{"id":"BILL-WA-D6D8D70CFDCFFF4448258CE40024470A","name":"Assisted Reproductive Technology and Surrogacy Bill 2025","slug":"assisted-reproductive-technology-and-surrogacy-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-08-13","administeringDepartment":null,"currentVersion":{"id":446155,"registerId":"BILL-WA-D6D8D70CFDCFFF4448258CE40024470A:current","compilationNumber":null,"startDate":"2025-08-13","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:29.428Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Assisted Reproductive Technology and Surrogacy Bill 2025\n\n32—1 page i\nWestern Australia\nAssisted Reproductive Technology and\nSurrogacy Bill 2025\nContents\nPart 1 — Preliminary\nDivision 1 — Introduction\n1. Short title 2\n2. Commencement 2\n3. Act binds Crown 2\nDivision 2 — Objects and principles\n4. Objects of Act 3\n5. Principles 4\nDivision 3 — Interpretation\n6. Terms used 6\n7. ART services 9\n8. ART procedures 9\n9. Reproductive material and embryos 10\n10. Partners and couples 11\n11. Person’s or couple’s reproductive purposes 11\n12. Birth parent 12\n13. Contributing parents 12\n14. Intended parents 13\n15. Donor 13\n16. Surrogacy arrangement, surrogate, intended\nparents and overseas surrogacy arrangement 14\n17. 5 family worldwide limit 15\nPart 2 — ART services to be licensed\n18. What licence authorises 16\n19. Requirement to hold licence 16\n20. Provision of ART services restricted to licence\npremises 16\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage ii\nPart 3 — ART procedures\nDivision 1 — Access to ART procedures\n21. Access to ART procedures provided by licensee 18\nDivision 2 — Performing ART procedures\n22. Application of Division 18\n23. Appropriately qualified 19\n24. ART procedures to be performed or supervised by\nappropriately qualified persons 19\n25. Requirement for medical practitioner to certify\nART procedure is appropriate 20\n26. Performing ART procedures on children 21\n27. Exceeding 5 family worldwide limit 22\n28. Disclosure of information permitted to ensure\ncompliance with 5 family worldwide limit 23\n29. Authorising health practitioners to perform ART\nprocedures at other premises 23\nDivision 3 — Parentage of children\n30. Application of Division 24\n31. Child of pregnancy 24\n32. Parents of child of pregnancy resulting from ART\nprocedure 24\n33. Donor 25\n34. Deceased person 25\nDivision 4 — Record keeping and access to\ninformation\nSubdivision 1 — Licensee must keep records\n35. Licensee must keep required records 26\n36. Required records: ART procedures 26\n37. Required records: storage 27\n38. Required records: register of authorisations 28\n39. Licensee must give information to CEO for\nregister of identity and register of ART procedures 28\n40. Licensee must correct inaccurate information 29\n41. Confidentiality of information recorded under this\nDivision 29\n42. False or misleading records 30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage iii\nSubdivision 2 — Access to information\n43. Licensee must provide access to information 30\n44. Contact preferences 31\nPart 4 — Reproductive material and\nembryos\nDivision 1 — Rights over reproductive material\nand embryos\n45. Rights over reproductive material 33\n46. Rights over embryos 33\n47. Rights of donor over donated reproductive material\nor donated embryo 34\nDivision 2 — Consent\n48. Consent not required more than once 35\n49. Consent of person under 18 years of age 35\n50. Requirement for consent 35\n51. Requirements relating to counselling services and\ninformation to support informed consent 36\n52. Verification of identity of consent giver 37\n53. Collection, use and storage of reproductive\nmaterial 37\n54. Transfer procedure using reproductive material 38\n55. Creation of embryo 39\n56. Storage of embryo 39\n57. Allocation of donated embryo 39\n58. Use of embryo in embryo transfer procedure 40\n59. Amendment or withdrawal of consent 40\n60. Steps after withdrawal of consent 41\n61. Disputes and unforeseen circumstances relating to\nembryos 42\n62. Disposal or limited use of unviable material or\nunviable embryos 42\nDivision 3 — Genetic testing\n63. Limited genetic testing of embryos 43\n64. Prohibition on sex selection 44\n65. Approved conditions list 44\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage iv\nDivision 4 — Storage\n66. Appropriate storage of reproductive material and\nembryos 44\n67. Purposes for storage of reproductive material and\nembryos 45\n68. Period of storage for reproductive material 46\n69. Steps relating to end of storage period for\nreproductive material 46\n70. Period of storage for embryos 47\n71. Steps relating to end of storage period for embryos 48\nDivision 5 — Posthumous use of reproductive\nmaterial and embryos\nSubdivision 1 — Preliminary\n72. Purpose of Division 49\n73. Terms used 50\nSubdivision 2 — Permitted use of deceased person’s\nreproductive material and embryos\n74. Deceased person’s consent 51\n75. Limited use of reproductive material removed\nposthumously 52\n76. Surviving partner’s right in relation to deceased\nperson’s reproductive material or embryos for\nreproductive purposes 52\n77. No other rights in relation to reproductive material\nor embryos of deceased person 53\nSubdivision 3 — Obligations of licensees\n78. Use of deceased person’s reproductive material or\nembryos for surviving partner’s reproductive\npurposes 54\n79. Donation of deceased person’s reproductive\nmaterial or embryos 54\n80. Storage of deceased person’s reproductive material\nor embryos pending application to Board 55\n81. Disposal of deceased person’s reproductive\nmaterial or embryos 57\n82. Other storage and disposal of deceased person’s\nreproductive material and embryos 58\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage v\nSubdivision 4 — Board approval for use\n83. Board approval to use reproductive material or\nembryo of deceased person 59\n84. Decision to approve posthumous use of\nreproductive material or embryo 61\n85. Decision to refuse application 61\nDivision 6 — Transferring, exporting and\nimporting reproductive material and\nembryos\n86. Transferring reproductive material and embryos\nbetween licensees 61\n87. Exporting reproductive material and embryos 62\n88. Importing reproductive material and embryos 63\n89. Exemption from export or import requirements 63\n90. Export or import prohibited if 5 family worldwide\nlimit likely to be exceeded 64\n91. Prescribed requirements for exporting or importing\nreproductive material and embryos 64\nDivision 7 — Offences\n92. Prohibition on commercial trading in reproductive\nmaterial and embryos 65\n93. Restrictions on creating embryos 66\n94. Prohibition on cloning 66\n95. False or misleading information 66\nPart 5 — Registers maintained by\nCEO\nDivision 1 — Register of identity\n96. Register of identity 68\n97. Right of access to information in register of\nidentity 68\n98. Contact preferences 69\nDivision 2 — Register of ART procedures\n99. Register of ART procedures 70\n100. Disclosure and use of information 70\nDivision 3 — General\n101. Application of Division 71\n102. CEO must correct inaccurate information 71\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage vi\n103. CEO may direct licensee to provide information\nrequired for register 72\nPart 6 — Surrogacy\nDivision 1 — Preliminary\n104. Terms used 73\n105. What this Part is about 74\n106. When is surrogacy arrangement for reward 74\n107. What is a surrogacy expense 74\nDivision 2 — Surrogacy arrangements\n108. When is surrogacy arrangement valid 76\n109. Required contents of surrogacy arrangement 77\n110. Limited enforcement of surrogacy arrangement 77\n111. Entering surrogacy arrangement for reward\nprohibited 78\n112. Recruiting surrogates 78\nDivision 3 — Relationship plans\n113. What is a relationship plan 78\n114. Variation of relationship plan 79\n115. Family Court’s powers to deal with breach of\nrelationship plan 80\nDivision 4 — Transferring child’s parentage to\nintended parents\nSubdivision 1 — Preliminary\n116. When this Division applies and what it is about 80\n117. Child’s best interests paramount 81\n118. References to intended parents if only 1 intended\nparent applies for parentage order 81\nSubdivision 2 — Orders for transfer of child’s\nparentage generally\n119. Applying for parentage order 81\n120. Family Court may make parentage order 82\n121. Name of child 83\n122. Ancillary orders 84\n123. Effect of parentage order 84\n124. Finality of parentage order 85\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage vii\nSubdivision 3 — Orders for transfer of child’s\nparentage in particular circumstances\n125. Separation of intended parents 85\n126. Death of intended parent before application for\nparentage order 86\n127. Death of intended parent after application for\nparentage order 87\n128. Multiple births 87\nSubdivision 4 — Dispensing with requirements for\nmaking parentage orders\n129. Application of Subdivision 88\n130. Requirements to be met by surrogate 88\n131. Requirement for surrogacy arrangement to be valid 89\n132. Requirement for intended parents to have\nresponsibility for child’s day-to-day care 89\nSubdivision 5 — Discharge of parentage order\n133. Grounds for discharge 90\n134. Application for discharge order 90\n135. Intervening in application for discharge of\nparentage order 91\n136. Family Court may make discharge of parentage\norder 91\n137. Ancillary orders 92\n138. Effect of discharge of parentage order 92\nSubdivision 6 — Other provisions\n139. Relationships for laws relating to sexual offences 93\n140. Family Court to notify Registrar 94\nDivision 5 — Access to information\n141. Application of this Division or order under it 94\n142. Family Court order excluding access to\ninformation 95\n143. Access to certain Family Court records 96\n144. Access to registration of birth 97\n145. Portion of registration of birth not referring to\nparentage order 98\nDivision 6 — Family Court proceedings\n146. Application of Family Court Act 1997 98\n147. Family Court proceedings to be private 99\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage viii\nDivision 7 — Offences\n148. Territorial application 99\n149. Publishing certain information for surrogacy\narrangement for reward 100\n150. Coercing person to enter surrogacy arrangement 100\nPart 7 — Licensing of ART services\nDivision 1 — Preliminary\n151. What this Part is about 101\n152. Terms used 101\nDivision 2 — Application for licence\n153. Application for licence 103\n154. Requirements for application for licence 103\n155. Investigations related to considering an application 103\n156. Criteria for deciding application for licence 104\n157. Decision on application for licence 105\n158. Notice of decision on application for licence 105\n159. Grant of licence 106\nDivision 3 — Renewal of licence\n160. Application for renewal of licence 106\n161. Requirements for application for renewal of\nlicence 106\n162. Considering application for renewal of licence 106\n163. Decision on application for renewal of licence 107\n164. Notice of decision on application for renewal of\nlicence 107\n165. Renewal of licence 108\nDivision 4 — Variation of licence\n166. Application for variation of licence 108\n167. Requirements for application for variation of\nlicence 108\n168. Decision on application for variation of licence 109\n169. Notice of decision on application for variation of\nlicence 110\n170. Variation of licence 110\nDivision 5 — Other matters affecting licences\n171. Annual service fee 110\n172. Surrender of licence 110\n173. End of term of licence 111\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage ix\nDivision 6 — Investigations as to fit and proper\npersons\n174. Investigating whether person is fit and proper\nperson 112\nDivision 7 — Conditions on licences\n175. Conditions on licences 113\n176. Power to impose, amend or revoke discretionary\nconditions 114\nDivision 8 — Disciplinary action\nSubdivision 1 — Suspension with advance notice\n177. Grounds for suspending licence 115\n178. Show cause notice for proposed suspension 115\n179. Response to show cause notice 116\n180. Decision on suspension 116\n181. Ending suspension early 118\nSubdivision 2 — Immediate suspension\n182. Immediate suspension 118\n183. Ending suspension early 119\nSubdivision 3 — Cancellation\n184. Grounds for cancelling licence 120\n185. Show cause notice for proposed cancellation 121\n186. Response to show cause notice 121\n187. Decision on cancellation 121\nDivision 9 — Interim licensee\n188. Licensee unable to provide ART services 123\n189. Interim licensee to temporarily continue ART\nservices 123\nDivision 10 — Review of decisions\nSubdivision 1 — Internal reconsideration\n190. Terms used 124\n191. Decisions of CEO that may be reviewed 125\n192. Affected person may apply for reconsideration of\ndecision 126\n193. Decision on reconsideration 127\nSubdivision 2 — External review\n194. Application to State Administrative Tribunal for\nexternal review 128\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage x\nDivision 11 — Miscellaneous\n195. Provision of ART services by health service\nprovider 128\nDivision 12 — Offences\n196. Compliance with licence conditions 128\n197. Failure to comply with requirements imposed as\npart of disciplinary action or surrender 128\n198. Failure to notify reportable events 129\n199. Notice of changes affecting person with\nmanagement or control 129\n200. False or misleading information in licensing\napplication 130\n201. Advertising 130\n202. Embryo unviable due to failure to follow policies\nand procedures 130\n203. CEO may require licensee to publish or provide\ninformation 130\n204. Licensee to provide certain information if directed\nby CEO 131\nPart 8 — Investigation\nDivision 1 — Preliminary\n205. Terms used 132\nDivision 2 — Authorised officers\n206. Appointment of authorised officers 132\n207. CEO has functions of authorised officer 132\n208. Identity cards 133\n209. Production and display of identity card 133\n210. Limitation on powers of authorised officers 133\nDivision 3 — Investigations\n211. Investigations: purpose and procedure 134\n212. Entry powers 134\n213. Powers after entry for investigation 135\n214. Obtaining information and documents 137\n215. Use of force and assistance 138\n216. Obstruction 138\n217. Directions generally 139\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage xi\nDivision 4 — Entry warrants\n218. Warrant to enter place 139\n219. Issue of entry warrant 140\n220. Effect of entry warrant 140\n221. Execution of entry warrant 141\nDivision 5 — Seized things and forfeiture\n222. Forfeiture on conviction 141\n223. Disposal of seized and forfeited property 141\nPart 9 — Enforcement\nDivision 1 — Compliance notices\n224. CEO may give compliance notice for\ncontravention of Act 142\n225. Failure to comply with compliance notice 143\nDivision 2 — Liability of certain persons\n226. Liability of officers for offence by body corporate 143\n227. Liability of members of partnership for acts of\nother members of partnership 144\nDivision 3 — Legal proceedings\n228. Who may commence proceedings for simple\noffence 144\n229. Time limit for prosecution of simple offence 144\n230. Averments in prosecution documents 145\n231. Court to notify CEO of conviction of offence under\nAct 146\nPart 10 — Assisted Reproductive\nTechnology Advisory and\nReview Board\nDivision 1 — Establishment\n232. Board established 147\n233. Status 147\nDivision 2 — Functions and powers\n234. Functions of Board 147\n235. Powers of Board 148\nDivision 3 — Staff and assistance\n236. Staff and services 148\n237. Assistance 148\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage xii\nDivision 4 — Accountability\n238. Minister may give directions 148\n239. Minister to have access to information 149\nDivision 5 — Membership\n240. Membership of Board 150\n241. Chairperson and deputy chairperson 151\n242. Term of office 151\n243. Casual vacancies, resignation and removal from\noffice 151\n244. Extension of term of office during vacancy 152\n245. Remuneration of members 152\nDivision 6 — Board meetings\n246. Holding meetings 153\n247. Quorum 153\n248. Presiding member 153\n249. CEO or nominated representative may attend\nmeetings 153\n250. Procedure at meetings 153\n251. Voting 153\n252. Holding meetings remotely 154\n253. Resolution without meeting 154\n254. Minutes 154\nDivision 7 — Disclosure of interests\n255. Disclosure of material personal interest 154\n256. Voting by member with material personal interest 155\n257. Section 256 may be declared inapplicable 155\n258. Quorum in circumstances where member is\ndisqualified due to material personal interest 155\nDivision 8 — Committees\n259. Establishment of committees 156\n260. Directions to committee 156\n261. Committee to determine own procedures 156\n262. Remuneration of committee members 156\nDivision 9 — Review by State Administrative\nTribunal of Board’s decision\n263. Review of decision by Board 157\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage xiii\nDivision 10 — Miscellaneous\n264. Execution of documents by Board 157\n265. Board to give annual report to CEO regarding\nactivities of Board in previous financial year 157\n266. Protection from personal liability for torts 158\nPart 11 — Administration\n267. Confidentiality 159\n268. Delegation by CEO 160\n269. Approved forms 160\n270. Annual report on operation of Act 161\nPart 12 — Miscellaneous\n271. Regulations 163\n272. Regulations may adopt medical codes 164\n273. Review of Act 165\nPart 13 — Repeals\n274. Written laws repealed 166\nPart 14 — Transitional provisions\nDivision 1 — Preliminary\n275. Terms used 167\n276. Interpretation Act 1984 not affected 167\n277. Application to reproductive material collected, and\nembryos created, before commencement 167\nDivision 2 — Parentage of children of\npregnancies resulting from ART\nprocedures\n278. Recognition of parentage under repealed Artificial\nConception Act 1985 continues 167\nDivision 3 — Matters related to assisted\nreproductive technology procedures\n279. Existing consents 168\n280. Previous counselling 169\n281. Information provided before commencement day 169\n282. Existing approval of Council 169\n283. Pending applications for approval of Council 170","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage xiv\nDivision 4 — Licensing of assisted reproductive\ntechnology services\n284. Pending licence applications 170\n285. Existing licences 170\n286. Existing exemptions for certain procedures 171\n287. Existing interim authorisations 171\n288. Pending reviews 172\n289. Existing reviews in progress 172\n290. Existing and incomplete records 173\n291. Annual return 173\n292. Summary determinations 173\nDivision 5 — Surrogacy arrangements\n293. Terms used 175\n294. Pending parentage orders 175\n295. Pending applications under Surrogacy Act 2008 176\n296. Continuing court orders 176\n297. Application for parentage order for child born\nbefore commencement day 177\n298. Making parentage order: child born under local\nsurrogacy arrangement before commencement day 177\n299. Making parentage order: certain surrogacy\narrangements 178\nDivision 6 — Other transitional provisions\n300. Existing registers 178\n301. Western Australian Reproductive Technology\nCouncil abolished 178\n302. Transitional regulations 179\nPart 15 — Births, Deaths and\nMarriages Registration Act 1998\namended\n303. Act amended 181\n304. Section 4 amended 181\n305. Section 13 amended 182\n306. Section 14 amended 182\n307. Section 17A inserted 183\n17A. Registration of birth of donor-conceived\nperson 183\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage xv\n308. Section 18A inserted 184\n18A. Registration of deceased parent if child\nborn through posthumous use of\nreproductive material or embryo 184\n309. Section 19 amended 186\n310. Section 24 amended 186\n311. Section 25 amended 186\n312. Section 25A inserted 187\n25A. WA order: child born outside Australia 187\n313. Section 26 amended 188\n314. Section 26A inserted 188\n26A. Notes about surrogacy in Register 188\n315. Section 28 amended 189\n316. Section 40 amended 189\n317. Section 52 amended 189\n318. Section 57 amended 190\n319. Section 57A inserted 190\n57A. Certain people to be advised about further\ninformation relating to their birth 190\n320. Section 66 amended 191\n321. Section 68 amended 191\nPart 16 — Human Tissue and\nTransplant Act 1982 amended\n322. Act amended 192\n323. Section 3 amended 192\n324. Section 6 amended 192\n325. Section 21A replaced 193\n21A. Application of Part 193\n326. Part 3A inserted 193\nPart 3A — Removal of reproductive material after\ndeath\n24B. Purpose 193\n24C. Term used: licensee 194\n24D. Designated officer may authorise removal\nof reproductive material from bodies in\nhospital 194\n24E. Medical practitioners’ declaration required\nin cases of artificial respiration and blood\ncirculation 195\n24F. Coroner’s consent to removal of\nreproductive material in case of reportable\ndeath 196\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage xvi\n327. Section 29 replaced 197\n29. Part does not apply to trading regulated\nunder Assisted Reproductive Technology\nand Surrogacy Act 2025 197\n328. Section 30A amended 197\n329. Section 33 amended 198\n330. Section 34 amended 198\nPart 17 — Consequential\namendments to other Acts\nDivision 1 — Administration Act 1903 amended\n331. Act amended 200\n332. Section 12A amended 200\nDivision 2 — Adoption Act 1994 amended\n333. Act amended 200\n334. Section 4 amended 200\n335. Section 4A amended 201\n336. Section 17 amended 201\n337. Section 21 amended 201\n338. Section 26C amended 202\nDivision 3 — Children and Community Services\nAct 2004 amended\n339. Act amended 202\n340. Section 104 amended 202\nDivision 4 — Constitution Acts Amendment\nAct 1899 amended\n341. Act amended 202\n342. Schedule V amended 203\nDivision 5 — Criminal Code Act Compilation\nAct 1913 amended\n343. Act amended 203\n344. Section 343 amended 203\nDivision 6 — Family Court Act 1997 amended\n345. Act amended 203\n346. Section 5 amended 204\n347. Section 36 amended 204\n348. Section 39 amended 204\n349. Section 133 amended 204\n350. Section 135 amended 205\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nContents\npage xvii\n351. Section 136 amended 205\n352. Section 141 amended 206\n353. Section 205T amended 206\nDivision 7 — Family Provision Act 1972\namended\n354. Act amended 206\n355. Section 4 amended 206\nDivision 8 — Fatal Accidents Act 1959 amended\n356. Act amended 207\n357. Section 6 amended 207\nDivision 9 — Freedom of Information Act 1992\namended\n358. Act amended 207\n359. Schedule 1 clause 13 amended 207\nDivision 10 — Guardianship and Administration\nAct 1990 amended\n360. Act amended 207\n361. Section 45 amended 208\nDivision 11 — Interpretation Act 1984 amended\n362. Act amended 208\n363. Section 5 amended 208\nDivision 12 — Privacy and Responsible\nInformation Sharing Act 2024 amended\n364. Act amended 209\n365. Section 158 amended 209\nDivision 13 — Property Law Act 1969 amended\n366. Act amended 209\n367. Section 31A amended 209\nDivision 14 — Wills Act 1970 amended\n368. Act amended 210\n369. Section 31 amended 210\nDefined terms\n\npage 1\nWestern Australia\nLEGISLATIVE ASSEMBLY\nAssisted Reproductive Technology and\nSurrogacy Bill 2025\nA Bill for\nAn Act —\n• about the provision of assisted reproductive technology services\nand arrangements for surrogacy and related matters; and\n• to establish the Assisted Reproductive Technology Advisory and\nReview Board; and\n• to repeal the Artificial Conception Act 1985, the Human\nReproductive Technology Act 1991, the Human Reproductive\nTechnology Regulations 1993, the Surrogacy Act 2008 and the\nSurrogacy Regulations 2009 and to revoke the Human\nReproductive Technology Directions 2021 and the Surrogacy\nDirections 2022; and\n• to make consequential and related amendments to other Acts.\nThe Parliament of Western Australia enacts as follows:\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 1 Preliminary\nDivision 1 Introduction\ns. 1\npage 2\nPart 1 — Preliminary1\nDivision 1 — Introduction2\n1. Short title3\nThis is the Assisted Reproductive Technology and Surrogacy4\nAct 2025.5\n2. Commencement6\nThis Act comes into operation as follows —7\n(a) Part 1 Division 1 — on the day on which this Act8\nreceives the Royal Assent (assent day);9\n(b) Part 17 Division 12 —10\n(i) if the Privacy and Responsible Information11\nSharing Act 2024 section 158 comes into12\noperation on or before assent day — on the day13\nafter assent day; or14\n(ii) otherwise — immediately after the Privacy and15\nResponsible Information Sharing Act 202416\nsection 158 comes into operation;17\n(c) the rest of the Act — on a day fixed by proclamation,18\nand different days may be fixed for different provisions.19\n3. Act binds Crown20\nThis Act binds the Crown in right of Western Australia and, so21\nfar as the legislative power of the Parliament permits, the Crown22\nin all its other capacities.23\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPreliminary Part 1\nObjects and principles Division 2\ns. 4\npage 3\nDivision 2 — Objects and principles1\n4. Objects of Act2\nThe objects of this Act are —3\n(a) to regulate the provision of assisted reproductive4\ntechnology services to ensure that the services are5\nprovided in accordance with best practices, including6\nby —7\n(i) requiring the providers of services to be licensed;8\nand9\n(ii) requiring information about assisted reproductive10\ntechnology services to be collected and kept; and11\n(iii) requiring information relating to donor12\nconception to be made available to persons who13\nare entitled to access it under this Act or another14\nwritten law;15\nand16\n(b) to regulate particular matters relating to surrogacy17\narrangements, including by —18\n(i) prohibiting surrogacy arrangements for reward;19\nand20\n(ii) establishing procedures to ensure the parties to a21\nsurrogacy arrangement understand its nature and22\nimplications; and23\n(iii) providing for the circumstances in which the24\nFamily Court can transfer the parentage of a25\nchild born under a surrogacy arrangement; and26\n(iv) requiring information relating to surrogacy27\narrangements and the transfer of parentage to be28\nrecorded and made available to persons who are29\nentitled to access it under this Act or another30\nwritten law;31\nand32\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 1 Preliminary\nDivision 2 Objects and principles\ns. 5\npage 4\n(c) to support research related to —1\n(i) the incidence, causes and prevention of2\ninfertility; and3\n(ii) assisted reproductive technology, including, for4\nexample, the impact of assisted reproductive5\ntechnology procedures on the health outcomes of6\npersons who undergo the procedures and persons7\nborn of pregnancies achieved as a result of the8\nprocedures;9\nand10\n(d) to establish the Assisted Reproductive Technology11\nAdvisory and Review Board to provide advice and12\nsupport governance and oversight of assisted13\nreproductive technology services in the State.14\n5. Principles15\n(1) This section applies to —16\n(a) a person performing a function under this Act; and17\n(b) a person who provides assisted reproductive technology18\nservices under a licence under this Act.19\n(2) The person must have regard to the following principles in20\nperforming the function or providing the service —21\n(a) the wellbeing and best interests (including the physical,22\nemotional and mental health, safety and rights) of23\npersons born as the result of assisted reproductive24\ntechnology or surrogacy arrangements are paramount;25\n(b) the wellbeing and best interests (including the physical,26\nemotional and mental health, safety and rights) of27\npersons who become pregnant, or try to become28\npregnant, as a result of assisted reproductive technology29\nor surrogacy arrangements are the next most paramount30\nconsideration;31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPreliminary Part 1\nObjects and principles Division 2\ns. 5\npage 5\n(c) the physical, emotional and mental health, wellbeing1\nand safety of persons provided with assisted2\nreproductive technology services or who participate in3\nsurrogacy arrangements (including donors, contributing4\nparents and intended parents) should be protected;5\n(d) informed consent should be obtained from all persons6\nprovided with assisted reproductive technology services7\nbefore the services are provided;8\n(e) informed agreement should be obtained from all persons9\nwho enter into a surrogacy arrangement before a child is10\nconceived under the arrangement;11\n(f) persons provided with assisted reproductive technology12\nservices must not be subjected to unlawful13\ndiscrimination, including, for example, discrimination14\nbased on sexual orientation, relationship status, gender15\nidentity, disability, race or religion;16\n(g) trade in the reproductive capabilities of persons and the17\nexploitation of people for commercial purposes in18\nrelation to their reproductive capabilities is not19\nacceptable;20\n(h) persons born as the result of assisted reproductive21\ntechnology or under a surrogacy arrangement have the22\nright to information, if available, about their genetic and23\nbiological heritage and the circumstances of their birth,24\nincluding donors and birth parents (including25\nsurrogates);26\n(i) assisted reproductive technology services provided by27\nlicensees should —28\n(i) be transparent and open to scrutiny; and29\n(ii) protect the privacy of all persons who contribute30\nto or benefit from the services; and31\n(iii) be safe and human-centred; and32\n(iv) foster continuous improvement in safety and33\nquality; and34\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 1 Preliminary\nDivision 3 Interpretation\ns. 6\npage 6\n(v) be underpinned by policies that support effective1\nand efficient practices and minimise2\ninterventions not supported by evidence of3\nsuccessful clinical outcomes.4\nDivision 3 — Interpretation5\n6. Terms used6\nIn this Act —7\n5 family worldwide limit has the meaning given in section 17;8\nappropriately qualified has the meaning given in section 23;9\napproved form means a form approved under section 269(1);10\nART participant means a person who undergoes, or is to11\nundergo, an ART procedure;12\nART procedure has the meaning given in section 8(1) and (2);13\nART service has the meaning given in section 7;14\nauthorised officer means a person appointed under15\nsection 206(1) as an authorised officer;16\nauthorised practitioner has the meaning given in section 29(1);17\nbirth parent has the meaning given in section 12;18\nBoard means the Assisted Reproductive Technology Advisory19\nand Review Board established under section 232;20\nCEO means the chief executive officer of the Department;21\ncompliance notice has the meaning given in section 224(2);22\nconsent, of a person, means consent given by the person to do23\nsomething in relation to reproductive material or an embryo that24\nwould be required for a licensee to do the thing under25\nsection 50(2);26\ncontributing parent has the meaning given in section 13;27\ncorresponding law means a written law of another jurisdiction28\nthat regulates the provision of ART services or performance of29\nART procedures;30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPreliminary Part 1\nInterpretation Division 3\ns. 6\npage 7\ncouple has the meaning given in section 10(2);1\nDepartment means the department of the Public Service2\nprincipally assisting in the administration of this Act;3\ndisciplinary action means suspending or cancelling a licence4\nunder Part 7 Division 8;5\ndonated reproductive material has a meaning affected by6\nsection 15(3)(b);7\ndonor —8\n(a) in relation to reproductive material or an embryo — has9\nthe meaning given in section 15; or10\n(b) in relation to a donor-conceived person — means a11\ndonor of reproductive material used in the ART12\nprocedure, or to create an embryo used in the ART13\nprocedure, that resulted in the donor-conceived person’s14\nbirth;15\nNote for this definition:16\nA person is a donor of reproductive material used in an ART procedure17\nif the person’s donated reproductive material is used to create an18\nembryo used in the ART procedure. See section 15(3)(a).19\ndonor-conceived person means a person born as a result of an20\nART procedure that used donated reproductive material or a21\ndonated embryo;22\nembryo has the meaning given in section 9(3) and (4);23\nNote for this definition:24\nAlso see section 73(1) for the meaning of embryo in relation to a25\ndeceased person.26\ngenetic testing, of an embryo, includes removing cells from the27\nembryo to enable genetic testing of the cells;28\nhealth practitioner means a person who is registered under the29\nHealth Practitioner Regulation National Law (Western30\nAustralia) to practise in a health profession;31\nhealth service has the meaning given in the Health Services32\nAct 2016 section 7;33\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 1 Preliminary\nDivision 3 Interpretation\ns. 6\npage 8\nhealth service provider means a health service provider1\nestablished by an order made under the Health Services2\nAct 2016 section 32(1)(b);3\nintended parent —4\n(a) in relation to reproductive material, an embryo or a5\nchild — has the meaning given in section 14; and6\n(b) in relation to a surrogacy arrangement — has the7\nmeaning given in section 16;8\nlicence means a licence to provide an ART service issued under9\nPart 7;10\nlicensee means a person who holds a licence;11\nmedical practitioner means a person registered under the12\nHealth Practitioner Regulation National Law (Western13\nAustralia) in the medical profession;14\nmember means a member of the Board;15\noverseas surrogacy arrangement has the meaning given in16\nsection 16(2);17\nparentage order has the meaning given in section 116(2)(a);18\npartner, of a person, has the meaning given in section 10(1);19\nperform, in relation to an ART procedure, means to administer,20\nconduct or deliver the