrar-general).\n(2) Also, the director-general may, on their own initiative, enter\ninformation in the donor register if—\n(a) the director-general is satisfied on reasonable grounds the\ninformation is about—\n(i) a donor conceived person born as a result of\nART treatment provided on or after the commencement\nday; or\n(ii) a donor of a person mentioned in paragraph (i); and\n(b) the information is mandatory information given—\n(i) other than in accordance with section 53; and\n(ii) by the subject of the information or, if the subject is a donor\nconceived child or young person, by their parent.\n(3) The director-general must include the source of the information when\nentering the information in the donor register.\nNote This section does not allow the director-general to include in the donor\nregister information provided unlawfully.\n\nMeasures to ensure accuracy of information Division 5.3\n","sortOrder":56},{"sectionNumber":"Div 5","sectionType":"division","heading":"3 Measures to ensure accuracy of","content":"Division 5.3 Measures to ensure accuracy of\ninformation\n","sortOrder":57},{"sectionNumber":"60","sectionType":"section","heading":"Requirement to ensure accuracy","content":"60 Requirement to ensure accuracy\n(1) The director-general must ensure, as far as is practicable, that\ninformation in the donor register is accurate and not misleading.\n(2) For subsection (1), the director-general may do any of the following:\n(a) refuse to enter information;\n(b) revise or remove information;\n(c) retain historical information;\na person’s former name\n(d) add any notes the director-general considers appropriate;\n(e) ask an ART provider to give information to verify information\ngiven voluntarily by a person under division 5.2.\n(3) A person may ask the director-general to revise incorrect or outdated\ninformation about the person in the donor register.\n(4) The director-general must remove information given voluntarily by a\nperson under division 5.2 if—\n(a) the person asks the director-general to remove the information;\nand\n(b) the director-general is satisfied the information is not required\nto be on the donor register.\n\nDivision 5.3 Measures to ensure accuracy of information\n","sortOrder":58},{"sectionNumber":"61","sectionType":"section","heading":"Direction to give information about donor conceived","content":"61 Direction to give information about donor conceived\n(1) This section applies if the director-general believes on reasonable\ngrounds that a health service provider has mandatory information—\n(a) in relation to a donor conceived person born as a result of\nART treatment provided on or after the commencement day;\nand\n(b) that has not been provided in accordance with section 53.\n(2) The director-general may give the health service provider a written\ndirection requiring the provider to answer stated questions, or give\nstated information to—\n(a) determine whether a donor conceived person was born alive as\na result of ART treatment provided on or after the\ncommencement day; or\n(b) determine whether any mandatory information in relation to the\ndonor conceived person has been correctly entered in the donor\nregister; or\n(c) obtain any mandatory information in relation to the donor\nconceived person.\n(3) The direction may include requirements about how the answers or\ninformation must be given.\n(4) The health service provider commits an offence if the provider\ncontravenes the direction.\n(5) The health service provider is not excused from complying with a\ndirection on the ground that doing so may—\n(a) tend to incriminate the provider; or\n(b) expose the provider to a penalty.\n\n(6) However, any information or document obtained, directly or\nindirectly, because of the health service provider’s compliance with\nthe direction is not admissible in evidence against the provider in a\ncivil or criminal proceeding, other than a proceeding for an offence\narising out of the false or misleading nature of the information or\ndocument.\n(7) In this section:\nhealth service provider—see the Health Act 1993, section 7.\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Information sharing between director-general and","content":"62 Information sharing between director-general and\nregistrar-general\n(1) The director-general and the registrar-general may share information\nin relation to the following to assist the director-general to meet the\nrequirements of section 60:\n(a) a donor conceived person;\n(b) a donor;\n(c) a person who gave birth to a donor conceived person;\n(d) a domestic partner of a person mentioned in paragraph (c).\n(2) Subsection (1) has effect despite anything elsewhere in this Act or\nanother territory law.\nDivision 5.4 Disclosure of information in donor\nregister\n","sortOrder":60},{"sectionNumber":"63","sectionType":"section","heading":"Disclosure of information in donor register generally","content":"63 Disclosure of information in donor register generally\n(1) The director-general may disclose information kept in the donor\nregister only in accordance with this part.\n(2) For disclosure of information under this part, the director-general is\nentitled to assume that information given to the director-general and\nkept in the donor register is accurate.\n\n(3) Nothing in this section limits section 60 (Requirement to ensure\naccuracy).\n","sortOrder":61},{"sectionNumber":"64","sectionType":"section","heading":"Disclosure to subject of information","content":"64 Disclosure to subject of information\n(1) The director-general must, on application by any of the following\npeople, give the person a copy of any information about the person\nkept in the donor register:\n(a) a donor;\n(b) a mature donor conceived person;\n(c) a person who has undergone ART treatment or self-insemination\nusing a donated gamete.\n(2) The director-general must, on application by a parent of a donor\nconceived child or young person, give the parent a copy of any\ninformation about the child or young person kept in the donor register.\n(3) This section does not authorise disclosure of information about—\n(a) anyone other than the applicant, or for an application under\nsubsection (2), anyone other than the child or young person; or\n(b) the applicant’s relationship with other people, or for an\napplication under subsection (2), the child or young person’s\nrelationship with other people, unless the information was\noriginally provided by the applicant.\n","sortOrder":62},{"sectionNumber":"65","sectionType":"section","heading":"Disclosure to donor","content":"65 Disclosure to donor\nThe director-general must, on application by a donor, give the donor\na copy of the following information kept in the donor register in\nrelation to a person born as a result of ART treatment or\nself-insemination using the donor’s donated gamete:\n(a) the person’s sex and year of birth;\n(b) information the person gave voluntarily under division 5.2,\nsubject to any restrictions on disclosure stated by the person.\n\n","sortOrder":63},{"sectionNumber":"66","sectionType":"section","heading":"Disclosure to donor conceived person—adult or","content":"66 Disclosure to donor conceived person—adult or\nassessed by counsellor\n(1) This section applies to a donor conceived person who—\n(a) is an adult; or\n(b) has been assessed by a counsellor.\n(2) The director-general must, on application by the donor conceived\nperson, give the person a copy of the following information kept in\n(a) mandatory information about the person’s donor given to the\ndirector-general under section 53;\n(b) information the person’s donor gave voluntarily under\nthe donor;\n(c) information the person’s donor sibling gave voluntarily under\nthe sibling;\n(d) the sex and year of birth of the person’s donor siblings.\n","sortOrder":64},{"sectionNumber":"66A","sectionType":"section","heading":"Disclosure to donor conceived person—16 or 17 years","content":"66A Disclosure to donor conceived person—16 or 17 years\nold and not assessed by counsellor\n(1) This section applies to a donor conceived person who—\n(a) is at least 16 years old but under 18 years old; and\n(b) has not been assessed by a counsellor.\n\n(2) The director-general must, on application by the donor conceived\nperson, give the person a copy of the following information kept in\n(a) the following mandatory information about the person’s donor\ngiven to the director-general under section 53:\n(i) the donor’s year of birth;\n(ii) the donor’s country of birth;\n(iii) the donor’s ethnicity and physical characteristics;\n(iv) the donor’s relevant medical history;\n(v) the donor’s country of residence;\n(b) if the person’s donor consents in writing—the following\nmandatory information about the donor given to the\ndirector-general under section 53:\n(i) the donor’s full name;\n(ii) the donor’s date and place of birth;\n(iii) the donor’s home address;\n(c) information the person’s donor gave voluntarily under\nthe donor;\n(d) information the person’s donor sibling gave voluntarily under\nthe sibling;\n(e) the sex and year of birth of the person’s donor siblings.\n\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Disclosure to parent of donor conceived child or young","content":"67 Disclosure to parent of donor conceived child or young\n(1) The director-general must, on application by a parent of a donor\nconceived child or young person, give the parent a copy of the\nfollowing information kept in the donor register:\n(a) the following mandatory information about the child or young\nperson’s donor given to the director-general under section 53:\n(i) the donor’s year of birth;\n(ii) the donor’s country of birth;\n(iii) the donor’s ethnicity and physical characteristics;\n(iv) the donor’s relevant medical history;\n(v) the donor’s country of residence;\n(b) if the child or young person’s donor consents in writing—\nthe following mandatory information about the donor given to\nthe director-general under section 53:\n(i) the donor’s full name;\n(ii) the donor’s date and place of birth;\n(iii) the donor’s home address;\n(c) information the child or young person’s donor gave voluntarily\nunder division 5.2, subject to any restrictions on disclosure\nstated by the donor;\n(d) information the child or young person’s donor sibling gave\nvoluntarily under division 5.2, subject to any restrictions on\ndisclosure stated by the sibling;\n(e) the sex and year of birth of the donor siblings.\n\n(2) However, the director-general must not give the parent mandatory\ninformation about the child or young person’s donor if—\n(a) the child or young person was born as a result of ART treatment\nor self-insemination using a gamete donated before the\ncommencement day; and\n(b) the donor has not—\n(i) given the mandatory information voluntarily under\ndivision 5.2; or\n(ii) consented in writing to the disclosure.\n(3) The director-general must, on application by a suitable person, give\nthe person a copy of the information that may be given to a parent\nunder this section if—\n(a) the parent is unwilling or unable to seek the information on the\nchild or young person’s behalf; and\n(b) the information cannot reasonably be obtained by the person in\nany other way.\nsuitable person, in relation to a child or young person, means a person\nthe director-general considers is a representative of the child or young\nperson with a genuine interest in their welfare.\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Disclosure of information on director-general’s initiative","content":"68 Disclosure of information on director-general’s initiative\n(1) The director-general may, on their own initiative, disclose\ninformation kept in the donor register that has been entered or revised\nunder section 59 or section 60 to a person who would otherwise be\nentitled to be given the information under this part.\n\n(2) The director-general may, on their own initiative, disclose personal\nhealth information kept in the donor register—\n(a) only if the director-general believes on reasonable grounds that\nthe disclosure is necessary to—\n(i) prevent or reduce a serious and imminent risk to anyone’s\nlife or physical, mental or emotional health; or\n(ii) warn the person to whom the information is disclosed\nabout the existence of a medical condition that may be\nharmful to the person or the person’s children (including\nfuture children); and\n(b) to the following people:\n(i) a mature donor conceived person if the information is\nabout their donor;\n(ii) a parent of a donor conceived child or young person if the\ninformation is about the child or young person’s donor;\n(iii) a person who is pregnant as a result of ART treatment or\nself-insemination using a donor’s donated gamete if the\ninformation is about the donor;\n(iv) a donor if the information is about a person born as a result\nof ART treatment or self-insemination using the donor’s\ndonated gamete;\n(v) a donor conceived person if the information is about their\ndonor sibling.\n(3) The director-general may, on their own initiative, disclose\ninformation kept in the donor register—\n(a) if the director-general believes on reasonable grounds that—\n(i) a donor or donor conceived person is involved in a\nconsanguineous relationship; or\n\n(ii) another serious risk to the safety or welfare of a donor or\ndonor conceived person exists; and\n(b) only to the extent that the disclosure is necessary to allow the\naffected person, or their parent, to understand the risk; and\n(c) to the following people:\n(i) a donor, or donor conceived person, to whom\nsubsection (3) applies (an affected person);\n(ii) a parent of an affected child or young person.\n(4) Nothing in this section requires the director-general to disclose\ninformation to any person.\n(5) In this section:\npersonal health information—see the Health Records (Privacy and\nAccess) Act 1997, dictionary.\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Contacting donor conceived person for consent to","content":"69 Contacting donor conceived person for consent to\ndisclosure\n(1) The director-general may contact a mature donor conceived person to\nask whether the person wishes to consent to the disclosure of\ninformation under this division.\n(2) The director-general may contact a person under subsection (1)—\n(a) at the request of the person’s donor; or\n(b) at the request of the person’s donor sibling; or\n(c) on the director-general’s own initiative.\n(3) The director-general may contact a person under subsection (1) only\nif, in their opinion, the contact is justified to promote the safety or\nwelfare of at least 1 of the people concerned.\n\n(4) The director-general may—\n(a) consult any entity the director-general believes may assist in the\nexercise of their functions under this section; and\n(b) arrange for any of the people concerned to be provided with\ncounselling the director-general believes is necessary to assist\nthe person and the director-general in the matter.\n(5) A regulation may prescribe guidelines in accordance with which the\ndirector-general must exercise the director-general’s functions under\nthis section.\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Consent to disclosure generally","content":"70 Consent to disclosure generally\n(1) A person whose information is kept in the donor register may consent\nto the disclosure of the information in circumstances not otherwise\nallowed under this part.\n(2) The consent must be given by written notice to the director-general.\n(3) The director-general may require the person to provide proof of\nidentity with the consent.\n(4) The consent may be withdrawn or modified by written notice to the\ndirector-general.\n(5) Nothing in this part prevents the director-general from disclosing\ninformation about a person kept in the donor register if—\n(a) the person has consented to the disclosure under this section; and\n(b) the disclosure is consistent with the consent.\n\n","sortOrder":69},{"sectionNumber":"Part 6","sectionType":"part","heading":"Pre-commencement records and","content":"Part 6 Pre-commencement records and\nother information held by ART\nproviders\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Definitions—pt 6","content":"71 Definitions—pt 6\nART provider includes a former ART provider.\ncommencement day means 29 March 2024.\npre-commencement record means a record made by an\nART provider about an ART service provided before the\ncommencement day.\nretention period, in relation to a pre-commencement record, means\n75 years after—\n(a) the day on which the ART service to which the record relates\nwas provided; or\n(b) if the record relates to more than 1 ART service—the day on\nwhich the last of those services was provided.\n","sortOrder":71},{"sectionNumber":"Div 6","sectionType":"division","heading":"2 Retention of pre-commencement","content":"Division 6.2 Retention of pre-commencement\nrecords\n","sortOrder":72},{"sectionNumber":"72","sectionType":"section","heading":"Requirement to retain records","content":"72 Requirement to retain records\n(a) it has control of a pre-commencement record; and\n(b) the record’s retention period has not ended; and\n\nPre-commencement records and other information held by ART providers Part 6\nRetention of pre-commencement records Division 6.2\n(c) it fails to retain the record in a readily accessible form.\n(2) Subsection (1) does not apply if the ART provider fails to retain the\nrecord only because it transfers the record in accordance with\nsection 73.\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Transfer of records","content":"73 Transfer of records\n(1) A person may transfer any pre-commencement record within the\nperson’s control to a registered ART provider.\n(2) The person must give the director-general written notice of the\ntransfer as soon as practicable after transferring the record.\n(3) The registered ART provider must give the director-general written\nnotice confirming the transfer as soon as practicable after receiving\nthe record.\n(4) A person commits an offence if the person fails to comply with\nsubsection (2) or (3).\n(5) A regulation may prescribe additional procedures or requirements for\nthe transfer of records, including—\n(a) providing for the transfer of pre-commencement records if an\nART provider dies, is wound up or otherwise lacks capacity to\nretain the records in accordance with this part; and\n(b) matters required to be included in a notice given to the\ndirector-general under this section.\n\n","sortOrder":74},{"sectionNumber":"74","sectionType":"section","heading":"Director-general may authorise destruction of records","content":"74 Director-general may authorise destruction of records\n(1) Despite anything else in this part, a person may destroy a\npre-commencement record during the retention period if authorised\nin writing by the director-general.\n(2) The director-general may authorise the destruction of a\npre-commencement record only if satisfied that no person would be\nadversely affected by the destruction of the record.\nThe director-general authorises destruction of pre-commencement records because\nthe records relate to gametes that no longer exist and the director-general is satisfied\nthat no person was born as a result of ART treatment using the gametes.\nDivision 6.3 Access to information held by ART\nproviders\nNote This division deals with access to information about ART services,\nincluding ART services provided before the commencement day, that\nmay not be kept in the donor register.\n","sortOrder":75},{"sectionNumber":"75","sectionType":"section","heading":"Meaning of accessible information—div 6.3","content":"75 Meaning of accessible information—div 6.3\n(1) In this division:\naccessible information, about a donor, means—\n(a) non-identifying information about—\n(i) the donor’s ethnicity and physical characteristics; and\n(ii) the donor’s relevant medical history; and\n(iii) the sex and year of birth of each person born as a result of\nART treatment using a donated gamete of the donor; and\n(b) any other information about the donor (including identifying\ninformation) if the donor has consented to its disclosure.\n\nPre-commencement records and other information held by ART providers Part 6\nAccess to information held by ART providers Division 6.3\n(2) However, accessible information does not include information that\ncan be obtained under section 66 (Disclosure to donor conceived\nperson—adult or assessed by counsellor), section 66A (Disclosure to\ndonor conceived person—16 or 17 years old and not assessed by\ncounsellor) or section 67 (Disclosure to parent of donor conceived\nchild or young person).\nidentifying information means information that identifies the\nindividual to whom the information relates.\nnon-identifying information means information that does not\nidentify the individual to whom the information relates.