procedure;21\npersonal information has the meaning given in the Privacy and22\nResponsible Information Sharing Act 2024 section 4;23\nprescribed means prescribed by regulations made under this24\nAct;25\nprescribed storage period, in relation to reproductive material26\nor an embryo, means the period prescribed as the maximum27\nperiod for which reproductive material or an embryo can be28\nstored;29\nprocedure includes treatment;30\nregister of identity has the meaning given in section 96(1);31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPreliminary Part 1\nInterpretation Division 3\ns. 7\npage 9\nreproductive material has the meaning given in section 9(1);1\nNote for this definition:2\nAlso see section 73(1) for the meaning of reproductive material in3\nrelation to a deceased person.4\nstill-born child has the meaning given in the Births, Deaths and5\nMarriages Registration Act 1998 section 4;6\nsurrogacy arrangement has the meaning given in section 16;7\nsurrogate has the meaning given in section 16;8\nsurviving partner, of a deceased person, means the person who9\nwas the deceased person’s partner immediately before the10\nperson died;11\nterm, of a licence, means the period for which the licence has12\neffect;13\ntime-sensitive ART procedure means an ART procedure in14\nprogress that would be adversely affected if it were suddenly15\nstopped or delayed.16\n7. ART services17\nAn ART service is a service provided for fee or reward, or in18\ncarrying on a business (whether or not for profit), in which —19\n(a) ART procedures are performed; or20\n(b) reproductive material collected, or embryos created, for21\na purpose related to ART procedures are stored.22\n8. ART procedures23\n(1) An ART procedure is any of the following —24\n(a) a procedure that involves the collection of reproductive25\nmaterial for use, or possible future use, in a procedure26\nmentioned in paragraph (b), (c) or (d);27\n(b) a procedure performed using reproductive material to28\ncreate an embryo;29","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 1 Preliminary\nDivision 3 Interpretation\ns. 9\npage 10\n(c) a procedure performed using reproductive material or an1\nembryo to achieve, or attempt to achieve, a pregnancy;2\n(d) a procedure prescribed to be an ART procedure.3\n(2) Self-insemination is not an ART procedure.4\n(3) In subsection (2) —5\nself-insemination means a procedure in which collected semen6\nis transferred into a person’s body for the purpose of the person7\nbecoming pregnant —8\n(a) performed by the person or someone else assisting the9\nperson; and10\n(b) performed other than —11\n(i) as a medical or clinical procedure; or12\n(ii) for fee or reward, or in carrying on a business13\n(whether or not for profit).14\n(4) In a provision about an ART procedure —15\n(a) a reference to a licence is a reference to the licence that16\nauthorises the provision of the ART service as part of17\nwhich the ART procedure is performed; and18\n(b) a reference to a licensee is a reference to the person who19\nholds the licence mentioned in paragraph (a).20\n9. Reproductive material and embryos21\n(1) Material taken from a human body for the purpose of being used22\nto conceive or create an embryo is reproductive material.23\n(2) Examples of reproductive material under subsection (1)24\ninclude —25\n(a) a reproductive cell, called a gamete, including26\nspermatozoon (sperm) and oocyte (an egg); and27\n(b) tissue containing a gamete.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPreliminary Part 1\nInterpretation Division 3\ns. 10\npage 11\n(3) An embryo is a discrete entity that —1\n(a) has arisen from either —2\n(i) the first mitotic division when fertilisation of a3\nhuman egg by a human sperm is complete; or4\n(ii) any other process that initiates organised5\ndevelopment of a biological entity with a human6\nnuclear genome or an altered human nuclear7\ngenome that has the potential to develop up to, or8\nbeyond, the stage at which the primitive streak9\nappears;10\nand11\n(b) has not yet reached 8 weeks of development since the12\nfirst mitotic division.13\n(4) In this Act, a reference to an embryo is a reference to an embryo14\nas defined in subsection (3) created outside a human body as a15\nresult of an ART procedure.16\n(5) However, the reference in subsection (1) to an embryo being17\nconceived includes a reference to an embryo being conceived18\ninside a human body as a result of an ART procedure.19\n10. Partners and couples20\n(1) A person is the partner of another person if the persons are21\nmarried to each other or in a de facto relationship.22\n(2) Two persons who are married to each other or in a de facto23\nrelationship are a couple.24\n11. Person’s or couple’s reproductive purposes25\n(1) An ART procedure is performed for a person’s or couple’s26\nreproductive purposes if the procedure is performed for the27\npurpose of the person becoming a parent, or the couple jointly28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 1 Preliminary\nDivision 3 Interpretation\ns. 12\npage 12\nbecoming the parents, of a child of a pregnancy, were a1\npregnancy to be achieved —2\n(a) as a result of the ART procedure; or3\n(b) as a result of another ART procedure that uses4\nreproductive material collected or an embryo created in5\nthe ART procedure.6\n(2) Reproductive material is collected, or an embryo is created, for7\na person’s or couple’s reproductive purposes if the ART8\nprocedure to collect the material or create the embryo is9\nperformed for the person’s or couple’s reproductive purposes.10\n(3) Reproductive material or an embryo that has been donated is11\nallocated to a person or couple for their reproductive purposes12\nif a licensee allocates the donated material or donated embryo13\nfor the person or couple to use in ART procedures to be14\nperformed for their reproductive purposes.15\n12. Birth parent16\n(1) The birth parent of a child is the person who gives birth to the17\nchild.18\n(2) Subsection (1) applies —19\n(a) regardless of whether the person is a contributing parent20\nof the child; and21\n(b) even if the child is born under a surrogacy arrangement.22\n13. Contributing parents23\nA person is a contributing parent —24\n(a) in relation to reproductive material — if the25\nreproductive material was collected from the person for26\nthe person’s reproductive purposes; and27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPreliminary Part 1\nInterpretation Division 3\ns. 14\npage 13\n(b) in relation to a child — if the child is born as a result of1\nan ART procedure performed for the person’s2\nreproductive purposes using —3\n(i) the person’s reproductive material; or4\n(ii) an embryo created using the person’s5\nreproductive material.6\n14. Intended parents7\n(1) A person, or each person in a couple, is an intended parent in8\nrelation to reproductive material if —9\n(a) the person is the contributing parent of the reproductive10\nmaterial; or11\n(b) the reproductive material is donated and a licensee12\nallocates the material to the person or couple for their13\nreproductive purposes.14\n(2) A person, or each person in a couple, is an intended parent of15\nan embryo if —16\n(a) the embryo is created for the person’s or couple’s17\nreproductive purposes; or18\n(b) the embryo is donated and a licensee allocates the19\nembryo to the person or couple for their reproductive20\npurposes.21\n(3) If an ART procedure is performed for a person’s or couple’s22\nreproductive purposes, the person, or each person in the couple,23\nis an intended parent in relation to the ART procedure.24\n15. Donor25\n(1) This section applies if —26\n(a) reproductive material is collected from a person; or27\n(b) a person is an intended parent of an embryo.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 1 Preliminary\nDivision 3 Interpretation\ns. 16\npage 14\n(2) The person is a donor of the reproductive material or an embryo1\nif the person donates the material or embryo to be used other2\nthan for the person’s reproductive purposes.3\n(3) In this Act —4\n(a) a reference to a donor of reproductive material used in5\nan ART procedure includes a reference to a person who6\ndonated reproductive material used to create an embryo7\nused in the ART procedure; and8\n(b) a reference to donated reproductive material includes a9\nreference to an embryo created using donated10\nreproductive material.11\n(4) A person stops being a contributing parent in relation to12\nreproductive material, or an intended parent of an embryo, and13\nbecomes a donor of the reproductive material or embryo if the14\nperson donates it for use as described in subsection (2).15\n16. Surrogacy arrangement, surrogate, intended parents and16\noverseas surrogacy arrangement17\n(1) A surrogacy arrangement is an arrangement between a person18\n(a surrogate) and another person (an intended parent) or a19\ncouple (each person in the couple is an intended parent) under20\nwhich they agree —21\n(a) the surrogate is to become, or try to become, pregnant22\nand give birth to a child of the pregnancy; and23\n(b) each intended parent is to be a parent of, and to raise, a24\nchild of the pregnancy.25\n(2) A surrogacy arrangement under subsection (1) includes an26\narrangement (an overseas surrogacy arrangement) under which27\nthe surrogate lives, and the child is to be born, outside Australia.28\nNote for this subsection:29\nSee section 120(1)(c) for the requirement for the intended parents30\nunder a surrogacy arrangement to live in the State for an order31\ntransferring the parentage of a child born under the arrangement to the32\nintended parents to be made.33\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPreliminary Part 1\nInterpretation Division 3\ns. 17\npage 15\n(3) There may be other parties to a surrogacy arrangement,1\nincluding, for example, the surrogate’s partner.2\n(4) In this Act —3\n(a) in a provision about a surrogacy arrangement or a child4\nborn under a surrogacy arrangement —5\n(i) a reference to the surrogate is a reference to the6\nperson who is the surrogate under the7\narrangement; and8\n(ii) a reference to the intended parent is a reference9\nto each person who is an intended parent under10\nthe arrangement;11\nand12\n(b) in a provision about a parentage order for a child —13\n(i) a reference to the surrogate is a reference to the14\nperson who gave birth to the child; and15\n(ii) a reference to the intended parent is a reference16\nto each person who applied for the order or is17\nnamed in the order as a parent of the child.18\n17. 5 family worldwide limit19\n(1) The 5 family worldwide limit is the principle that no more than20\n5 families worldwide should be related through the same donor,21\nexcluding the donor’s own family.22\n(2) The 5 family worldwide limit does not limit the number of23\nchildren for any family, regardless of how many of those24\nchildren are related through the same donor.25\n(3) For the purposes of this section, children are related through the26\nsame donor only if the children were conceived using27\nreproductive material donated by the same donor.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 2 ART services to be licensed\ns. 18\npage 16\nPart 2 — ART services to be licensed1\n18. What licence authorises2\nA licence authorises the licensee to provide the ART service3\nstated in the licence at the premises stated in the licence.4\n19. Requirement to hold licence5\n(1) A person must not provide an ART service unless the person is6\nlicensed to provide the ART service.7\nPenalty for this subsection: a fine of $50 000.8\n(2) This section does not apply to a person who —9\n(a) provides an ART service as an employee of a licensee;10\nor11\n(b) provides an ART service, continues time-sensitive ART12\nprocedures or continues to store reproductive material or13\nembryos as required by the CEO after the surrender, end14\nof term, suspension or cancellation of a licence.15\n20. Provision of ART services restricted to licence premises16\n(1) A licensee must not provide an ART service at premises other17\nthan premises stated on its licence.18\nPenalty for this subsection: a fine of $50 000.19\n(2) Subsection (1) does not apply to a licensee in relation to an20\nART procedure performed for the licensee —21\n(a) by an authorised practitioner at the premises specified in22\nthe authorisation given to the practitioner under23\nsection 29(1); or24\n(b) in a hospital.25\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nART services to be licensed Part 2\ns. 20\npage 17\nExamples for this subsection:1\nFor the purposes of paragraph (b), ART procedures that may be2\nperformed in a hospital include —3\n(a) the collection of reproductive material from a person4\nundergoing treatment that is likely to affect the person’s fertility;5\nand6\n(b) the posthumous collection of reproductive material under the7\nHuman Tissue and Transplant Act 1982 Part 3A.8\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 3 ART procedures\nDivision 1 Access to ART procedures\ns. 21\npage 18\nPart 3 — ART procedures1\nDivision 1 — Access to ART procedures2\n21. Access to ART procedures provided by licensee3\n(1) A person may access an ART procedure performed, or to be4\nperformed, as part of an ART service provided by a licensee if a5\nmedical practitioner certifies that the procedure is appropriate6\nfor the person, having considered the person’s current, and7\nlikely future, physical, psychological and social circumstances.8\n(2) However, a person under 18 years of age can access an ART9\nprocedure only if —10\n(a) there is a reasonable risk of the person becoming11\ninfertile before becoming an adult; and12\n(b) the procedure is to collect reproductive material for the13\npurpose of storing it for the person’s future use.14\nNote for this subsection:15\nSee also section 26 in relation to the collection of reproductive material16\nfrom children.17\n(3) Subsection (1) does not apply to a person who accesses an ART18\nprocedure for the purpose of being a donor of reproductive19\nmaterial.20\nDivision 2 — Performing ART procedures21\n22. Application of Division22\nThis Division applies to an ART procedure performed as part of23\nan ART service provided by a licensee.24\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nART procedures Part 3\nPerforming ART procedures Division 2\ns. 23\npage 19\n23. Appropriately qualified1\n(1) In this section —2\nhealth profession and recognised specialty have the meanings3\ngiven in the Health Practitioner Regulation National Law4\n(Western Australia) section 5.5\n(2) A person is appropriately qualified to perform an ART6\nprocedure only if —7\n(a) in the case that performing the ART procedure falls8\nwithin the practice of a particular health profession or a9\nrecognised specialty in a health profession — the person10\nis registered under the Health Practitioner Regulation11\nNational Law (Western Australia) to practise in that12\nhealth profession or that recognised specialty; or13\n(b) in the case that a specific qualification or experience is14\nprescribed as a requirement to perform the ART15\nprocedure — the person has the prescribed qualification16\nor experience; or17\n(c) in the case that a class of persons is prescribed as18\npersons who are qualified to perform the ART19\nprocedure — the person is a member of the prescribed20\nclass; or21\n(d) otherwise — the person has the qualifications,22\nknowledge and experience necessary to lawfully and23\nsafely perform the procedure.24\n24. ART procedures to be performed or supervised by25\nappropriately qualified persons26\n(1) A licensee commits an offence if —27\n(a) an ART procedure is performed by a person who the28\nlicensee knows, or ought to have known, is not29\nappropriately qualified to perform the procedure; and30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 3 ART procedures\nDivision 2 Performing ART procedures\ns. 25\npage 20\n(b) the performance of the ART procedure is not supervised1\nby a person who is appropriately qualified to perform2\nthe procedure.3\nPenalty for this subsection: imprisonment for 2 years and a fine4\nof $50 000.5\n(2) A licensee commits an offence if the performance of an ART6\nprocedure is supervised by a person who the licensee knows, or7\nought to have known, is not appropriately qualified to perform8\nthe procedure.9\nPenalty for this subsection: imprisonment for 2 years and a fine10\nof $50 000.11\n(3) A person must not perform an ART procedure unless the12\nperson —13\n(a) is appropriately qualified to perform the ART14\nprocedure; or15\n(b) while performing the ART procedure, is supervised by a16\nperson who is appropriately qualified to perform the17\nART procedure.18\nPenalty for this subsection: imprisonment for 2 years and a fine19\nof $50 000.20\n(4) A person must not supervise another person performing an ART21\nprocedure unless the person is appropriately qualified to22\nperform the ART procedure.23\nPenalty for this subsection: imprisonment for 2 years and a fine24\nof $50 000.25\n25. Requirement for medical practitioner to certify