\n","sortOrder":76},{"sectionNumber":"76","sectionType":"section","heading":"Application for accessible information about donor","content":"76 Application for accessible information about donor\n(1) The following people may apply for accessible information about a\ndonor:\n(a) a person born as a result of ART treatment using the donor’s\ndonated gamete if—\n(i) the person is at least 16 years old; or\n(ii) the ART provider to whom the application is made is\nsatisfied the person is sufficiently mature to access\ninformation under this Act;\n(b) a parent of a child or young person born as a result of\nART treatment using the donor’s donated gamete.\n(2) An application for accessible information may be made to—\n(a) the ART provider who provided the ART treatment resulting in\nthe person’s birth; or\n(b) an ART provider the applicant suspects on reasonable grounds\nmay have accessible information about the donor.\n\n","sortOrder":77},{"sectionNumber":"77","sectionType":"section","heading":"Disclosure of accessible information by ART provider","content":"77 Disclosure of accessible information by ART provider\n(1) Within 28 days after receiving an application under section 76, an\nART provider must give the applicant—\n(a) a copy of all accessible information about the donor held by the\nART provider; and\n(b) if the ART provider has no accessible information about the\ndonor—a statement to that effect; and\n(c) if the ART provider has reason to believe another ART provider\nmay have any accessible information about the donor—details\nof the other ART provider.\n(2) An ART provider commits an offence if it fails to comply with this\n\nPreliminary Division 7.1\n","sortOrder":78},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 Preliminary","content":"Division 7.1 Preliminary\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Definitions—pt 7","content":"78 Definitions—pt 7\nassociated entity, of a corporation, means—\n(a) a related corporation; or\n(b) an executive officer of the corporation or related corporation; or\n(c) a person with a significant interest in the corporation or related\ncorporation.\nrecipient, in relation to an improvement notice or prohibition notice,\nmeans the person to whom the notice is given under this part.\nrelated corporation means a related body corporate under the\nCorporations Act.\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Giving improvement notice","content":"79 Giving improvement notice\n(1) This section applies if the director-general is satisfied on reasonable\n(a) a person has contravened, is contravening, or is likely to\ncontravene ART legislation; or\n(b) it is otherwise necessary to require a person to rectify a matter\nor activity to prevent or minimise a risk to another person’s\nhealth, safety or welfare or to public health or safety.\n(2) The director-general may give a notice (an improvement notice) to\nthe person requiring the person to rectify the matter or activity to\nwhich the notice relates.\n\n(3) If the person is a corporation, the director-general may also give an\nimprovement notice to an associated entity of the corporation.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Content of improvement notice","content":"80 Content of improvement notice\n(1) An improvement notice must state the following:\n(a) that it is an improvement notice under this Act;\n(b) the name of the recipient;\n(c) the grounds on which the notice is given;\n(d) the period within which the recipient must rectify the matter or\nactivity to which the notice relates;\n(e) that the notice continues in force until it is revoked;\n(f) the period after which the recipient may apply to have the notice\nrevoked.\n(2) An improvement notice may state the action the recipient must take\nto comply with the notice.\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Extension of compliance period","content":"81 Extension of compliance period\n(1) The director-general may, on application by the recipient or on the\ndirector-general’s own initiative, extend the compliance period\nbefore it ends.\n(2) The director-general must give written notice of their decision under\nsubsection (1) to the recipient.\n(3) If an application for extension is refused, the written notice must state\nthe reasons for the refusal.\ncompliance period means the period mentioned in section 80 (1) (d),\nand includes that period as extended under this section.\n\nImprovement notices Division 7.2\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Revoking improvement notice","content":"82 Revoking improvement notice\n(1) An improvement notice remains in force until the day it is revoked.\n(2) The director-general may, on application by the recipient made in\naccordance with the notice or on the director-general’s own initiative,\nrevoke the notice if satisfied it has been complied with.\n(3) The director-general must give written notice of their decision under\nsubsection (2) to the recipient.\n(4) If an application for revocation is refused, the written notice must—\n(a) state the reasons for the refusal; and\n(b) set a further period after which an application can be made under\nsubsection (2).\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Contravention of improvement notice","content":"83 Contravention of improvement notice\n(1) A person commits an offence if the person—\n(a) is given an improvement notice under section 79; and\n(b) contravenes the notice.\n(a) for a 1st offence—150 penalty units; or\n(b) for a 2nd or subsequent offence—300 penalty units.\n(2) A person who contravenes subsection (1) commits a separate offence\nfor each day (after the first day of the contravention) during any part\nof which the contravention continues.\nMaximum penalty (for each day): 20 penalty units.\n\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Giving prohibition notice","content":"84 Giving prohibition notice\n(1) This section applies if the director-general is satisfied on reasonable\n(a) a person has contravened, is contravening, or is likely to\ncontravene ART legislation; or\n(b) a person has been refused ART accreditation or had their\naccreditation suspended, cancelled or revoked; or\n(c) it is otherwise necessary to prohibit a person from carrying on a\nbusiness, or part of a business, that provides ART services to\nprevent or minimise a serious risk to another person’s health,\nsafety or welfare or to public health or safety.\n(2) The director-general may give a notice (a prohibition notice) to the\nperson prohibiting the person from—\n(a) carrying on a business, or part of a business, that provides\nART services; and\n(b) offering to provide ART services.\n(3) If the person is a corporation, the director-general may also give a\nprohibition notice to an associated entity of the corporation.\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Content of prohibition notice","content":"85 Content of prohibition notice\nA prohibition notice must state the following:\n(a) that it is a prohibition notice under this Act;\n(b) the name of the recipient;\n(c) the grounds on which the notice is given;\n\nProhibition notices Division 7.3\n(d) any conditions on the prohibition the director-general considers\nappropriate;\nExamples\n• the prohibition applies only to stated premises\n• the prohibition applies only to premises in a stated area\n(e) the day the prohibition ends or that the notice continues in force\nuntil it is revoked;\n(f) the period after which the recipient may apply to have the notice\nrevoked.\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Ending prohibition","content":"86 Ending prohibition\n(1) A prohibition notice remains in force until the earliest of the\nfollowing:\n(a) the day the prohibition ends as stated in the notice;\n(b) the day the notice is revoked.\n(2) The director-general may, on application by the recipient made in\naccordance with the notice or on the director-general’s own initiative,\nrevoke the notice if satisfied the grounds on which it was given no\nlonger apply.\n(3) The director-general must give written notice of their decision under\nsubsection (2) to the recipient.\n(4) If an application for revocation is refused, the written notice must—\n(a) state the reasons for the refusal; and\n(b) set a further period after which an application can be made under\nsubsection (2).\n\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Contravention of prohibition notice","content":"87 Contravention of prohibition notice\n(1) A person commits an offence if the person—\n(a) is given a prohibition notice under section 84; and\n(b) contravenes the notice.\n(a) for a 1st offence—250 penalty units; or\n(b) for a 2nd or subsequent offence—500 penalty units.\n(2) A person who contravenes subsection (1) commits a separate offence\nfor each day (after the first day of the contravention) during any part\nof which the contravention continues.\nMaximum penalty (for each day): 30 penalty units.\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Direction to give information about potential notice","content":"88 Direction to give information about potential notice\nrecipients\n(1) This section applies to a corporation to whom an improvement or\nprohibition notice is given.\n(2) The director-general may give the corporation a written direction to\ngive information—\n(a) reasonably required by the director-general to determine if the\ncorporation has any associated entities to whom a notice may be\ngiven; and\n(b) within a stated reasonable period.\n\nMiscellaneous Division 7.4\n(3) A person commits an offence if the person fails to comply with a\ndirection under subsection (2).\n(a) for a 1st offence—100 penalty units; or\n(b) for a 2nd or subsequent offence—200 penalty units.\n(4) Subsection (3) does not apply if the person has a reasonable excuse\nfor failing to comply with the direction.\nmentioned in s (4) (see Criminal Code, s 58).\n\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Definitions—pt 8","content":"89 Definitions—pt 8\nauthorised person means a person appointed as an authorised person\nunder section 90.\nconnected—an activity or thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person an authorised person believes on reasonable grounds to\nbe an occupier of the premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\npremises includes the following:\n(a) land (whether or not vacant);\n(b) any part of a building, tent, stall or other structure (whether of a\npermanent or temporary nature).\nwarrant means a warrant issued under division 8.5.\n\nPreliminary Division 8.1\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Appointment of authorised people","content":"90 Appointment of authorised people\nThe director-general may appoint a public servant as an authorised\nperson for this Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Identity cards","content":"91 Identity cards\n(1) The director-general must give an authorised person an identity card\nthat—\n(a) states the authorised person’s name; and\n(b) states that the person is an authorised person; and\n(c) includes a recent photograph of the person; and\n(d) states the card’s date of issue and expiry; and\n(e) includes anything else prescribed by regulation.\n(2) A person must return their identity card to the director-general within\n7 days after the day the person stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(3) Subsection (2) does not apply to a person if their identity card is—\n(a) lost or stolen; or\n(b) destroyed by someone else.\n\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Requirements before certain powers can be exercised","content":"92 Requirements before certain powers can be exercised\n(1) This section applies if an authorised person intends to exercise any of\nthe following powers:\n(a) giving a direction under section 94 (1) (Direction to give\ninformation);\n(b) giving a direction under section 95 (1) or (2) (Direction to give\nname and address);\n(c) entering premises under section 96 (1) (b) or (c) (Powers of\nauthorised person to enter premises);\n(d) giving a direction under section 98 (1) (e) (General powers on\nentry to premises).\n(2) Before exercising the power, the authorised person must—\n(a) either—\n(i) show their identity card to the affected person; or\n(ii) if the authorised person intends to exercise the power other\nthan in person—provide other evidence of the authorised\nperson’s identity to the affected person; and\n(b) tell the affected person the reason for exercising the power; and\n(c) tell the affected person about any relevant offence in relation to\nthe power.\nExamples—exercise of powers other than in person\n1 an authorised person emails a person giving them a direction to give\ninformation\n2 an authorised person emails a person asking for consent to enter and search\nthe person’s premises using a remote-controlled surveillance device\n\nExercise of powers generally Division 8.2\n(3) The authorised person must ensure the matters mentioned in\nsubsection (2) are communicated in a way that the authorised person\nbelieves the affected person is likely to understand.\naffected person, in relation to the exercise of a power under this part,\nmeans—\n(a) the individual affected by the exercise of the power; or\n(b) if the person is not an individual—an employee, officer or agent\nof the person affected by the exercise of the power.\nrelevant offence means an offence against—\n(a) for a direction under section 94 (1)—section 94 (2); or\n(b) for a direction under section 95 (1) or (2)—section 95 (3); or\n(c) for a direction under section 98 (1) (e)—section 98 (2).\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Privilege against self-incrimination does not apply","content":"93 Privilege against self-incrimination does not apply\n(1) If an authorised person gives a person a direction to give information,\na document or other thing under this part, the person is not excused\nfrom complying with the direction on the ground that doing so may—\n(a) tend to incriminate the person; or\n(b) expose the person to a penalty.\n(2) However, any information, document or thing obtained, directly or\nindirectly, because of the person’s compliance with the direction is\nnot admissible in evidence against the person in a civil or criminal\nproceeding, other than a proceeding for an offence arising out of the\nfalse or misleading nature of the information, document or thing.\n\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Direction to give information","content":"94 Direction to give information\n(1) An authorised person may, in writing, direct a person to give the\nauthorised person information, a document or other thing within a\nstated reasonable period if the information, document or thing is\nreasonably required by the authorised person for this Act.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(2) The person must take reasonable steps to comply with the direction.\n(3) Subsection (2) does not apply unless the authorised person—\n(a) complies with section 92 (Requirements before certain powers\ncan be exercised); and\n(b) explains the effect of section 93 (Privilege against\nself-incrimination does not apply).\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Direction to give name and address","content":"95 Direction to give name and address\n(1) An authorised person may direct a person to state the person’s name\nand home address if the authorised person believes on reasonable\ngrounds that the person—\n(a) is involved in the commission of an offence against this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n\nPower to enter premises Division 8.4\n(2) If the authorised person believes on reasonable grounds that\ninformation given in response to a direction under subsection (1) is\nfalse or misleading, the authorised person may direct the person to\nproduce evidence of the correctness of the information within a stated\nreasonable period.\n(3) A person must comply with a direction given to the person under this\nMaximum penalty: 5 penalty units.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(5) Subsection (3) does not apply to a person unless the authorised person\ncomplies with section 92 (Requirements before certain powers can be\nexercised).\nNote The defendant has an evidential burden in relation to the matter\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Powers of authorised person to enter premises","content":"96 Powers of authorised person to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any time, enter premises if the authorised person believes on\nreasonable grounds that—\n(i) an offence against this Act is being, or is likely to be, or\nhas just been, committed at the premises; and\n\n(ii) the risk to a person, the environment or public health\nresulting from the offence is so serious and urgent that\nimmediate entry to the premises without the authority of a\nwarrant is necessary; or\n(d) enter premises in accordance with a warrant.\n(2) However, subsection (1) (a) or (c) do not authorise entry into a part\nof the premises that is being used only for residential purposes.\n(3) If an authorised person wants to ask for consent to enter a building or\nother structure on the premises, the authorised person may, without\nthe occupier’s consent, enter any land that forms part of the premises\nto ask for the consent.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An authorised person may—\n(a) enter the premises with 1 or more people who, in the opinion of\nthe authorised person, have knowledge or skills that could assist\nthe authorised person to carry out their functions; and\n(b) if entering the premises in accordance with a warrant—also\nenter the premises with necessary force.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Obtaining consent to entry","content":"97 Obtaining consent to entry\n(1) For section 96 (1) (b), an authorised person must—\n(a) before asking the occupier for consent—tell the occupier—\n(i) the purpose of the proposed entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n\nPower to enter premises Division 8.4\n(b) if the occupier consents to the entry—give the occupier a written\nrecord confirming—\n(i) the matters mentioned in paragraph (a); and\n(ii) that the occupier was told about those matters; and\n(iii) the time and date when the consent was given.\n(2) A court must find that the occupier did not consent if—\n(a) a question arises, in a proceeding before the court, whether the\noccupier consented to the authorised person entering the\npremises under this part; and\n(b) a record mentioned in subsection (1) (b) is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"General powers on entry to premises","content":"98 General powers on entry to premises\n(1) An authorised person who enters premises under this division may do\n1 or more of the following in relation to the premises or anything at\nthe premises:\n(a) examine anything;\n(b) take a measurement or conduct a test;\n(c) take a sample;\n(d) take images, make audio or video recordings or any other kind\nof record;\n(e) if reasonably required for an authorised person to exercise a\npower under this division, direct the occupier of the premises, or\nanyone at the premises, to do 1 or more of the following:\n(i) give information, a document or other thing (including\ninformation, a document or thing that is not at the\npremises);\n\n(ii) produce a document or other thing (including a document\nor other thing that is not at the premises);\n(iii) answer a question;\n(iv) give the authorised person reasonable help to exercise a\npower under this part.\nNote The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n(2) A person must take all reasonable steps to comply with a direction\ngiven under subsection (1) (e).\n(3) Subsection (2) does not apply in relation to a direction given to a\nperson under subsection (1) (e) (i), (ii) and (iii) unless, before giving\nthe direction, the authorised person—\n(a) complies with section 92 (Requirements before certain powers\ncan be exercised); and\n(b) explains the effect of section 93 (Privilege against\nself-incrimination does not apply) to the person.\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Definitions—div 8.5","content":"99 Definitions—div 8.5\nIn this division:\nremote application—see section 100 (3).\nwarrant form—see section 103 (2).\nwarrant terms—see section 102 (2).\n\nWarrants Division 8.5\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Application for warrant","content":"100 Application for warrant\n(1) An authorised person may apply to a magistrate for a warrant to enter\nthe premises and exercise the authorised person’s powers under this\npart.\n(2) The application must—\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n(3) However, if the authorised person considers it necessary because of\nurgent or other special circumstances, the authorised person may\nmake an application (a remote application) by—\n(a) preparing a written application stating the grounds on which a\nwarrant is sought; and\n(b) applying to the magistrate for the warrant other than in person\nbefore the written application is sworn.\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Magistrate may refuse to consider application for warrant","content":"101 Magistrate may refuse to consider application for warrant\nuntil authorised person gives relevant information\nThe magistrate may refuse to consider an application for a warrant\nmade under section 100 until the authorised person gives the\nmagistrate all the information the magistrate requires about the\napplication in the way the magistrate requires.