ART26\nprocedure is appropriate27\n(1) A licensee commits an offence if —28\n(a) a person undergoes an ART procedure; and29\n(b) in relation to the person and each person who is an30\nintended parent in relation to the procedure, a medical31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nART procedures Part 3\nPerforming ART procedures Division 2\ns. 26\npage 21\npractitioner has not certified that the medical1\npractitioner —2\n(i) has considered the matters mentioned in3\nsection 21(1) in relation to the person; and4\n(ii) considers the ART procedure is appropriate for5\nthe person.6\nPenalty for this subsection: imprisonment for 2 years and a fine7\nof $50 000.8\n(2) A person must not perform an ART procedure on a person9\nunless, in relation to the person and each person who is an10\nintended parent in relation to the procedure, a medical11\npractitioner has certified that the medical practitioner —12\n(a) has considered the matters mentioned in section 21(1) in13\nrelation to the person; and14\n(b) considers the ART procedure is appropriate for the15\nperson.16\nPenalty for this subsection: imprisonment for 2 years and a fine17\nof $50 000.18\n(3) Subsections (1) and (2) do not apply in relation to an ART19\nprocedure performed on a person for the purpose of the person20\nbeing a donor of reproductive material.21\n26. Performing ART procedures on children22\n(1) A licensee commits an offence if an ART procedure is23\nperformed on a person who is under 18 years of age.24\nPenalty for this subsection: imprisonment for 2 years and a fine25\nof $50 000.26\n(2) A person must not perform an ART procedure on a person who27\nis under 18 years of age.28\nPenalty for this subsection: imprisonment for 2 years and a fine29\nof $50 000.30","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 3 ART procedures\nDivision 2 Performing ART procedures\ns. 27\npage 22\n(3) Subsections (1) and (2) do not apply to an ART procedure to1\ncollect reproductive material from a person if —2\n(a) a medical practitioner has certified that there is a3\nreasonable risk of the person becoming infertile before4\nbecoming an adult; and5\n(b) the procedure is performed for the purpose of storing the6\nreproductive material collected for the person’s future7\nuse.8\n(4) A licensee commits an offence if reproductive material9\ncollected from a person when the person was under 18 years of10\nage is used in an ART procedure before the person reaches11\n18 years of age.12\nPenalty for this subsection: imprisonment for 2 years and a fine13\nof $50 000.14\n27. Exceeding 5 family worldwide limit15\n(1) A licensee commits an offence if —16\n(a) donated reproductive material or a donated embryo is17\nused in an ART procedure; and18\n(b) the licensee knows, or ought to have known, that using19\nthe reproductive material or embryo in the procedure is20\nlikely to result in the 5 family worldwide limit being21\nexceeded.22\nPenalty for this subsection: a fine of $50 000.23\n(2) Subsection (1) does not apply if the Board approves the 5 family24\nworldwide limit being exceeded in relation to a specified donor25\nand a specified ART participant or intended parent.26\n(3) A licensee may apply to the Board for approval to exceed the27\n5 family worldwide limit in relation to a donor and an ART28\nparticipant or intended parent.29\n(4) The Board may decide to give the approval or to refuse the30\napplication.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nART procedures Part 3\nPerforming ART procedures Division 2\ns. 28\npage 23\n28. Disclosure of information permitted to ensure compliance1\nwith 5 family worldwide limit2\n(1) This section applies if a licensee (the first licensee) is3\nundertaking due diligence for the purpose of complying with4\nsection 27 in relation to a particular donor.5\n(2) The first licensee may give information about the identity of the6\ndonor to another licensee for the purpose of asking the other7\nlicensee for information relevant to determining the number of8\nfamilies worldwide related through the donor.9\n(3) In response to the request from the first licensee, the other10\nlicensee may give the first licensee information it has about11\nART procedures, and donated reproductive material or donated12\nembryos, relevant to determining the number of families13\nworldwide related through the donor.14\n(4) In this section, a reference to another licensee includes a15\nreference to a person who lawfully provides ART services16\noutside the State.17\n29. Authorising health practitioners to perform ART18\nprocedures at other premises19\n(1) The licensee may, in writing, authorise a health practitioner (an20\nauthorised practitioner) to perform an ART procedure for the21\nlicensee at premises, other than premises stated on the licensee’s22\nlicence, specified in the authorisation.23\n(2) An authorisation can only be given under subsection (1) if —24\n(a) the ART procedure is, under the regulations, an ART25\nprocedure in respect of which an authorisation may be26\ngiven; and27\n(b) the authorised practitioner is appropriately qualified to28\nperform the procedure; and29\n(c) the specified premises are in the State and comply with30\nany prescribed requirements.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 3 ART procedures\nDivision 3 Parentage of children\ns. 30\npage 24\n(3) This section does not relieve the licensee from any1\nresponsibility under this Act in relation to the ART procedure or2\naffect what may be done under this Act in relation to the3\nprocedure, including, for example, taking disciplinary action4\nagainst the licensee.5\nDivision 3 — Parentage of children6\n30. Application of Division7\n(1) This Division —8\n(a) establishes the parentage of a child of a pregnancy9\nachieved as a result of an ART procedure for the10\npurposes of any written law; and11\n(b) applies regardless of whether the ART procedure was12\nperformed, or the child was born, in or outside of the13\nState.14\n(2) For the purposes of proceedings in any court, a statement in this15\nDivision about a matter is conclusive evidence of the matter16\nunless otherwise stated.17\n31. Child of pregnancy18\n(1) A reference in this Division to a child of a pregnancy includes a19\nreference to any child of the pregnancy, including —20\n(a) an unborn child; and21\n(b) a still-born child.22\n(2) The reference in section 30(1)(b) to a child includes a reference23\nto a still-born child.24\n32. Parents of child of pregnancy resulting from ART25\nprocedure26\n(1) A person who becomes pregnant as a result of an ART27\nprocedure is the parent of a child of the pregnancy, whether or28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nART procedures Part 3\nParentage of children Division 3\ns. 33\npage 25\nnot the person contributed reproductive material used in the1\nprocedure or to create an embryo used in the procedure.2\n(2) The person’s partner is also the parent of a child of the3\npregnancy —4\n(a) if the ART procedure that resulted in the pregnancy was5\nperformed for the reproductive purposes of the person6\nand partner; and7\n(b) whether or not the partner contributed reproductive8\nmaterial used in the procedure or to create an embryo9\nused in the procedure.10\n(3) For the purposes of subsection (2) —11\n(a) it is presumed that the ART procedure was performed12\nfor the reproductive purposes of the person and the13\npartner; and14\n(b) the presumption in paragraph (a) may be rebutted by15\nevidence to the contrary.16\n(4) The partner’s status as a parent of the child is not affected if,17\nbefore the child is born —18\n(a) the marriage or de facto relationship of the partner and19\nthe person who became pregnant with the child ends; or20\n(b) the partner dies.21\n33. Donor22\nA donor of reproductive material or an embryo is not a parent of23\na child of a pregnancy achieved as a result of an ART procedure24\nthat uses the reproductive material or embryo.25\n34. Deceased person26\n(1) This section applies if a pregnancy is achieved as a result of an27\nART procedure that uses the reproductive material or an embryo28\nof a deceased person (as those terms are defined in29\nsection 73(1)).30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 3 ART procedures\nDivision 4 Record keeping and access to information\ns. 35\npage 26\n(2) The deceased person is a parent of the child of the pregnancy1\nunder section 32(2) only if the ART procedure is performed —2\n(a) in accordance with section 78; or3\n(b) in another jurisdiction in accordance with a written law4\nof that jurisdiction.5\nDivision 4 — Record keeping and access to information6\nSubdivision 1 — Licensee must keep records7\n35. Licensee must keep required records8\nA licensee must keep, for the prescribed period, a record of the9\ninformation the licensee is required to keep under this10\nSubdivision.11\nPenalty: a fine of $50 000.12\n36. Required records: ART procedures13\n(1) This section applies if a licensee provides ART services that14\ninclude performing ART procedures.15\n(2) The licensee must keep the following information about each16\nART procedure performed —17\n(a) a description of the procedure;18\n(b) the verified identity information of the person who19\nunderwent the procedure and, if the procedure involved20\ndonated reproductive material or a donated embryo, the21\nperson’s contact preferences;22\n(c) the verified identity information and contact preferences23\nof each donor of reproductive material or an embryo24\nused in the procedure;25\n(d) the verified identity information of each person, other26\nthan a person mentioned in paragraph (b), who is an27\nintended parent in relation to the procedure;28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nART procedures Part 3\nRecord keeping and access to information Division 4\ns. 37\npage 27\n(e) if the procedure is performed for the purpose of a1\nsurrogacy arrangement — that fact;2\n(f) a copy of each consent obtained in relation to the3\nprocedure;4\n(g) if the procedure was performed by an authorised5\npractitioner — the name of the authorised practitioner;6\n(h) whether the procedure achieves a pregnancy that results7\nin a birth (including the birth of a still-born child) and, if8\nso, the prescribed details of the birth;9\n(i) the prescribed information.10\n(3) In subsection (2) —11\ncontact preferences, of a person, has the meaning given in12\nsection 44(1);13\nverified identity information, about a person, means —14\n(a) information about the person’s identity; and15\n(b) information that a licensee uses to identify the person,16\nincluding, for example, a unique identifying code; and17\n(c) information about the way in which the person’s identity18\nwas verified.19\n(4) It is a defence to a charge of an offence against section 35 in20\nrelation to the information required to be kept under21\nsubsection (2)(h) for the licensee to prove that the licensee has22\nbeen unable to obtain information about the outcome of the23\nART procedure despite making reasonable efforts to do so.24\n37. Required records: storage25\nA licensee that provides ART services that include the storage26\nof reproductive material or embryos must keep the prescribed27\ninformation relating to the reproductive material or embryos28\nstored by the licensee.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 3 ART procedures\nDivision 4 Record keeping and access to information\ns. 38\npage 28\n38. Required records: register of authorisations1\n(1) A licensee must —2\n(a) maintain a register of authorisations given under3\nsection 29(1); and4\n(b) if the CEO requests, make the register available for5\ninspection by the CEO.6\n(2) The regulations may provide for the form and content of the7\nregister maintained under subsection (1)(a).8\n39. Licensee must give information to CEO for register of9\nidentity and register of ART procedures10\n(1) A licensee must give to the CEO, at the prescribed time and in11\nthe manner approved by the CEO —12\n(a) the prescribed information about the ART procedures13\nperformed as part of an ART service provided by the14\nlicensee; and15\n(b) if an ART procedure mentioned in paragraph (a)16\nachieves a pregnancy, the prescribed information about17\nall of the following —18\n(i) the person who became pregnant as a result of19\nthe ART procedure;20\n(ii) each person who is an intended parent in relation21\nto the procedure;22\n(iii) each donor of reproductive material used in the23\nprocedure;24\n(iv) each donor of an embryo used in the procedure25\nand each person whose reproductive material26\nwas used to create the embryo;27\n(v) whether the pregnancy resulted in the birth of a28\nchild (including a still-born child) and, if so, the29\nprescribed details of the birth.30\nPenalty for this subsection: a fine of $50 000.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nART procedures Part 3\nRecord keeping and access to information Division 4\ns. 40\npage 29\n(2) It is a defence to a charge of an offence for failing to provide the1\ninformation mentioned in subsection (1)(b)(v) for the licensee to2\nprove that —3\n(a) the licensee has been unable to obtain information about4\nthe outcome of the pregnancy, despite making5\nreasonable efforts to do so; and6\n(b) for the reason stated in paragraph (a), the licensee did7\nnot know about the birth of a child of the pregnancy.8\n40. Licensee must correct inaccurate information9\n(1) This section applies if a licensee becomes aware that10\ninformation in a record kept under this Subdivision is11\ninaccurate.12\n(2) As soon as practicable after becoming aware of the inaccuracy,13\nthe licensee must ensure that the record is updated so that it —14\n(a) contains the correct information; and15\n(b) clearly identifies the original information that is16\ninaccurate; and17\n(c) specifies the date on which the information was18\ncorrected.19\nPenalty for this subsection: a fine of $10 000.20\n(3) If the licensee becomes aware that information provided to the21\nCEO under section 39 is inaccurate, the licensee must, as soon22\nas practicable after becoming aware of the inaccuracy, notify23\nthe CEO of the inaccuracy and provide the correct information.24\nPenalty for this subsection: a fine of $10 000.25\n41. Confidentiality of information recorded under this Division26\n(1) This section applies to the personal information of any of the27\nfollowing persons —28\n(a) a person born as a result of an ART procedure;29\n(b) an ART participant;30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 3 ART procedures\nDivision 4 Record keeping and access to information\ns. 42\npage 30\n(c) a person who contributes reproductive material, either as1\na donor or a contributing parent;2\n(d) a person who donates an embryo;3\n(e) an intended parent in relation to an ART procedure;4\n(f) an intended parent under a surrogacy arrangement.5\n(2) A person must not disclose any personal information of another6\nperson held by a licensee unless —7\n(a) the disclosure is authorised by this Act or another8\nwritten law; or9\n(b) the other person consents in writing to the disclosure of10\ntheir personal information.11\nPenalty for this subsection: a fine of $25 000.12\n42. False or misleading records13\nA licensee must not create a false or misleading record of a14\nrecord the licensee is required to keep under this Division.15\nPenalty for this subsection: a fine of $25 000.16\nSubdivision 2 — Access to information17\n43. Licensee must provide access to information18\n(1) This section applies if —19\n(a) a person has the right to access information under20\nsubsection (3), (4) or (5); and21\n(b) the information is kept by a licensee under section 36.22\n(2) If the person asks the licensee for the information, the licensee23\nmust —24\n(a) give the requested information to the person; or25\n(b) advise the person that —26\n(i) the requested information is held in the register27\nof identity; and28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nART procedures Part 3\nRecord keeping and access to information Division 4\ns. 44\npage 31\n(ii) the person can access the information from the1\nregister under section 97.2\nPenalty for this subsection: a fine of $25 000.3\n(3) A person born as a result of an ART procedure who reaches4\n16 years of age has the right to access prescribed information5\nabout —6\n(a) the person’s birth parent; and7\n(b) if the person is a donor-conceived person — each donor8\nin relation to the person.9\n(4) Before a person born as a result of an ART procedure (the10\nchild) reaches 16 years of age, another person who has parental11\nresponsibility for the child has the right to access prescribed12\ninformation about a person mentioned in subsection (3)(a) or (b)13\nin relation to the child.14\n(5) A donor in relation to a donor-conceived person has the right to15\naccess prescribed information about the person.16\n44. Contact preferences17\n(1) This section applies if a licensee has a record of a person’s18\npreferences (contact preferences) about whether and, if so, how19\nthe person would like to be