\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Decision on application for warrant","content":"102 Decision on application for warrant\n(1) If an application for a warrant is made under section 100, the\nmagistrate may issue the warrant only if satisfied there are reasonable\ngrounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(2) The warrant must include the following information (the warrant\nterms):\n(a) a statement that an authorised person may, with any necessary\nassistance and force, enter the premises and exercise the\nauthorised person’s powers under this part;\n(b) details of the offence for which the warrant is issued;\n(c) the things that may be seized under the warrant;\n(d) the hours when the premises may be entered;\n(e) the date, within 14 days after the day of the warrant’s issue,\nwhen the warrant ends.\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Warrant issued on remote application","content":"103 Warrant issued on remote application\n(1) A magistrate may issue a warrant on a remote application by—\n(a) immediately giving a written copy of the warrant to the\nauthorised person if it is practicable to do so; or\n(b) if it is not practicable to do so—tell the authorised person the\nfollowing:\n(i) the warrant terms;\n(ii) the date and time the warrant is issued.\n(2) If the magistrate issues a warrant under subsection (1) (b), the\nauthorised person must complete a form of warrant (the warrant\nform) stating—\n(a) the magistrate’s name; and\n\nWarrants Division 8.5\n(b) the date and time the magistrate issued the warrant; and\n(c) the warrant terms.\n(3) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n(4) The authorised person must, as soon as is reasonably practicable—\n(a) swear the remote application; and\n(b) give the magistrate—\n(i) the sworn application; and\n(ii) if the authorised person completed a warrant form—the\nwarrant form.\n(5) On receiving the documents mentioned in subsection (4) (b), the\nmagistrate must attach them to the warrant.\n(6) A court must find that a power exercised by an authorised person was\nnot authorised by a warrant under this section if—\n(a) a question arises in a proceeding before the court whether the\nexercise of the power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of the power was authorised by\na warrant under this section.\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Announcement before entry under warrant","content":"104 Announcement before entry under warrant\n(1) Before anyone enters premises under a warrant, an authorised person\nmust—\n(a) announce that they are authorised to enter the premises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n\n(c) if the occupier of the premises is present at the premises—\nidentify themself to the person.\n(2) The authorised person is not required to comply with subsection (1)\nif they believe on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including themselves or any person\nassisting them); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Warrant etc to be given to occupier","content":"105 Warrant etc to be given to occupier\nIf the occupier of premises is present at the premises while a warrant\nis being executed, the authorised person must give to the occupier—\n(a) a copy of—\n(i) the warrant; or\n(ii) if section 103 (1) (b) applies—the warrant form; and\n(b) a document setting out the occupier’s rights and obligations.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Occupier entitled to watch search etc","content":"106 Occupier entitled to watch search etc\n(1) If the occupier of premises is present at the premises while a warrant\nis being executed, the occupier is entitled to watch the authorised\nperson, and any person assisting the authorised person, conduct any\nsearch and exercise any other power authorised by the warrant.\n(2) However, the occupier is not entitled to watch the authorised person\nor a person assisting the authorised person, exercise their powers if—\n(a) to do so would interfere with the powers being exercised; or\n(b) the occupier is under arrest, and allowing them to watch the\npowers being exercised would interfere with the objective of the\nwarrant.\n\n(3) This section does not prevent an authorised officer exercising powers\nunder this part in 2 or more areas of the premises at the same time.\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Authorised person may seize things at premises","content":"107 Authorised person may seize things at premises\n(1) An authorised person who enters premises under this part—\n(a) may seize anything at the premises if satisfied on reasonable\n(i) the thing is connected with an offence against this Act; and\n(ii) the seizure is necessary to prevent the thing from being—\n(A) concealed, lost or destroyed; or\n(B) used to commit, continue or repeat the offence; and\n(b) if the premises were entered with the occupier’s consent—may\nalso seize anything at the premises if seizure of the thing is\nconsistent with the purpose of the entry told to the occupier\nwhen seeking the occupier’s consent; and\n(c) if the premises were entered under a warrant—may also seize\nanything at the premises that the authorised person is authorised\nto seize under the warrant.\n(2) Having seized a thing, the authorised person may—\n(a) remove the thing from the premises where it was seized to\nanother place; or\n(b) leave the thing at the premises where it is seized and restrict\naccess to it.\nNote If an authorised person seizes a thing, the authorised person must give a\nreceipt for it to the person from whom it was seized (see s 111).\n\n(3) If access to a seized thing is restricted under subsection (2) (b), the\nauthorised person must secure, in a conspicuous place at the premises,\na notice identifying that the thing is seized.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Moving things to another place for examination or","content":"108 Moving things to another place for examination or\nprocessing under warrant\n(1) A thing found at premises entered under a warrant may be moved to\nanother place for examination or processing to decide whether it may\nbe seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so taking into\naccount the timeliness and cost of examining or processing\nthe thing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if they believe on reasonable grounds that the thing cannot be\nexamined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the person from whom the thing was seized the address of\nthe place where, and time when, the examination or processing\nwill be carried out; and\n\n(b) allow the person from whom the thing was seized or their\nrepresentative to be present during the examination or\nprocessing.\n(6) The provisions of this part relating to the issue of warrants apply, with\nany necessary changes, to the giving of an extension under\nsubsection (3).\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Owner etc may access seized things","content":"109 Owner etc may access seized things\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this division may—\n(a) inspect the thing; and\n(b) make a visual recording of the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Person must not interfere with seized things","content":"110 Person must not interfere with seized things\n(1) A person commits an offence if—\n(a) a thing has been seized under this division; and\n(b) the person interferes with the thing, or anything containing the\nthing; and\n(c) the person does not have the approval of an authorised person to\ninterfere with the thing.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Authorised person must give receipt for seized things","content":"111 Authorised person must give receipt for seized things\n(1) If an authorised person seizes a thing under this division, they must—\n(a) as soon as practicable after seizing the thing, give the person\nfrom whom the thing was seized a receipt for the thing; or\n\n(b) if complying with paragraph (a) is not practicable—secure a\nreceipt for the thing in a conspicuous place at the premises where\nthe thing was seized.\n(2) A receipt must include the following information:\n(a) a description of the thing seized;\n(b) the reasons why the thing was seized;\n(c) the authorised person’s name, and how they can be contacted;\n(d) if the thing is moved from the premises where it was seized—\nwhere the thing will be taken.\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Return of seized things","content":"112 Return of seized things\n(1) Unless subsection (2) applies, a thing seized under this division must\nbe returned to its owner, or reasonable compensation must be paid to\nthe owner by the Territory for the loss of the thing.\n(2) The thing is not required to be returned and reasonable compensation\nis not required to be paid for it if—\n(a) both of the following apply:\n(i) a prosecution for an offence connected with the thing\n(a relevant offence) is started against the owner within the\n1-year period;\n(ii) the proceeding (including any appeal) is finalised and the\nowner is convicted or found guilty of the offence; or\n(b) an infringement notice for a relevant offence is served on the\nowner within the 1-year period and—\n(i) the owner gives notice disputing liability for the offence\n(a disputed liability notice) in accordance with the\nMagistrates Court Act 1930, section 132; and\n\n(ii) an information is laid in the Magistrates Court against the\nowner for the offence within 60 days after the day the\ndisputed liability notice is given; and\n(iii) the proceeding (including any appeal) is finalised and the\nowner is convicted or found guilty of the offence; or\n(c) an infringement notice for a relevant offence is served on the\nowner within the 1-year period and—\n(i) the infringement notice penalty for the offence is paid; and\n(ii) the notice is not withdrawn; or\n(d) a court makes an order under a territory law that the thing is\nforfeited to the Territory or must be otherwise dealt with.\n(3) If subsection (2) (a), (b) or (c) applies—\n(a) the thing is forfeited to the Territory; and\n(b) the director-general may direct that the thing be sold, destroyed\nor otherwise disposed of.\n1-year period, in relation to a seized thing, means 12 months after the\nday the thing was seized.