contacted by another person who is20\nentitled to access information about the person under section 43.21\n(2) When the licensee gives a person (the first person) information22\nabout another person under section 43, the licensee must also23\ngive the first person written notice of the other person’s contact24\npreferences.25\nPenalty for this subsection: a fine of $10 000.26\n(3) A person who is given information about another person under27\nsection 43 and notice of the other person’s contact preferences28\nunder subsection (2) must not contact the other person unless29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 3 ART procedures\nDivision 4 Record keeping and access to information\ns. 44\npage 32\nthe contact is in accordance with the other person’s contact1\npreferences.2\nPenalty for this subsection: a fine of $10 000.3\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nRights over reproductive material and embryos Division 1\ns. 45\npage 33\nPart 4 — Reproductive material and embryos1\nDivision 1 — Rights over reproductive material and embryos2\n45. Rights over reproductive material3\nA contributing parent of reproductive material has the right to4\ndecide what happens to the material, including, for example —5\n(a) the ART procedures in which the reproductive material6\nis to be used; and7\n(b) if the material becomes excess to the contributing8\nparent’s needs, whether it is to be donated; and9\n(c) the period for which the material is to be stored.10\n46. Rights over embryos11\n(1) An intended parent of an embryo, or the 2 intended parents of12\nan embryo jointly, have the right to decide what happens to the13\nembryo, including, for example —14\n(a) the ART procedures in which the embryo is to be used;15\nand16\n(b) if the embryo becomes excess to the needs of the person17\nor couple, whether it is to be donated; and18\n(c) the period for which the embryo is to be stored.19\n(2) An intended parent’s rights in relation to a donated embryo are20\nsubject to —21\n(a) conditions attached to the donation by the donor of the22\nembryo; and23\n(b) the right of the donor to revoke the donation before the24\nembryo is used.25","sortOrder":3},{"sectionNumber":"retrieval-0005","sectionType":"document_chunk","heading":"Document excerpt 5","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 1 Rights over reproductive material and embryos\ns. 47\npage 34\n47. Rights of donor over donated reproductive material or1\ndonated embryo2\n(1) If a person donates reproductive material or an embryo, the3\ndonor may —4\n(a) in giving consent under Division 2 to the use or storage5\nof the material or embryo, attach specified conditions to6\nthe donation; and7\n(b) revoke the donation before the reproductive material or8\nembryo is used.9\nExamples for this subsection:10\nFor the purposes of paragraph (a), conditions that may be attached to11\nthe donation include —12\n(a) donated reproductive material is to be used to create an13\nembryo for a specified person or couple; and14\n(b) if the donor dies, donated material or a donated embryo is not15\nto be used in ART procedures to try to achieve a pregnancy,16\nbut may be used for research; and17\n(c) unused donated material is to be disposed of when it has been18\nstored for 5 years.19\n(2) A person cannot attach a condition to the donation of20\nreproductive material or an embryo that is a condition21\nprohibited by the regulations.22\n(3) A donor’s rights in relation to reproductive material or an23\nembryo they donated end when —24\n(a) in the case of donated reproductive material — the25\ndonated material is used in an ART procedure to create26\nan embryo; or27\n(b) the donated material or donated embryo is otherwise28\nused in an ART procedure; or29\n(c) if the donated material or donated embryo has not been30\nallocated to a person or couple for their reproductive31\npurposes — the prescribed storage period for the32\nmaterial or embryo ends.33\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nConsent Division 2\ns. 48\npage 35\nDivision 2 — Consent1\n48. Consent not required more than once2\nNothing in this Division requires the consent of a person to be3\ngiven or obtained more than once in relation to the same matter.4\n49. Consent of person under 18 years of age5\n(1) This section applies if, for a licensee to do something, the6\nconsent of a person who is under 18 years of age is required7\nunder a provision of this Act.8\n(2) If the person has sufficient understanding and intelligence to9\nfully understand what is proposed, the person has the capacity10\nto, and must, consent to the matter on their own behalf.11\n(3) However, if the licensee considers the person does not have the12\ncapacity to consent to the matter as described in subsection (2),13\na parent or legal guardian of the person must consent on the14\nperson’s behalf, instead of the person.15\n50. Requirement for consent16\n(1) This section applies if something for which a person’s consent17\nis required under a provision of this Act is done as part of an18\nART service provided by a licensee.19\n(2) The licensee commits an offence unless —20\n(a) the person’s written consent is obtained before the thing21\nis done; and22\n(b) the consent is effective under subsection (3); and23\n(c) the thing is done in accordance with the consent.24\nPenalty for this subsection: a fine of $50 000.25\n(3) A person’s consent is effective for the purposes of26\nsubsection (2) if —27\n(a) the consent states the matters prescribed for the consent;28\nand29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 2 Consent\ns. 51\npage 36\n(b) the consent is signed by the person; and1\n(c) before the consent is given —2\n(i) the person receives or is offered the counselling3\nservices, and is given the prescribed information,4\nrequired for the consent under section 51(2); and5\n(ii) the identity of the person giving the consent is6\nverified in accordance with section 52.7\n(4) It is a defence to a charge of an offence against subsection (2) in8\nrelation to the use or storage of reproductive material or an9\nembryo for the licensee to prove that it is not clinically10\nappropriate for reproductive material or an embryo to be used or11\nstored in accordance with the consent12\n51. Requirements relating to counselling services and13\ninformation to support informed consent14\n(1) This section applies if a person’s consent is required under a15\nprovision of this Act for something to be done as part of an16\nART service provided by a licensee.17\n(2) The licensee must ensure that, before the person gives the18\nconsent —19\n(a) if counselling services are prescribed as mandatory in20\nrelation to giving the consent — the person receives the21\nmandatory counselling services; and22\n(b) if paragraph (a) does not apply — the person is offered23\ncounselling services in relation to giving the consent;24\nand25\n(c) the person is given the prescribed information, in the26\nprescribed way, that applies to giving the consent.27\n(3) The licensee is taken to have complied with subsection (2)(a) in28\nrelation to the person giving the consent if the licensee is29\nsatisfied that the person received the counselling services30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nConsent Division 2\ns. 52\npage 37\nmentioned in that subsection as part of an ART service provided1\nby another licensee.2\n(4) In subsection (3), a reference to another licensee includes a3\nreference to a person who lawfully provides ART services4\noutside the State.5\n(5) Regulations may provide for any of the following —6\n(a) counselling services that are mandatory in relation to7\ngiving consent for something to be done as part of an8\nART service;9\n(b) the right of a person to choose who provides a10\ncounselling service to the person;11\n(c) matters relating to the cost of counselling services;12\n(d) the qualifications to be held by persons who provide13\ncounselling services;14\n(e) the record keeping and information sharing requirements15\nto be complied with by licensees and persons who16\nprovide counselling services;17\n(f) requirements for the accessibility of information18\nprescribed for subsection (2)(c), including, for example,19\ninterpretation or presentation of the information.20\n52. Verification of identity of consent giver21\nA licensee must not do something for which a person’s consent22\nis required under a provision of this Act, or allow the thing to be23\ndone, unless the licensee takes reasonable steps to verify the24\nidentity of the person before obtaining the person’s consent for25\nthe thing.26\nPenalty: a fine of $10 000.27\n53. Collection, use and storage of reproductive material28\n(1) A person’s consent is required for an ART procedure to be29\nperformed to collect reproductive material from the person.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 2 Consent\ns. 54\npage 38\n(2) If reproductive material is collected from a person, either as a1\ncontributing parent or a donor, the person’s consent is required2\nfor the material —3\n(a) to be used in an ART procedure; and4\n(b) to be stored for the period specified in the consent.5\n(3) A licensee must not allow an ART procedure to collect6\nreproductive material from a person to be performed unless the7\nlicensee takes reasonable steps to verify the person’s identity.8\nPenalty for this subsection: a fine of $10 000.9\n54. Transfer procedure using reproductive material10\n(1) In this section —11\ntransfer procedure means an ART procedure in which12\nreproductive material is transferred into a person’s body for the13\npurpose of the person becoming pregnant.14\nExamples for this definition:15\nExamples of a transfer procedure include artificial insemination,16\ngamete intrafallopian transfer and intrauterine insemination.17\n(2) The consent of each of the following persons is required for a18\ntransfer procedure to be performed —19\n(a) the person who is to undergo the transfer procedure;20\n(b) each person who is a contributing parent of reproductive21\nmaterial to be used in the procedure;22\n(c) each person who is an intended parent in relation to the23\nprocedure.24\n(3) Also, if reproductive material to be used in the transfer25\nprocedure is donated, the consent of each donor of the donated26\nreproductive material is required for it to be used in the27\nprocedure.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nConsent Division 2\ns. 55\npage 39\n55. Creation of embryo1\n(1) In this section —2\nembryo creation procedure means an ART procedure in which3\nreproductive material is used to create, or to attempt to create,4\n1 or more embryos.5\n(2) The consent of each of the following persons is required for an6\nembryo creation procedure to be performed —7\n(a) each person who is a contributing parent of reproductive8\nmaterial to be used in the procedure;9\n(b) each person who would be an intended parent of an10\nembryo created by the procedure, were the procedure to11\nresult in the creation of 1 or more embryos.12\n(3) Also, if reproductive material to be used in the embryo creation13\nprocedure is donated, the consent of each donor of the donated14\nreproductive material is required for it to be used in the15\nprocedure.16\n56. Storage of embryo17\nThe consent of each person who is an intended parent or donor18\nof an embryo is required for an embryo to be stored by a19\nlicensee for the period specified in the consent.20\n57. Allocation of donated embryo21\nThe consent of the following persons is required for a licensee22\nto allocate a donated embryo to a person or couple —23\n(a) each person who is a donor of the embryo;24\n(b) the person, or each person in the couple, to whom the25\nlicensee proposes to allocate the embryo.26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 2 Consent\ns. 58\npage 40\n58. Use of embryo in embryo transfer procedure1\n(1) In this section —2\nembryo transfer procedure means an ART procedure in which3\nan embryo is transferred into a person’s body for the purpose of4\nthe person becoming pregnant.5\n(2) The consent of each of the following persons is required for an6\nembryo transfer procedure to be performed —7\n(a) the person who is to undergo the procedure;8\n(b) each person who is an intended parent in relation to the9\nprocedure.10\n(3) Also, if an embryo to be used in the embryo transfer procedure11\nis donated, the consent of each donor of the embryo is required12\nfor it to be used in the procedure.13\n59. Amendment or withdrawal of consent14\n(1) A person may amend or withdraw the person’s consent to an15\nART procedure being performed at any time before the16\nprocedure is performed.17\n(2) A person may amend or withdraw the person’s consent to the18\nuse of reproductive material or an embryo for an ART19\nprocedure or its storage at any time before —20\n(a) the material or embryo is used; or21\n(b) the end of the period stated in the consent as the22\nmaximum period for which the material or embryo may23\nbe stored; or24\n(c) if the person is the donor of the material or embryo and25\nthe material or embryo has not been allocated to a26\nperson or couple for their reproductive purposes — the27\nend of the prescribed storage period for the material or28\nembryo.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nConsent Division 2\ns. 60\npage 41\n(3) Amendment of a consent must be in writing.1\n(4) Withdrawal of a consent —2\n(a) if the consent is to the storage of reproductive material3\nor an embryo — must be in writing; or4\n(b) otherwise —5\n(i) may be oral or written; and6\n(ii) if the withdrawal is oral — must be confirmed in7\nwriting as soon as practicable after it is given.8\n(5) A licensee must not accept an amendment or withdrawal of a9\nperson’s consent under subsection (1) or (2) unless the licensee10\ntakes reasonable steps to verify the person’s identity.11\nPenalty for this subsection: a fine of $10 000.12\n60. Steps after withdrawal of consent13\nIf a person withdraws the person’s consent to the use or storage14\nof reproductive material or an embryo, a licensee must —15\n(a) take immediate action to ensure the material or embryo16\nis not used; and17\n(b) deal with the material or embryo as directed in —18\n(i) if the withdrawal of the consent specifies how19\nthe material or embryo is to be dealt with — the20\nwithdrawal of the consent; or21\n(ii) otherwise — the consent that relates to the22\nstorage of the material or embryo.23\nPenalty: a fine of $25 000.24\nExamples for this section:25\nFor the purposes of paragraph (b), examples of directions that may be26\ngiven in the consent or withdrawal of consent include that the27\nreproductive material or embryo be —28\n(a) donated to the licensee for use as the licensee considers29\nappropriate; and30\n(b) transferred to another licensee for further storage; and31\n(c) disposed of or allowed to succumb.32\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 2 Consent\ns. 61\npage 42\nNote for this section:1\nSee sections 69 and 71 in relation to the steps to be taken in relation to2\nthe period for storing reproductive material or an embryo ending.3\n61. Disputes and unforeseen circumstances relating to embryos4\n(1) This section applies if —5\n(a) a couple are the intended parents of an embryo; and6\n(b) there is a dispute between the intended parents about the7\nembryo, including, for example, a dispute arising8\nbecause —9\n(i) 1 of the intended parents wants to amend or10\nwithdraw a consent relating to the embryo; or11\n(ii) circumstances arise that are not covered by a12\nconsent relating to the embryo.13\n(2) One or both of the intended parents may apply to the Family14\nCourt for an order about the use of the embryo.15\n(3) The Family Court may make any order about the use of the16\nembryo that the court considers is reasonable in all the17\ncircumstances.18\n(4) Despite any provision to the contrary, the licensee that is storing19\nthe embryo to which a consent relates is authorised and required20\nto continue to store it while —21\n(a) the court considers an application made under22\nsubsection (2); or23\n(b) the licensee is otherwise aware there is a dispute24\nbetween the intended parents of the embryo.25\n62. Disposal or limited use of unviable material or unviable26\nembryos27\n(1) This section applies if —28\n(a) reproductive material collected from a person is not29\nviable to be used in an ART procedure or stored; or30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nGenetic testing Division 3\ns. 63\npage 43\n(b) an embryo created as a result of an ART procedure, or1\nother human material resulting after the procedure, is2\nnot viable to be used in an ART procedure or stored.3\n(2) Nothing in this Division requires a person’s consent for the4\nunviable reproductive material, embryo or other human material5\nto be disposed of.6\n(3) However, the consent of each of the following persons is7\nrequired for the unviable reproductive material, embryo or other8\nhuman material to be used by a licensee for training, quality9\nassurance or other similar purposes —10\n(a) in the case of unviable reproductive material — the11\ncontributing parent or donor of the reproductive12\nmaterial;13\n(b) in the case of an unviable embryo or other human14\nmaterial — each person who is an intended parent in15\nrelation to the ART procedure that created the unviable16\nembryo or other human material.17\nDivision 3 — Genetic testing18\n63. Limited genetic testing of embryos19\n(1) In this section —20\napproved conditions list means the list of genetic conditions,21\ndiseases or abnormalities approved by the CEO and published22\nunder section 65.23\n(2) A licensee must not carry out genetic testing of an embryo24\nunless the testing is —25\n(a) for a genetic condition, disease or abnormality in the26\napproved conditions list; or27\n(b) approved by the Board; or28\n(c) a prescribed type of testing.29\nPenalty for this subsection: a fine of $25 000.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 4 Storage\ns. 64\npage 44\n(3) Subsection (2) does not authorise genetic testing of an embryo1\nfor the purpose of sex selection in the absence of a medical2\nreason to do so.3\n(4) A licensee may apply to the Board for approval to carry out4\ngenetic testing of an embryo for a genetic condition, disease or5\nabnormality not in the approved conditions list.6\n(5) The Board may decide to give the approval or to refuse the7\napplication.8\n64. Prohibition on sex selection9\nA licensee must not carry out genetic testing of an embryo for10\nthe purpose of sex selection unless there is a medical reason to11\ndo so.12\nPenalty: imprisonment for 2 years and a fine of $50 000.13\n65. Approved conditions list14\n(1) The CEO may approve a list of genetic conditions, diseases or15\nabnormalities for which embryos may be tested.16\n(2) The list approved under subsection (1) must —17\n(a) be published on a website maintained by or on behalf of18\nthe Department; and19\n(b) include the date on which the list takes effect; and20\n(c) be published as a new version each time the list is21\nchanged.22\nDivision 4 — Storage23\n66. Appropriate storage of reproductive material and embryos24\nA licensee commits an offence if the storage facilities for25\nreproductive material or embryos operated by the licensee fail to26\nstore reproductive material or embryos in a safe condition.27\nPenalty: imprisonment for 2 years and a fine of $50 000.28","sortOrder":4},{"sectionNumber":"retrieval-0006","sectionType":"document_chunk","heading":"Document excerpt 6","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nStorage Division 4\ns. 67\npage 45\n67. Purposes for storage of reproductive material and embryos1\n(1) In this section —2\nauthorised research means —3\n(a) research that uses reproductive material that is approved4\nby a Human Research Ethics Committee acting in5\naccordance with the National Ethical Statement; or6\n(b) research that uses an embryo that is conducted under a7\nlicence issued by the National Health and Medical8\nResearch Council under the Research Involving Human9\nEmbryos Act 2002 (Commonwealth);10\nHuman Research Ethics Committee means a human research11\nethics committee constituted in accordance with the National12\nEthical Statement as in effect from time to time;13\nNational Ethical Statement means the guidelines on ethical14\nissues relating to health —15\n(a) issued under the National Health and Medical Research16\nCouncil Act 1992 (Commonwealth) section 7(1)(a)(v);17\nand18\n(b) called the National Statement on Ethical Conduct in19\nHuman Research;20\nNational Health and Medical Research Council means the21\nNational Health and Medical Research Council established by22\nthe National Health and Medical Research Council Act 199223\n(Commonwealth) section 5B.24\n(2) A licensee must not store reproductive material or an embryo25\nfor a purpose other than —26\n(a) use in an ART procedure; or27\n(b) possible future use in an ART procedure; or28\n(c) use in authorised research; or29\n(d) a prescribed purpose.30\nPenalty for this subsection: a fine of $25 000.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 4 Storage\ns. 68\npage 46\n68. Period of storage for reproductive material1\n(1) The period for storing reproductive material is the period2\nspecified in the consent to storage given by the contributing3\nparent or donor of the reproductive material.4\n(2) However, the period for storing donated reproductive material is5\nthe prescribed storage period if —6\n(a) the reproductive material has not been allocated to a7\nperson or couple for their reproductive purposes; and8\n(b) the consent to the storage of the reproductive material9\ngiven by its donor —10\n(i) specifies a longer period than the prescribed11\nstorage period; or12\n(ii) does not specify a period for storing the material.13\n69. Steps relating to end of storage period for reproductive14\nmaterial15\n(1) In this section —16\nprescribed grace period, in relation to reproductive material,17\nmeans the period that —18\n(a) starts before, and ends after, the day on which the19\nstorage period for the reproductive material ends; and20\n(b) is prescribed as the grace period for the storage of21\nreproductive material;22\nstorage period, in relation to reproductive material, means the23\nperiod for storing the reproductive material under section 68.24\n(2) A licensee storing reproductive material must take reasonable25\nsteps to contact the contributing parent of the reproductive26\nmaterial, in accordance with subsection (3), to give the27\ncontributing parent an opportunity to give further consent about28\nthe use, storage or disposal of the material.29\nPenalty for this subsection: a fine of $25 000.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nStorage Division 4\ns. 70\npage 47\n(3) The licensee must take the reasonable steps —1\n(a) starting before the storage period for the reproductive2\nmaterial ends; and3\n(b) continuing during the prescribed grace period for the4\nmaterial until the licensee contacts the contributing5\nparent or the prescribed grace period ends.6\n(4) The licensee must dispose of stored reproductive material if —7\n(a) the licensee has complied with subsection (2) in relation8\nto the material and the contributing parent has confirmed9\nthat the material is no longer to be stored or is to be10\ndisposed of; or11\n(b) the licensee is unable to contact the contributing parent12\nunder subsection (2) despite reasonable efforts to do so13\nand the prescribed grace period for the material ends; or14\n(c) the reproductive material is donated and the storage15\nperiod for the material ends.16\nPenalty for this subsection: a fine of $25 000.17\n70. Period of storage for embryos18\n(1) The period for storing an embryo is the period specified in the19\nconsent to storage given by —20\n(a) if the embryo has been donated — the donor or donors21\nof the embryo; or22\n(b) otherwise — the intended parent or intended parents of23\nthe embryo.24\n(2) However, the period for storing a donated embryo is the25\nprescribed storage period if —26\n(a) the embryo has not been allocated to a person or couple27\nfor their reproductive purposes; and28\n(b) the consent to the storage of the embryo given by its29\ndonor or donors —30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 4 Storage\ns. 71\npage 48\n(i) specifies a longer period than the prescribed1\nstorage period; or2\n(ii) does not specify a period for storing the embryo.3\n71. Steps relating to end of storage period for embryos4\n(1) In this section —5\nprescribed grace period, in relation to an embryo, means the6\nperiod that —7\n(a) starts before, and ends after, the day on which the8\nstorage period for the embryo ends; and9\n(b) is prescribed as the grace period for the storage of10\nembryos;11\nstorage period, in relation to an embryo, means the period for12\nstoring the embryo under section 70.13\n(2) A licensee storing an embryo must take reasonable steps to14\ncontact each intended parent of the embryo, in accordance with15\nsubsection (3), to give the intended parent an opportunity to16\ngive further consent about the use, storage or disposal of the17\nembryo.18\nPenalty for this subsection: a fine of $25 000.19\n(3) The licensee must take the reasonable steps —20\n(a) starting before the storage period for the embryo ends;21\nand22\n(b) continuing during the prescribed grace period for the23\nembryo until the licensee contacts each intended parent24\nor the prescribed grace period ends.25\n(4) Subsection (2) does not apply if the embryo has been donated.26\n(5) The licensee must allow the embryo to succumb if —27\n(a) the licensee has complied with subsection (2) in relation28\nto the embryo and each intended parent of the embryo29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nPosthumous use of reproductive material and embryos Division 5\ns. 72\npage 49\nhas confirmed that the embryo is no longer to be stored1\nor is to be allowed to succumb; or2\n(b) the licensee is unable to contact each intended parent3\nunder subsection (2) despite reasonable efforts to do so4\nand the prescribed grace period for the embryo ends; or5\n(c) the embryo is donated and the storage period for the6\nembryo ends.7\nPenalty for this subsection: a fine of $25 000.8\nDivision 5 — Posthumous use of reproductive material and9\nembryos10\nSubdivision 1 — Preliminary11\n72. Purpose of Division12\nThe purpose of this Division is to establish —13\n(a) that the consent of a deceased person given before the14\nperson died, to the extent that it expressly states what is15\nto happen to the person’s reproductive material or16\nembryos after the person dies, is generally to be given17\neffect; and18\n(b) the rights of the surviving partner of a deceased person19\nin relation to deciding what happens to a deceased20\nperson’s reproductive material or embryos; and21\n(c) the requirements that must be met before a deceased22\nperson’s reproductive material or embryos can be used;23\nand24\n(d) the obligations of a licensee in relation to the use,25\nstorage and disposal of a deceased person’s reproductive26\nmaterial or embryos.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 5 Posthumous use of reproductive material and embryos\ns. 73\npage 50\n73. Terms used1\n(1) In this Division —2\nconsent, of a deceased person, means consent given by the3\nperson before the person died for something to be done in4\nrelation to reproductive material or an embryo that would be5\nrequired under section 50(2) for a licensee to do the thing if the6\nperson had not died;7\nembryo, of a deceased person, means —8\n(a) an embryo of which the person was an intended parent9\nor donor immediately before the person’s death; or10\n(b) an embryo created after the person’s death using11\nreproductive material of the deceased person in12\naccordance with section 78;13\nremoved posthumously, in relation to the reproductive material14\nof a deceased person, means the reproductive material was15\nremoved from the person’s body after the person’s death under16\nthe Human Tissue and Transplant Act 1982 Part 3A or a written17\nlaw of another jurisdiction;18\nreproductive material, of a deceased person, means —19\n(a) reproductive material collected from the person before20\nthe person’s death; or21\n(b) reproductive material removed posthumously from the22\nperson’s body.23\n(2) In this Division, a reference to a deceased person who does not24\nhave a surviving partner is a reference to a deceased person who25\ndid not have a partner immediately before the person’s death.26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nPosthumous use of reproductive material and embryos Division 5\ns. 74\npage 51\nSubdivision 2 — Permitted use of deceased person’s reproductive1\nmaterial and embryos2\n74. Deceased person’s consent3\n(1) This section applies if a deceased person’s consent expressly4\nstates what is to happen to the deceased person’s reproductive5\nmaterial or embryos after the person dies.6\n(2) The deceased person’s reproductive material or embryos can be7\nused for 1 of the following purposes, if the use after the person’s8\ndeath is expressly permitted by the person’s consent —9\n(a) the reproductive purposes of the person’s surviving10\npartner;11\n(b) in the case of reproductive material or an embryo12\ndonated before the person’s death — the continuing13\ndonation of the material or embryo;14\n(c) the donation of the material or embryo after the person’s15\ndeath for use for a purpose other than the reproductive16\npurposes of any person or couple.17\n(3) Also, the deceased person’s reproductive material or embryos18\ncan, to the extent expressly permitted by the person’s consent —19\n(a) be stored in relation to a permitted use of the material or20\nembryos mentioned in subsection (2); or21\n(b) be disposed of or allowed to succumb.22\n(4) If the surviving partner of the deceased person is a joint23\nintended parent or joint donor of the deceased person’s24\nembryos —25\n(a) subsection (2)(b) applies unless the surviving partner26\nwithdraws the partner’s consent to the donation; and27\n(b) subsection (2)(c) applies subject to the surviving partner28\nalso consenting to the donation.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 5 Posthumous use of reproductive material and embryos\ns. 75\npage 52\n75. Limited use of reproductive material removed1\nposthumously2\n(1) This section applies if reproductive material is removed3\nposthumously from a deceased person’s body.4\n(2) The reproductive material can be used only —5\n(a) for the reproductive purposes of the deceased person’s6\nsurviving partner; and7\n(b) with the approval of the Board.8\n(3) Subsection (2) also applies to an embryo created in accordance9\nwith that subsection using the reproductive material.10\n(4) Reproductive material, or an embryo created using the11\nreproductive material, not used for the surviving partner’s12\nreproductive purposes must be disposed of or allowed to13\nsuccumb.14\n76. Surviving partner’s right in relation to deceased person’s15\nreproductive material or embryos for reproductive purposes16\n(1) The surviving partner of a deceased person has the right to use17\nthe person’s reproductive material or, if the partner is a joint18\nintended parent of the deceased person’s embryos, the person’s19\nembryos, in an ART procedure for the partner’s reproductive20\npurposes, but only if the use for that purpose is expressly21\npermitted by —22\n(a) the deceased person’s consent; or23\n(b) the approval of the Board.24\nNote for this subsection:25\nThe Board cannot approve use of the deceased person’s reproductive26\nmaterial or embryos for the use mentioned in subsection (1) if that use27\nis contrary to the deceased person’s consent. See section 83(6).28\n(2) Subsection (1) applies in relation to embryos of which the29\ndeceased person and surviving partner are joint intended30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nPosthumous use of reproductive material and embryos Division 5\ns. 77\npage 53\nparents, with the approval of the Board as mentioned in1\nsubsection (1)(b), if —2\n(a) the deceased person’s consent expressly states that the3\nembryos are to be donated, either before or after the4\nperson’s death; and5\n(b) the surviving partner withdraws the partner’s earlier6\nconsent to the donation of the embryos, or does not7\nconsent to their donation, as provided in section 74(4);8\nand9\n(c) the surviving partner wishes to use the reproductive10\nmaterial for the partner’s reproductive purposes.11\n(3) The surviving partner may decide that the deceased person’s12\nreproductive material is to be disposed of or embryos (of which13\nthe partner is a joint intended parent) be allowed to succumb,14\neven if —15\n(a) the deceased person’s consent provides for the material16\nor embryos to be used after the person’s death for the17\npartner’s reproductive purposes; or18\n(b) in the case of the person’s reproductive material — the19\nmaterial was removed posthumously.20\n(4) Subsection (3) does not apply if the deceased person’s consent21\nexpressly states that the person’s reproductive material is to be22\ndonated, either before or after the person’s death.23\n77. No other rights in relation to reproductive material or24\nembryos of deceased person25\nThe next of kin of a deceased person, other than the person’s26\nsurviving partner, does not have any right to decide what27\nhappens to the deceased person’s reproductive material or28\nembryos.