\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"Order disallowing seizure","content":"113 Order disallowing seizure\n(1) If a thing is seized under this division, a person claiming to be entitled\nto the thing may apply to the Magistrates Court for an order\ndisallowing the seizure.\n(2) The application—\n(a) must be made not later than 10 days after the day the thing is\nseized; and\n(b) must not be heard unless the applicant has served a copy of the\napplication on the director-general.\n\n(3) The director-general is entitled to appear as a respondent at the\nhearing of the application.\n(4) The court must make an order disallowing the seizure of the thing if\nsatisfied—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(5) The court may also make an order disallowing the seizure if satisfied\nthere are exceptional circumstances justifying the making of the\norder.\n(6) If the court makes an order disallowing the seizure, the court may\nmake 1 or more of the following ancillary orders:\n(a) an order directing the director-general to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the disallowed seizure—an order directing the\nTerritory to pay reasonable compensation;\n(c) an order about costs in relation to the application.\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Damage etc to be minimised","content":"114 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take reasonable steps to ensure that they, and\nany person assisting them, cause as little inconvenience, detriment\nand damage as is practicable.\n\nMiscellaneous Division 8.7\n(2) If an authorised person, or a person assisting them, damages anything\nin the exercise or purported exercise of a function under this part, the\nauthorised person must give written notice of the details of the\ndamage to the person who they believe on reasonable grounds is the\nowner of the thing.\n(3) If the damage occurs on premises entered under this part in the\nabsence of the occupier, the notice may be given by securing it in a\nconspicuous place at the premises.\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"115 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an authorised person; or\n(b) a person assisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":117},{"sectionNumber":"Part 9","sectionType":"part","heading":"Procedural and evidentiary","content":"Part 9 Procedural and evidentiary\nprovisions\n","sortOrder":118},{"sectionNumber":"116","sectionType":"section","heading":"Court to notify director-general of offence","content":"116 Court to notify director-general of offence\nIf a person is convicted or found guilty of an offence against this Act,\nthe registrar or other proper officer of the court must notify the\ndirector-general in writing.\n","sortOrder":119},{"sectionNumber":"117","sectionType":"section","heading":"Destruction or falsification of records","content":"117 Destruction or falsification of records\n(1) A person commits an offence if—\n(a) the person knowingly falsifies or destroys a record; and\n(b) the record is a pre-commencement record or another record\nrequired to be kept under this Act.\n(2) Subsection (1) does not apply to the destruction of a record if—\n(a) the destruction is authorised by the director-general; or\n(b) the record is a hard copy version that has been converted to\nelectronic format.\npre-commencement record—see section 71.\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Criminal liability of executive officer","content":"118 Criminal liability of executive officer\n(1) An executive officer of a corporation is taken to commit an offence\nif—\n(a) the corporation commits an offence against this Act (a relevant\noffence); and\n\nProcedural and evidentiary provisions Part 9\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the offence by an individual.\n(2) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Evidentiary certificates","content":"119 Evidentiary certificates\nIn a proceeding for an offence against this Act, a certificate that\nappears to be signed by the director-general or another person\nprescribed by regulation, and that states a matter relating to any of the\nfollowing, is evidence of the matter:\n(a) the registration of an ART provider under part 3;\n(b) the prohibition of a person from carrying on a business, or part\nof a business, that provides ART services under division 7.3;\n(c) any other matter prescribed by regulation relating to the\nadministration of this Act.\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Disclosure of information by ART providers and others","content":"120 Disclosure of information by ART providers and others\n(1) A requirement to disclose information under this Act has effect\ndespite any duty of confidentiality or other restriction on disclosure\n(including under the Health Records (Privacy and Access) Act 1997).\n(2) If a person discloses information in accordance with this Act—\n(a) the disclosure is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the person does not incur civil or criminal liability only because\nof the disclosure.\n\nProcedural and evidentiary provisions Part 9\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Protection of public officials from liability","content":"121 Protection of public officials from liability\n(1) A public official is not civilly liable for conduct engaged in honestly\nand without recklessness—\n(a) in the exercise of a function under this Act or another territory\nlaw; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act or another territory law.\n(2) Any liability that would, apart from this section, attach to the public\nofficial attaches instead to the Territory.\npublic official—\n(a) means—\n(i) the director-general; or\n(ii) an authorised person; or\n(iii) a person exercising a function under this Act; but\n(b) does not include an ART provider.\n\nPart 10 Notification and review of decisions\nPart 10 Notification and review of\ndecisions\n122 Meaning of reviewable decision—pt 10\nreviewable decision means a decision of the director-general to—\n(a) impose conditions on registration under section 16; or\n(b) give an improvement notice under section 79; or\n(c) refuse to revoke an improvement notice under section 82; or\n(d) give a prohibition notice under section 84; or\n(e) refuse to revoke a prohibition notice under section 86.\n","sortOrder":124},{"sectionNumber":"123","sectionType":"section","heading":"Reviewable decision notices","content":"123 Reviewable decision notices\nIf the director-general makes a reviewable decision in relation to an\nART provider, the director-general must give a reviewable decision\nnotice to the ART provider.\nNote The director-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":125},{"sectionNumber":"124","sectionType":"section","heading":"Applications for review","content":"124 Applications for review\nThe following people may apply to the ACAT for review of a\nreviewable decision:\n(a) the ART provider in relation to which the decision has been\nmade;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 11\n","sortOrder":126},{"sectionNumber":"125","sectionType":"section","heading":"Determination of fees","content":"125 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":127},{"sectionNumber":"126","sectionType":"section","heading":"Applying, adopting or incorporating documents in","content":"126 Applying, adopting or incorporating documents in\nregulations\n(1) A regulation may apply, adopt or incorporate (with or without change\nor modification)—\n(a) a law as in force from time to time; or\n(b) another instrument as in force from time to time.\n(2) The Legislation Act, section 47 (6) does not apply to an instrument\napplied, adopted or incorporated under subsection (1).\nNote An instrument under s (1) does not need to be notified under the\nLegislation Act because s 47 (6) does not apply (see Legislation Act,\ns 47 (7)).\n(3) The director-general must ensure that an instrument applied, adopted\nor incorporated under subsection (1) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(4) An instrument that is applied, adopted or incorporated under\nsubsection (1) is not enforceable by or against the Territory or anyone\nelse unless it is made accessible in accordance with subsection (3).\n\n","sortOrder":128},{"sectionNumber":"127","sectionType":"section","heading":"Regulation-making power","content":"127 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 30 penalty units for the offences.\n\n","sortOrder":129},{"sectionNumber":"128","sectionType":"section","heading":"Definitions—pt 12","content":"128 Definitions—pt 12\nbasic provisions means—\n(a) section 39 (Donated gametes or embryos—time limits on use);\nand\n(b) section 40 (Donated gametes or embryos—limits on number of\nfamilies); and\n(c) section 53 (Mandatory information).\nextended provisions means—\n(a) the basic provisions; and\n(b) section 46 (Requirement to collect information about gamete\nprovider); and\n(c) section 47 (Requirement to collect information about person\nundergoing ART treatment); and\n(d) section 48 (Requirement to keep records).\ntransitional period means the period starting on 29 March 2024 and\nending on 28 September 2024.\n","sortOrder":130},{"sectionNumber":"129","sectionType":"section","heading":"Use, supply and export of gametes and embryos","content":"129 Use, supply and export of gametes and embryos\nA provision relating to the use, supply or export of a gamete or\nembryo applies to a gamete obtained, or an embryo created, before\nthe end of the transitional period.\n","sortOrder":131},{"sectionNumber":"130","sectionType":"section","heading":"Storage of gametes and embryos","content":"130 Storage of gametes and embryos\nSection 43 (Storage of gametes or embryos) does not apply to a\ngamete obtained, or an embryo created, before the end of the\ntransitional period.\n\n","sortOrder":132},{"sectionNumber":"131","sectionType":"section","heading":"Completion of family—subsequent gametes where","content":"131 Completion of family—subsequent gametes where\nperson became pregnant before end of transitional period\n(1) This section applies if, before the end of the transitional period,\na person became pregnant as a result of ART treatment using a\ndonated gamete.\n(3) For a subsequent gamete used in accordance with this section, the\nextended provisions do not apply to the ART provider in relation to\nthe subsequent gamete, or an embryo created from the subsequent\n","sortOrder":133},{"sectionNumber":"132","sectionType":"section","heading":"Completion of family—embryos created before end of","content":"132 Completion of family—embryos created before end of\ntransitional period\n(1) This section applies to an embryo created from a donated gamete\nbefore the end of the transitional period, for use in the provision of\nART treatment to a particular person.