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 5 Posthumous use of reproductive material and embryos\ns. 78\npage 54\nSubdivision 3 — Obligations of licensees1\n78. Use of deceased person’s reproductive material or embryos2\nfor surviving partner’s reproductive purposes3\nA licensee must not use the reproductive material or an embryo4\nof a deceased person in an ART procedure performed for the5\nreproductive purposes of the deceased person’s surviving6\npartner unless —7\n(a) that use after the person’s death is expressly permitted8\nby the deceased person’s consent or the approval of the9\nBoard; and10\n(b) a medical practitioner has certified that the medical11\npractitioner —12\n(i) has, after the person’s death, considered the13\nmatters mentioned in section 21(1) in relation to14\nthe surviving partner; and15\n(ii) considers the ART procedure is appropriate for16\nthe partner.17\nPenalty: a fine of $25 000.18\n79. Donation of deceased person’s reproductive material or19\nembryos20\n(1) This section applies if a deceased person’s consent —21\n(a) expressly permits the person’s reproductive material or22\nembryos, donated before the person’s death, to continue23\nto be used as donated material or donated embryos after24\nthe person’s death; or25\n(b) expressly states that the person’s reproductive material26\nor embryos are to be donated after the person’s death.27\n(2) A licensee commits an offence if the deceased person’s28\nreproductive material or embryos are used other than as donated29\nmaterial or donated embryos —30\n(a) in accordance with the person’s consent; and31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nPosthumous use of reproductive material and embryos Division 5\ns. 80\npage 55\n(b) if the deceased person has a surviving partner who is a1\njoint intended parent or joint donor of the deceased2\nperson’s embryos — subject to the partner withdrawing3\nconsent to the donation, or not consenting to the4\ndonation, as provided in section 74(4); and5\n(c) if the material or embryo is donated after the person’s6\ndeath — for a purpose other than the reproductive7\npurposes of any person or couple.8\nPenalty for this subsection: a fine of $25 000.9\n(3) It is a defence to a charge of an offence against subsection (2)10\nfor the licensee to prove —11\n(a) that it is not clinically appropriate for the reproductive12\nmaterial or an embryo to be used for the purpose for13\nwhich it is donated in accordance with the deceased14\nperson’s consent; or15\n(b) if the deceased person did not have a surviving16\npartner — the licensee did not know that the deceased17\nperson had died.18\n(4) The licensee must allow the embryos to succumb if —19\n(a) as provided in section 74(4), the deceased person’s20\nsurviving partner withdraws the partner’s earlier consent21\nto the donation of the embryos, or does not consent to22\nthe donation; and23\n(b) the surviving partner gives the licensee notice, in24\nwriting, that the partner does not wish to use the25\nembryos for the partner’s reproductive purposes.26\nPenalty for this subsection: a fine of $25 000.27\n80. Storage of deceased person’s reproductive material or28\nembryos pending application to Board29\n(1) This section applies if —30\n(a) reproductive material is posthumously removed from a31\ndeceased person’s body; or32","sortOrder":5},{"sectionNumber":"retrieval-0007","sectionType":"document_chunk","heading":"Document excerpt 7","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 5 Posthumous use of reproductive material and embryos\ns. 80\npage 56\n(b) all of the following apply —1\n(i) a deceased person and the person’s surviving2\npartner are joint intended parents of embryos;3\n(ii) the deceased person’s consent expressly states4\nthat the person’s embryos are to be donated,5\neither before or after the person’s death;6\n(iii) the surviving partner gives the licensee notice, in7\nwriting, that the partner wishes to use the8\nembryos for the partner’s reproductive purposes;9\nor10\n(c) a deceased person’s consent does not state what is to11\nhappen to the deceased person’s reproductive material12\nor embryos after the person dies.13\nNote for this subsection:14\nIn the circumstances in which this section applies, the approval of the15\nBoard is required for the deceased person’s reproductive material or16\nembryos to be used for the reproductive purposes of the person’s17\nsurviving partner. See sections 76(1) and 78.18\n(2) A licensee may store the material until —19\n(a) in the case that the consent of the deceased person’s20\nsurviving partner is required to store the reproductive21\nmaterial or embryos under subsection (3) — the22\nsurviving partner consents to the storage of the material23\nor embryos; or24\n(b) the licensee is required to dispose of the material or25\nallow the embryos to succumb under section 81(2).26\n(3) If the Board approves the deceased person’s reproductive27\nmaterial or embryos being used in an ART procedure for the28\nreproductive purposes of the person’s surviving partner, the29\npartner’s consent is required for the reproductive material or30\nembryos —31\n(a) to be used in an ART procedure for the partner’s32\nreproductive purposes; or33\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nPosthumous use of reproductive material and embryos Division 5\ns. 81\npage 57\n(b) to be stored for the purpose mentioned in paragraph (a);1\nor2\n(c) if the material or an embryo is no longer required for the3\npartner’s reproductive purposes — to be disposed of or4\nallowed to succumb.5\n81. Disposal of deceased person’s reproductive material or6\nembryos7\n(1) This section applies if a deceased person’s reproductive material8\nor embryos are stored by a licensee under section 80(2).9\n(2) The licensee storing a deceased person’s reproductive material10\nor embryos must dispose of the material or allow the embryos to11\nsuccumb if —12\n(a) the person did not have a surviving partner; or13\n(b) in the case of the deceased person’s reproductive14\nmaterial — the person’s surviving partner gives the15\nlicensee notice, in writing, that the partner does not wish16\nto use the reproductive material for the partner’s17\nreproductive purposes; or18\n(c) the Board decides to refuse an application for approval19\nto use the deceased person’s reproductive material or20\nembryos for the reproductive purposes of the person’s21\nsurviving partner; or22\n(d) in the case of reproductive material posthumously23\nremoved from a deceased person, all of the following24\napply —25\n(i) it has been more than the prescribed period since26\nthe reproductive material was removed from the27\nperson;28\n(ii) the licensee has taken reasonable steps to contact29\nthe person’s surviving partner;30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 5 Posthumous use of reproductive material and embryos\ns. 82\npage 58\n(iii) the licensee has not received the notice1\nmentioned in paragraph (b), or the consent2\nrequired under section 80(3), from the person’s3\nsurviving partner.4\nPenalty for this subsection: a fine of $25 000.5\n(3) The licensee must not act under subsection (2)(c) until —6\n(a) if the licensee applies to the State Administrative7\nTribunal for a review of the Board’s decision — the8\nlicensee receives notice that the State Administrative9\nTribunal confirmed the Board’s decision; or10\n(b) otherwise — the day that is 28 days after the day on11\nwhich the Board gave notice of the decision to the12\nlicensee.13\n82. Other storage and disposal of deceased person’s14\nreproductive material and embryos15\n(1) This section applies to a licensee storing a deceased person’s16\nreproductive material or embryos in accordance with —17\n(a) the person’s consent; and18\n(b) if the deceased person has a surviving partner who is a19\njoint intended parent or joint donor of the person’s20\nembryos — the surviving partner’s consent.21\n(2) The licensee may continue to store the reproductive material or22\nembryos in accordance with the consent for a purpose23\nmentioned in section 74(2).24\n(3) Section 68 continues to apply in relation to the reproductive25\nmaterial.26\n(4) If the deceased person has a surviving partner, section 6927\ncontinues to apply in relation to the deceased person’s28\nreproductive material as though a reference in that section to the29\ncontributing parent of the material were a reference to the30\nsurviving partner.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nPosthumous use of reproductive material and embryos Division 5\ns. 83\npage 59\n(5) If the deceased person did not have a surviving partner —1\n(a) section 69(2) does not apply in relation to the deceased2\nperson’s reproductive material; and3\n(b) section 69(4) applies as if the licensee is required to4\ndispose of the person’s reproductive material under that5\nsubsection when the storage period for the material (as6\ndefined in section 69(1)) ends.7\n(6) Section 70 continues to apply in relation to the embryos.8\n(7) If the deceased person has a surviving partner, section 719\ncontinues to apply in relation to the deceased person’s embryos10\nas though a reference in that section to each intended parent of11\nan embryo were a reference to the surviving partner.12\n(8) If the deceased person did not have a surviving partner —13\n(a) section 71(2) does not apply in relation to an embryo of14\nthe person; and15\n(b) section 71(5) applies as if the licensee is required to16\nallow an embryo of the person to succumb under that17\nsubsection when the storage period for the embryo (as18\ndefined in section 71(1)) ends.19\nSubdivision 4 — Board approval for use20\n83. Board approval to use reproductive material or embryo of21\ndeceased person22\n(1) A licensee may apply to the Board for approval for the licensee23\nto use the reproductive material or an embryo of a deceased24\nperson in an ART procedure for the reproductive purposes of25\nthe person’s surviving partner (the requested use).26\n(2) The deceased person’s surviving partner must consent in writing27\nto the application being made.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 5 Posthumous use of reproductive material and embryos\ns. 83\npage 60\n(3) In deciding the application, the Board must consider —1\n(a) any explicit wishes of the deceased person, either for or2\nagainst the posthumous use of the reproductive material3\nor embryo; and4\n(b) the deceased person’s intentions in relation to becoming5\na parent; and6\n(c) the best interests of a child of the deceased person,7\nincluding, for example, any implications for the child of8\nbeing conceived after the person’s death; and9\n(d) any other prescribed requirements.10\n(4) The Board may decide —11\n(a) to approve the requested use of the reproductive material12\nor embryo, with or without conditions; or13\n(b) to refuse the application.14\n(5) The Board cannot approve the use of the reproductive material15\nor embryo for any other purpose.16\n(6) Also, the Board —17\n(a) can approve the requested use of the deceased person’s18\nembryo contrary to the person’s consent only if the19\ncircumstances mentioned in section 76(2) apply; and20\n(b) otherwise, cannot approve the use of the deceased21\nperson’s reproductive material or embryo if the22\nrequested use is contrary to the deceased person’s23\nconsent.24\n(7) If the reproductive material was collected when the deceased25\nperson was under 18 years of age, the Board may approve the26\nuse of the reproductive material only if —27\n(a) the person had reached 18 years of age at the time of28\ndeath; and29\n(b) the person’s surviving partner has reached 18 years of30\nage.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nTransferring, exporting and importing reproductive material\nand embryos\nDivision 6\ns. 84\npage 61\n84. Decision to approve posthumous use of reproductive1\nmaterial or embryo2\n(1) If the Board decides to approve the posthumous use of3\nreproductive material or an embryo, the Board must give the4\napplicant written notice of the decision.5\n(2) The Board must give the notice as soon as practicable after6\nmaking the decision.7\n85. Decision to refuse application8\n(1) If the Board decides to refuse an application for approval to use9\nthe reproductive material or an embryo of a deceased person,10\nthe Board must give the applicant written notice of the decision.11\nNote for this subsection:12\nSee the State Administrative Tribunal Act 2004 section 20(1) for the13\nrequirement for a person who has the right to have a decision reviewed14\nby the State Administrative Tribunal to be given written notice of that15\nright.16\n(2) If the reproductive material or embryo is stored by a licensee17\nother than the applicant, the Board must give a copy of the18\nnotice to the licensee that is storing the reproductive material or19\nembryo.20\nDivision 6 — Transferring, exporting and importing21\nreproductive material and embryos22\n86. Transferring reproductive material and embryos between23\nlicensees24\nA licensee must not transfer reproductive material or an embryo25\nto another licensee unless —26\n(a) each person who is an intended parent of the27\nreproductive material or embryo requests the transfer in28\nwriting; and29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 6 Transferring, exporting and importing reproductive material\nand embryos\ns. 87\npage 62\n(b) in the case of donated reproductive material or a donated1\nembryo — the transfer is consistent with the consent2\ngiven by the donor in relation to the reproductive3\nmaterial or embryo; and4\n(c) the licensee gives the other licensee the prescribed5\ninformation for the transfer.6\nPenalty: a fine of $25 000.7\n87. Exporting reproductive material and embryos8\nA licensee must not export reproductive material or an embryo9\nout of the State unless —10\n(a) the reproductive material or embryo is being11\nexported —12\n(i) to a person (the recipient) who lawfully provides13\nART services outside the State; and14\n(ii) to be used for a purpose for which it could15\nlawfully be used in the State under this Act or an16\nAct of the Commonwealth;17\nand18\n(b) each person who is an intended parent of the19\nreproductive material or embryo requests the export in20\nwriting; and21\n(c) in the case of donated reproductive material or a donated22\nembryo — the export is consistent with the consent23\ngiven by the donor in relation to the reproductive24\nmaterial or embryo; and25\n(d) in the case of the reproductive material or an embryo of26\na deceased person (as those terms are defined in27\nsection 73(1)) —28\n(i) if the export is for the reproductive purposes of29\nthe person’s surviving partner — the use of the30\nreproductive material or embryo for this purpose31\ncomplies with section 78; or32\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nTransferring, exporting and importing reproductive material\nand embryos\nDivision 6\ns. 88\npage 63\n(ii) if the export is for purposes related to the1\nmaterial or embryo being donated — the export2\ncomplies with section 79(2);3\nand4\n(e) the licensee provides the prescribed information about5\nthe reproductive material or embryo to the recipient at6\nthe time of export.7\nPenalty: a fine of $50 000.8\n88. Importing reproductive material and embryos9\nA licensee must not import reproductive material or an embryo10\ninto the State unless the licensee —11\n(a) is able to comply with the requirements under this Act12\nfor the storage and use of the reproductive material or13\nembryo in the State; and14\n(b) for each person who is a donor of the reproductive15\nmaterial or, in the case of a donated embryo, each16\nperson who contributed reproductive material used to17\ncreate the embryo —18\n(i) obtains the prescribed information about the19\nperson’s identity and age; and20\n(ii) verifies that the person has reached 18 years of21\nage.22\nPenalty: a fine of $50 000.23\n89. Exemption from export or import requirements24\n(1) This section applies in relation to a requirement under25\nsection 87 or 88, other than the requirement to provide certain26\ninformation to a recipient under section 87(e).27\n(2) The requirement does not apply to a licensee to the extent that28\nthe Board exempts the licensee from the requirement.