\n(2) An ART provider may use the embryo to provide ART treatment to\nthe person or their domestic partner.\n(3) For an embryo used in accordance with this section, the extended\nprovisions do not apply to the ART provider in relation to the embryo.\n\n","sortOrder":134},{"sectionNumber":"132A","sectionType":"section","heading":"Completion of family—subsequent gametes where","content":"132A Completion of family—subsequent gametes where\nembryo created before end of transitional period\n(a) an embryo was created from a donated gamete before the end of\nthe transitional period, for use in the provision of ART treatment\nto a particular person; and\n(b) at any time, the person or their domestic partner becomes\npregnant as a result of ART treatment using the embryo.\n(3) For a subsequent gamete used in accordance with this section, the\nextended provisions do not apply to the ART provider in relation to\nthe subsequent gamete, or an embryo created from the subsequent\n","sortOrder":135},{"sectionNumber":"132B","sectionType":"section","heading":"Completion of family—gametes donated and allocated","content":"132B Completion of family—gametes donated and allocated\nbefore end of transitional period\n(1) This section applies to a donated gamete that was allocated to\na particular person before the end of the transitional period.\n(2) An ART provider may use the gamete—\n\n(3) For a gamete used in accordance with this section—\n(a) if the gamete was allocated before the transitional period—\nthe extended provisions do not apply to the ART provider in\nrelation to the gamete or an embryo created from the gamete;\nand\n(b) if the gamete was allocated during the transitional period—\nthe basic provisions do not apply to the ART provider in relation\nto the gamete or an embryo created from the gamete.\n(4) For this section, a donated gamete is allocated to a particular person\nif—\n(a) the gamete has been obtained by the person, or an ART provider,\nfor the purpose of providing ART treatment to the person or their\ndomestic partner; or\n(b) the gamete is held in storage and an arrangement is in place for\nit to be given to the person, or an ART provider, for the purpose\nof providing ART treatment to the person or their domestic\npartner.\n","sortOrder":136},{"sectionNumber":"132C","sectionType":"section","heading":"Completion of family—subsequent gametes where","content":"132C Completion of family—subsequent gametes where\ngamete allocated before end of transitional period\n(a) a donated gamete was allocated to a particular person before the\nend of the transitional period (the first gamete); and\n(b) at any time, the person or their domestic partner becomes\npregnant as a result of ART treatment using the first gamete.\n\n(3) For a subsequent gamete used in accordance with this section—\n(a) if the first gamete was allocated before the transitional period—\nthe extended provisions do not apply to the ART provider in\nrelation to a subsequent gamete or an embryo created from a\nsubsequent gamete; and\n(b) if the first gamete was allocated during the transitional period—\nthe basic provisions do not apply to the ART provider in relation\nto a subsequent gamete or an embryo created from a subsequent\nallocated—see section 132B (4).\n","sortOrder":137},{"sectionNumber":"132D","sectionType":"section","heading":"Donor taken to consent to use of gametes and embryos","content":"132D Donor taken to consent to use of gametes and embryos\nfor completion of family\n(1) This section applies to a donated gamete or embryo created from a\ndonated gamete used in accordance with a completion of family\nprovision.\n(2) The donor is taken to have consented to the use and may modify or\nwithdraw consent in accordance with section 30.\ncompletion of family provision means—\n(a) section 131; and\n(b) section 132; and\n(c) section 132A; and\n(d) section 132B; and\n(e) section 132C.\n\n","sortOrder":138},{"sectionNumber":"132E","sectionType":"section","heading":"Certain things done or omitted to be done not invalid","content":"132E Certain things done or omitted to be done not invalid\n(a) before the commencement day, an ART provider has done or\nomitted to do something; and\n(b) on or after the commencement day, the ART provider could\nhave validly done or omitted to do the thing under a completion\nof family provision.\n(2) The thing is taken to have been validly done or omitted to be done.\ncommencement day means 28 March 2025.\ncompletion of family provision—see section 132D (3).\n","sortOrder":139},{"sectionNumber":"133","sectionType":"section","heading":"Expiry—pt 12","content":"133 Expiry—pt 12\nThis part expires 15 years after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACT\n• adult\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• doctor\n• domestic partner (see s 169 (1))\n• Executive\n• exercise\n• fail\n• found guilty\n• function\n• home address\n• individual\n• in relation to\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• parent\n• penalty unit (see s 133)\n• the Territory.\naccessible information, about a donor, for division 6.3 (Access to\ninformation held by ART providers)—see section 75.\nART accreditation means accreditation by any of the following:\n(a) the Reproductive Technology Accreditation Committee of the\nFertility Society of Australia and New Zealand (ACN 006 214\n115);\n\n(b) a body prescribed for the Research Involving Human Embryos\nAct 2002 (Cwlth), section 8, definition of accredited ART\ncentre, paragraph (b);\n(c) another body prescribed by regulation.\nartificial insemination means a procedure of transferring sperm\nwithout also transferring an oocyte into the vagina, cervical canal or\nuterus of a person.\nART legislation means this Act and the following:\n(a) the Human Cloning and Embryo Research Act 2004;\n(b) the Prohibition of Human Cloning for Reproduction Act 2002\n(Cwlth);\n(c) the Research Involving Human Embryos Act 2002 (Cwlth).\n(a) for this Act generally—see section 11; and\n(b) for part 6 (Pre-commencement records and other information\nheld by ART providers)—see section 71.\nART service—see section 10.\nART treatment (or assisted reproductive technology treatment)—\nsee section 9.\nassessed by a counsellor, for part 5 (Donor register)—\nsee section 51 (2).\nassociated entity, of a corporation, for part 7 (Regulatory action)—\nsee section 78.\nauthorised person, for part 8 (Enforcement)—see section 89.\nchild—see the Children and Young People Act 2008, section 11.\ncommencement day means—\n(a) for part 5 (Donor register)—see section 50; and\n\n(b) for part 6 (Pre-commencement records and other information\nheld by ART providers)—see section 71.\nconnected, for part 8 (Enforcement)—see section 89.\nconsent, of a gamete provider, means consent given by the gamete\nprovider under section 29.\ndonated embryo means an embryo donated after its creation for use\nby someone other than—\n(a) the gamete providers from whom the gametes used to create the\nembryo were obtained; or\n(b) a domestic partner of the gamete providers.\ndonated gamete—\n(a) means a gamete donated by a gamete provider for use by\nsomeone other than the gamete provider or their domestic\npartner, and\n(b) includes a gamete used to create a donated embryo, whether or\nnot the gamete was originally obtained from the gamete provider\nas a donated gamete and whether or not the embryo was\noriginally created for use as a donated embryo.\ndonor—\n(a) means a gamete provider from whom a donated gamete is\nobtained; and\n(b) in relation to a donor conceived person—\n(i) means the gamete provider of a donated gamete used in\nART treatment resulting in the person’s birth; and\n(ii) for part 5 (Donor register)—see section 50.\ndonor code, for part 5 (Donor register)—see section 50.\n\ndonor conceived, in relation to a person—\n(a) means a person born as a result of ART treatment using a\ndonated gamete; and\n(b) for part 5 (Donor register)—see section 50.\ndonor register means the register established under section 52.\ndonor sibling, in relation to a donor conceived person—\n(a) means the person’s sibling born as a result of ART treatment\nusing a gamete donated by the person’s donor; and\n(b) for part 5 (Donor register)—see section 50.\nembryo means a discrete entity that—\n(a) has arisen from either—\n(i) the first mitotic division when fertilisation of a human\noocyte by a human sperm is complete; or\n(ii) any other process that initiates organised development of a\nbiological entity with a human nuclear genome or altered\nhuman nuclear genome that has the potential to develop up\nto, or beyond, the stage at which the primitive streak\nappears; and\n(b) has not yet reached 8 weeks of development since the first\nmitotic division.\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nfull name, in relation to a donor, means each full name ever used by\nthe donor.\ngamete—\n(a) means a human sperm or a human oocyte; and\n\n(b) for a gamete used in the provision of ART treatment—includes\nan embryo created from the gamete.\ngamete provider—\n(a) in relation to a gamete—means the person from whom the\ngamete has been obtained; and\n(b) in relation to an embryo—means a person from whom a gamete\nused to create the embryo was obtained.\nimprovement notice—see section 79 (2).\ninformal donor arrangement, for part 5 (Donor register)—see\nsection 50.\nmandatory information means information of a kind given under\nsection 53.\nmature donor conceived person, for part 5 (Donor register)—see\nsection 51 (1).\nobtain, a gamete, includes receive a gamete.\noccupier, of premises, for part 8 (Enforcement)—see section 89.\noffence, for part 8 (Enforcement)—see section 89.\npre-commencement record, for part 6 (Pre-commencement records\nand other information held by ART providers)—see section 71.\npremises—\n(a) for this Act generally—includes any land or building and part of\nany land or building; and\n(b) for part 8 (Enforcement)—see section 89.\nprohibition notice—see section 84 (2).\nrecipient, in relation to an improvement notice or prohibition notice,\nfor part 7 (Regulatory action)—see section 78.\nregistered ART provider means a person registered as an ART\nprovider under part 3.\n\nrelated corporation, for part 7 (Regulatory action)—see section 78.\nrelevant medical history, of a donor, means any medical history or\ngenetic test results of the donor or their family that are relevant to the\nfuture health of—\n(a) a person undergoing ART treatment using the donor’s donated\ngamete; or\n(b) the donor’s donor conceived offspring; or\n(c) a child of the donor’s donor conceived offspring.\nremote application, for division 8.5 (Warrants)—see section 100 (3).\nretention period, in relation to a pre-commencement record, for\npart 6 (Pre-commencement records and other information held by\nART providers)—see section 71.\nreviewable decision, for part 10 (Notification and review of\ndecisions)—see section 122.\nself-insemination means artificial insemination not performed or\nsupervised by a doctor on behalf of a registered ART provider.\nwarrant, for part 8 (Enforcement)—see section 89.\nwarrant form, for division 8.5 (Warrants)—see section 103 (2).\nwarrant terms, for division 8.5 (Warrants)—see section 102 (2).\nyoung person—see the Children and Young People Act 2008,\nsection 12.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":140},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nAssisted Reproductive Technology Act 2024 A2024-7\nnotified LR 28 March 2024\ns 1, s 2 commenced 28 March 2024 (LA s 75 (1))\npt 1, pt 2, div 4.5, div 6.1, div 6.2, pt 11, pt 12, dict\ncommenced 29 March 2024 (s 2 (1))\npt 5 commenced 28 March 2025 (s 2 (3) (b))\nremainder commenced 28 September 2024 (s 2 (2) and LA s 79)\nas amended by\nHealth Legislation Amendment Act 2024 A2024-42 pt 2\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\npt 2 commenced 28 September 2024 (s 2 (2) (a) and see A2024-7\ns 2 (2) and LA s 79)\nAssisted Reproductive Technology Amendment Act 2025 A2025-6\nnotified LR 27 March 2025\ns 1, s 2 commenced 27 March 2025 (LA s 75 (1))\ns 5 commenced 28 March 2025 (s 2 (2))\nremainder commenced 28 March 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.6\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.6 commenced 16 November 2025 (s 2 (1))\nAssisted Reproductive Technology Amendment Act 2025 (No 2)\nA2025-35\nnotified LR 15 December 2025\ns 1, s 2 commenced 15 December 2025 (LA s 75 (1))\nremainder commenced 16 December 2025 (s 2)\n\nAmendment history 4\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDonated gametes or embryos—limits on number of families\ns 40 am A2025-6 s 4; A2025-29 amdt 3.10\nDefinitions—pt 5\ns 50 def assessed by a counsellor ins A2025-35 s 4\ndef commencement day am A2025-35 s 5\ndef mature donor conceived person am A2025-35 s 6\nMeaning of mature donor conceived person etc—pt 5\ns 51 sub A2025-35 s 7\nMandatory information\ns 53 am A2025-6 s 5\nDisclosure to donor conceived person—adult or assessed by counsellor\ns 66 sub A2025-35 s 8\nDisclosure to donor conceived person—16 or 17 years old and not assessed\nby counsellor\ns 66A ins A2025-35 s 8\nDisclosure to parent of donor conceived child or young person\ns 67 am A2025-35 s 9, s 10\nPre-commencement records and other information held by ART providers\npt 6 hdg sub A2025-35 s 11\nDefinitions—pt 6\ns 71 def commencement day am A2025-35 s 12\nAccess to information held by ART providers\ndiv 6.3 hdg sub A2025-35 s 13\ndiv 6.3 hdg note am A2025-35 s 14\nMeaning of accessible information—div 6.3\ns 75 am A2025-35 s 15\nReturn of seized things\ns 112 am A2024-42 s 4\nCriminal liability of executive officer\ns 118 am A2025-29 amdt 3.11\nProtection of public officials from liability\ns 121 am A2025-6 s 6\nApplying, adopting or incorporating documents in regulations\ns 126 hdg sub A2025-29 amdt 3.12\ns 126 am A2025-29 amdts 3.13-3.17; pars renum R4 LA\n\n4 Amendment history\nTransitional\npt 12 hdg exp 29 March 2039 (s 133)\nDefinitions—pt 12\ns 128 sub A2025-6 s 7\nam A2025-35 s 16\nUse, supply and export of gametes and embryos\ns 129 exp 29 March 2039 (s 133)\nStorage of gametes and embryos\ns 130 exp 29 March 2039 (s 133)\nCompletion of family—subsequent gametes where person became pregnant\nbefore end of transitional period\ns 131 sub A2024-42 s 5; A2025-6 s 8\nCompletion of family—embryos created before end of transitional period\ns 132 sub A2025-6 s 8\nCompletion of family—subsequent gametes where embryo created before\nend of transitional period\ns 132A ins A2025-6 s 8\nCompletion of family—gametes donated and allocated before end of\ntransitional period\ns 132B ins A2025-6 s 8\nCompletion of family—subsequent gametes where gamete allocated before\nend of transitional period\ns 132C ins A2025-6 s 8\nDonor taken to consent to use of gametes and embryos for completion of\nfamily\ns 132D ins A2025-6 s 8\nCertain things done or omitted to be done not invalid\ns 132E ins A2025-6 s 8\nam A2025-35 s 17\nExpiry—pt 12\ns 133 exp 29 March 2039 (s 133)\n\nAmendment history 4\nConsequential amendments\npt 13 hdg om LA s 89 (3)\nFreedom of Information Act 2016\ns 134 om LA s 89 (3)\nHuman Cloning and Embryo Research Act 2004\ns 135 om LA s 89 (3)\ndict def accessible information am A2025-35 s 18\ndef ART provider am A2025-35 s 19\ndef assessed by a counsellor ins A2025-35 s 20\ndef commencement day am A2025-35 s 21\ndef mature donor conceived person am A2025-35 s 22\ndef pre-commencement record am A2025-35 s 23\ndef retention period am A2025-35 s 23\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n29 Mar 2024\n29 Mar 2024–\n27 Sept 2024\nnot amended new Act\n28 Sept 2024\n28 Sept 2024–\n27 Mar 2025\nA2024-42 commenced\nprovisions and\namendments by\nA2024-42\n28 Mar 2025\n28 Mar 2025–\n15 Nov 2025\nA2025-6 commenced\nprovisions and\namendments by\nA2025-6\n16 Nov 2025\n16 Nov 2025–\n15 Dec 2025\nA2025-29 amendments by\nA2025-29","sortOrder":141}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The republished Act incorporates subsequent amendments that broaden and refine scope: expanded donor‑register definitions and disclosure pathways (including a separate access route for 16–17‑year‑olds, ss 66–66A), revised mandatory reporting and information‑sharing duties (ss 53, 61–62), adjusted pre‑commencement record and retention rules (pt 6, ss 71–73), and changes to executive liability and administrative powers (s 118; regs and adopting instruments under s 126). Amendments listed in the endnotes (A2025‑35, A2025‑6, A2025‑29) show these scope changes."},"complexity_factors":["Breadth of regulation across clinical practice, data, storage, research and export (Parts 3–6, divs 4.3–4.5)","Detailed, tiered consent and posthumous‑use regimes requiring written consent or court orders (ss 29–37)","Time limits and family‑number caps for donated gametes/embryos with inter‑jurisdictional checking duties (ss 39–41)","Extensive mandatory record‑keeping with long retention periods (ss 46–48; pt 6 retention rules)","Complex donor register rules: mandatory and voluntary entries, age‑ and counselling‑based disclosure pathways, and director‑general initiative/disclosure powers (Part 5, ss 52–70)","Layered enforcement powers including directions, entry, warrants, seizure and compensation, with procedural safeguards (Part 8, ss 92–115)","Multiple offence types and penalty tiers, including strict‑liability offences and executive officer liability (eg ss 21–22, 46(3), 118)","Substantial administrative discretion vested in the director‑general (registration, conditions, authorisations, record destruction, disclosure) (eg ss 15–20, 39(2), 59, 68)"],"plain_english_summary":"This Act creates a comprehensive regulatory framework for assisted reproductive technology (ART) in the ACT. It requires ART providers to be accredited and registered, sets written‑consent and counselling rules, imposes detailed record‑keeping and storage limits, establishes a donor register, and gives the director‑general powers to inspect, require improvements, prohibit activity and enforce offences.\n\nThe law affects clinics, doctors, donors and people undergoing ART by assigning who decides (director‑general and courts), who pays (providers for compliance; individuals may pay for counselling or fees), and what behaviour must change (consent, data collection, storage and disclosure)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":704},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating ART services and establishing a donor register. The 2025 amendments refined information access for 16-17 year olds and added completion-of-family provisions, but these represent operational refinements rather than scope expansion."},"complexity_factors":["Multiple overlapping definitions of 'donor' and 'donor conceived person' that vary by Part (e.g., section 50 vs general dictionary)","Nested consent requirements with multiple withdrawal points (section 30) and posthumous use exceptions requiring court orders (section 37)","Extensive cross-referencing to other ACT and Commonwealth laws (Human Cloning and Embryo Research Act, Criminal Code, Health Records Act, etc.)","Tiered information disclosure scheme with different access levels based on age (16-17 vs 18+) and counselling assessment status (sections 66, 66A, 67)","Transitional provisions (Part 12) creating parallel regulatory regimes for pre-commencement vs post-commencement gametes and embryos","Detailed enforcement powers including remote warrant applications (section 103) and seizure procedures with 72-hour examination limits (section 108)","Multiple record-keeping offences with strict liability elements (sections 46-48) and 50-year retention requirements","Family limits calculation requiring interstate coordination between ART providers (section 40)"],"plain_english_summary":"This Act regulates assisted reproductive technology in the ACT: it requires clinics to be registered and accredited, establishes a donor register so donor‑conceived people can learn genetic origins, sets consent rules for gamete donors, bans certain ethically problematic practices, mandates counselling, and empowers inspectors to enforce standards.\n\nIt affects anyone using or providing fertility services—patients, donors, donor‑conceived people, clinics and clinicians—and matters because it protects children’s right to know origins, safeguards donors and recipients, and promotes safety and ethical practice."}},"importantCases":[],"_links":{"self":"/api/acts/assisted-reproductive-technology-act-2024","history":"/api/acts/assisted-reproductive-technology-act-2024/history","analysis":"/api/acts/assisted-reproductive-technology-act-2024/analysis","conflicts":"/api/acts/assisted-reproductive-technology-act-2024/conflicts","importantCases":"/api/acts/assisted-reproductive-technology-act-2024/important-cases","documents":"/api/acts/assisted-reproductive-technology-act-2024/documents"}}