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 6 Transferring, exporting and importing reproductive material\nand embryos\ns. 90\npage 64\n(3) A licensee may apply to the Board for an exemption from the1\nrequirement in relation to the export or import of specified2\nreproductive material or an embryo.3\n(4) The Board may decide to grant the exemption or to refuse the4\napplication.5\n90. Export or import prohibited if 5 family worldwide limit6\nlikely to be exceeded7\n(1) A licensee must not export reproductive material or an embryo8\nout of the State, or import reproductive material or an embryo9\ninto the State, if the licensee knows, or ought to have known,10\nthat using the material or embryo to achieve a pregnancy would11\nlikely result in the 5 family worldwide limit being exceeded.12\nPenalty for this subsection: a fine of $50 000.13\n(2) Subsection (1) does not apply if the Board approves the 5 family14\nworldwide limit being exceeded in relation to the reproductive15\nmaterial or embryo of a specified donor.16\n(3) A licensee may apply to the Board for approval to exceed the17\n5 family worldwide limit in relation to the export or import of18\nthe reproductive material or embryo of a specified donor.19\n(4) The Board may decide to give the approval or to refuse the20\napplication.21\n91. Prescribed requirements for exporting or importing22\nreproductive material and embryos23\nThe regulations may prescribe additional requirements relating24\nto licensees exporting or importing reproductive material and25\nembryos.26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nOffences Division 7\ns. 92\npage 65\nDivision 7 — Offences1\n92. Prohibition on commercial trading in reproductive material2\nand embryos3\n(1) In this section —4\nreasonable expenses —5\n(a) in relation to the supply of reproductive material,6\nincludes expenses relating to the collection, storage or7\ntransport of the material; or8\n(b) in relation to the supply of an embryo —9\n(i) includes expenses relating to the storage or10\ntransport of the embryo; but11\n(ii) does not include any expenses incurred by a12\nperson before the embryo became excess to the13\nneeds of the person or another person;14\nvaluable consideration, in relation to the supply of reproductive15\nmaterial or an embryo —16\n(a) includes an inducement, discount or priority in relation17\nto the supply; but18\n(b) does not include the payment of reasonable expenses19\nincurred by a person in connection with the supply.20\n(2) A person commits a crime if the person —21\n(a) offers valuable consideration to another person for the22\nsupply of reproductive material or an embryo; or23\n(b) receives, or offers to receive, valuable consideration24\nfrom another person for the supply of reproductive25\nmaterial or an embryo.26\nPenalty for this subsection: imprisonment for 15 years and a27\nfine of $175 000.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 4 Reproductive material and embryos\nDivision 7 Offences\ns. 93\npage 66\n93. Restrictions on creating embryos1\n(1) A person must not create, or attempt to create, an embryo2\nunless —3\n(a) the person performs ART procedures as part of an ART4\nservice provided by a licensee; and5\n(b) the creation of the embryo is for the sole purpose of6\nachieving, or attempting to achieve, a pregnancy.7\n(2) A person who creates, or attempts to create, an embryo in8\ncontravention of subsection (1) commits a crime.9\nPenalty for this subsection: imprisonment for 15 years and a10\nfine of $175 000.11\n94. Prohibition on cloning12\nA person who creates, or attempts to create, an embryo that is a13\ngenetic copy of a living or deceased human commits a crime.14\nPenalty: imprisonment for 15 years and a fine of $175 000.15\n95. False or misleading information16\n(1) In this section —17\ndisability has the meaning given in the Disability Services18\nAct 1993 section 3;19\nhealth information, about a person, means personal information20\nthat relates to —21\n(a) the health (at any time) of the person; or22\n(b) the disability (at any time) of the person; or23\n(c) the person’s expressed wishes about the future provision24\nof health services to the person; or25\n(d) a health service provided, or to be provided, to the26\nperson;27","sortOrder":6},{"sectionNumber":"retrieval-0008","sectionType":"document_chunk","heading":"Document excerpt 8","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nReproductive material and embryos Part 4\nOffences Division 7\ns. 95\npage 67\n(2) This section applies to each of following persons —1\n(a) an ART participant;2\n(b) a contributing parent of reproductive material;3\n(c) an intended parent of an embryo or in relation to an4\nART procedure;5\n(d) a donor of reproductive material or an embryo.6\n(3) The person must not —7\n(a) provide a false identity, or give other false or misleading8\npersonal information about themself to a licensee; or9\n(b) give false or misleading health information about10\nthemself to a licensee.11\nPenalty for this subsection: a fine of $15 000.12\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 5 Registers maintained by CEO\nDivision 1 Register of identity\ns. 96\npage 68\nPart 5 — Registers maintained by CEO1\nDivision 1 — Register of identity2\n96. Register of identity3\n(1) The CEO must maintain a register (the register of identity)4\nabout persons born as a result of an ART procedure.5\n(2) An entry in the register of identity about a person born as a6\nresult of an ART procedure must contain the required7\ninformation about —8\n(a) the person; and9\n(b) the person’s birth parent; and10\n(c) if the person is a donor-conceived person — each donor11\nin relation to the person.12\n(3) The required information about a person mentioned in13\nsubsection (2) is —14\n(a) the person’s name; and15\n(b) the prescribed identifying particulars about the person;16\nand17\n(c) other prescribed information about the person.18\n97. Right of access to information in register of identity19\n(1) This section applies if —20\n(a) a person has the right to access information under21\nsubsection (3), (4) or (5); and22\n(b) the information is in the register of identity.23\n(2) The CEO must give the information to the person at the24\nperson’s request.25\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nRegisters maintained by CEO Part 5\nRegister of identity Division 1\ns. 98\npage 69\n(3) A person born as a result of an ART procedure who has reached1\n16 years of age has the right to access prescribed information2\nabout —3\n(a) the person’s birth parent; and4\n(b) if the person is a donor-conceived person — each donor5\nin relation to the person.6\n(4) Before a person born as a result of an ART procedure (the7\nchild) reaches 16 years of age, a person who has parental8\nresponsibility for the child has the right to access prescribed9\ninformation about a person mentioned in subsection (3)(a) or (b)10\nin relation to the child.11\n(5) A donor in relation to a donor-conceived person has the right to12\naccess prescribed information about the person.13\n98. Contact preferences14\n(1) This section applies if the register of identity includes a record15\nof a person’s preferences (contact preferences) about whether16\nand, if so, how the person would like to be contacted by another17\nperson who is entitled to access information about the person18\nunder section 97.19\n(2) When the CEO gives a person (the first person) information20\nabout another person under section 97(2), the CEO must also21\ngive the first person written notice of the other person’s contact22\npreferences.23\n(3) A person who is given information about another person under24\nsection 97(2) and notice of the other person’s contact25\npreferences under subsection (2) must not contact the other26\nperson unless the contact is in accordance with the other27\nperson’s contact preferences.28\nPenalty for this subsection: a fine of $10 000.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 5 Registers maintained by CEO\nDivision 2 Register of ART procedures\ns. 99\npage 70\nDivision 2 — Register of ART procedures1\n99. Register of ART procedures2\n(1) The CEO must maintain a register (the register of ART3\nprocedures) about ART procedures performed as part of ART4\nservices provided by licensees.5\n(2) The purpose of the register of ART procedures is to collect data6\nto help in monitoring and analysing, and to support research7\nrelated to —8\n(a) the incidence, causes and prevention of infertility; and9\n(b) assisted reproductive technology, including, for10\nexample, the impact of ART procedures on the health11\noutcomes of persons who undergo the procedures and12\npersons born as a result of the procedures.13\n(3) The register of ART procedures must contain the information14\nabout ART procedures that a licensee is required to give to the15\nCEO under section 39.16\n100. Disclosure and use of information17\n(1) Information in the register of ART procedures may be disclosed18\nto and used by the following persons for a purpose mentioned in19\nsection 99(2) —20\n(a) an employee of the Department;21\n(b) an employee of a health service provider;22\n(c) a person approved by the CEO who is contracted by the23\nDepartment or a health service provider to collect or24\nanalyse the information in the register;25\n(d) a person approved by the CEO who is undertaking26\nresearch into a matter mentioned in section 99(2)(a)27\nor (b).28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nRegisters maintained by CEO Part 5\nGeneral Division 3\ns. 101\npage 71\n(2) However, information in the register of ART procedures that1\nidentifies an individual may only be disclosed to a person2\nmentioned in subsection (1)(d) with the consent of the3\nindividual to whom the information relates.4\n(3) Subsection (4) applies to a person who uses information about5\nan individual disclosed to the person under subsection (1) for6\nundertaking research into a matter mentioned in section 99(2)(a)7\nor (b).8\n(4) The person must not publish information relating to the research9\nin a form that identifies the individual unless the individual10\nconsents to the information being published in that form.11\nPenalty for this subsection: a fine of $25 000.12\n(5) For the purposes of subsections (2) and (4), information13\nidentifies an individual if the identity of the individual is14\napparent, or can reasonably be ascertained, from the15\ninformation.16\nDivision 3 — General17\n101. Application of Division18\nThis Division applies in relation to —19\n(a) the register of identity; and20\n(b) the register of ART procedures.21\n102. CEO must correct inaccurate information22\n(1) This section applies if the CEO becomes aware that information23\nin a register is inaccurate.24\n(2) As soon as practicable after becoming aware of the inaccuracy,25\nthe CEO must ensure that the register is updated so that it —26\n(a) contains the correct information; and27\n(b) clearly identifies the original information that is28\ninaccurate; and29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 5 Registers maintained by CEO\nDivision 3 General\ns. 103\npage 72\n(c) specifies the date on which the information was1\ncorrected; and2\n(d) if the CEO was notified of the inaccuracy by a licensee3\nunder section 40(3) — specifies the date on which the4\nCEO was notified of the inaccuracy.5\n(3) If the CEO becomes aware that information in a register is6\ninaccurate other than by being notified under section 40(3), the7\nCEO must notify the licensee that provided the information8\nabout the inaccuracy.9\n103. CEO may direct licensee to provide information required10\nfor register11\n(1) If the CEO becomes aware, or believes on reasonable grounds,12\nthat a register contains information that is inaccurate or13\nincomplete, the CEO may direct the licensee that provided the14\ninformation —15\n(a) to provide the correct or complete information to the16\nCEO; or17\n(b) to explain how the information is correct or complete to18\nthe best of the licensee’s knowledge.19\n(2) If the CEO becomes aware, or believes on reasonable grounds,20\nthat a licensee has failed to provide information for a register to21\nthe CEO under section 39, the CEO may direct the licensee —22\n(a) to provide the information to the CEO; or23\n(b) to explain why the licensee cannot provide the24\ninformation to the CEO.25\n(3) The licensee must comply with a direction under subsection (1)26\nor (2) within the period specified in the direction.27\nPenalty for this subsection: a fine of $25 000.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nPreliminary Division 1\ns. 104\npage 73\nPart 6 — Surrogacy1\nDivision 1 — Preliminary2\n104. Terms used3\nIn this Part —4\nfor reward, in relation to a surrogacy arrangement, has the5\nmeaning given in section 106;6\nparty, to a surrogacy arrangement, means each of the7\nfollowing —8\n(a) the surrogate;9\n(b) the intended parent, or 2 intended parents jointly;10\n(c) another person identified in the arrangement as a party11\nto the surrogacy arrangement, for example, the12\nsurrogate’s partner;13\nqualified counsellor means a person who has the prescribed14\nexperience or prescribed qualifications (or both) to perform the15\nfunctions of a counsellor under this Part;16\nregister of births, deaths and marriages means the Register17\nreferred to in the Births, Deaths and Marriages Registration18\nAct 1998 section 49;19\nRegistrar of Births, Deaths and Marriages means the Registrar20\nof Births, Deaths and Marriages appointed under the Births,21\nDeaths and Marriages Registration Act 1998 section 5;22\nregistration, of a birth, means registration under the Births,23\nDeaths and Marriages Registration Act 1998 Part 3 Division 2;24\nrelationship plan has the meaning given in section 113;25\nsurrogacy expense, in relation to a surrogacy arrangement, has26\nthe meaning given in section 107.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 1 Preliminary\ns. 105\npage 74\n105. What this Part is about1\nThis Part provides for matters related to surrogacy2\narrangements, including —3\n(a) the status of surrogacy arrangements and the4\nrequirements for the arrangements to be valid; and5\n(b) that surrogacy arrangements for reward are prohibited;6\nand7\n(c) the circumstances in which the Family Court can make8\nan order about the parentage of a child born under a9\nsurrogacy arrangement.10\nNote for this section:11\nSee section 16 for the meaning of the terms surrogacy arrangement,12\nsurrogate, intended parent and overseas surrogacy arrangement.13\n106. When is surrogacy arrangement for reward14\nA surrogacy arrangement is for reward if the arrangement15\nprovides for a person to receive payment or other valuable16\nconsideration for anything other than reasonable surrogacy17\nexpenses.18\n107. What is a surrogacy expense19\n(1) A surrogacy expense is an expense of the surrogate associated20\nwith any of the following matters relating to a surrogacy21\narrangement —22\n(a) achieving, or attempting to achieve, a pregnancy,23\nincluding as a result of an ART procedure;24\n(b) the surrogate being pregnant or giving birth;25\n(c) the surrogate or the surrogate’s partner (if any) being a26\nparty to the arrangement or to proceedings in the Family27\nCourt for a parentage order.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nPreliminary Division 1\ns. 107\npage 75\n(2) Without limiting subsection (1), each of the following1\nassociated with a matter mentioned in that subsection is a2\nsurrogacy expense —3\n(a) a medical expense of the surrogate;4\n(b) a reasonable expense for a child born under the5\nsurrogacy arrangement, including a reasonable medical6\nexpense;7\n(c) the value of the surrogate’s lost earnings because of8\nleave taken —9\n(i) for a period of not more than 2 months during10\nwhich the birth happens or was expected to11\nhappen; or12\n(ii) at any time for medical reasons arising during the13\npregnancy;14\n(d) an expense for counselling for the surrogate or15\nsurrogate’s partner (if any);16\n(e) a premium payable for health, disability or life insurance17\nthat —18\n(i) the surrogate would not have taken out if the19\nsurrogacy arrangement had not been entered into;20\nand21\n(ii) provides cover for a period during which an22\nexpense referred to in this subsection is, or was23\nexpected to have been, incurred;24\n(f) an expense for the surrogate’s reasonable travel or25\naccommodation;26\n(g) an expense for childcare for the surrogate’s child or27\nchildren (if any);28\n(h) an expense associated with an assessment or expert29\nadvice, including legal advice, relating to the surrogacy30\narrangement or proceedings in the Family Court for a31\nparentage order;32\n(i) a prescribed expense.33\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 2 Surrogacy arrangements\ns. 108\npage 76\nDivision 2 — Surrogacy arrangements1\n108. When is surrogacy arrangement valid2\n(1) A surrogacy arrangement is valid if the surrogate, each intended3\nparent and any other party to the arrangement has reached4\n18 years of age when the party enters into the arrangement, and5\nthe arrangement —6\n(a) is not for reward; and7\n(b) includes the contents of a surrogacy arrangement8\nrequired under section 109; and9\n(c) is in writing; and10\n(d) is signed by the surrogate and each intended parent; and11\n(e) is entered into after the surrogate and each intended12\nparent —13\n(i) received counselling from a qualified counsellor14\nabout the arrangement and its social and15\npsychological implications; and16\n(ii) obtained independent legal advice, in writing,17\nabout the arrangement and its implications;18\nand19\n(f) is entered into before the surrogate becomes pregnant,20\nunless the arrangement is to replace an existing21\nsurrogacy arrangement involving the same parties.22\n(2) For the purposes of subsection (1)(e)(ii), legal advice about a23\nsurrogacy arrangement is independent if the lawyer providing24\nthe advice —25\n(a) is freely chosen by the person receiving the advice; and26\n(b) is not also providing advice about the arrangement to27\nanother party to the arrangement.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nSurrogacy arrangements Division 2\ns. 109\npage 77\n109. Required contents of surrogacy arrangement1\n(1) For the purposes of section 108(1)(b), a surrogacy arrangement2\nmust provide for the following matters —3\n(a) the surrogate’s agreement —4\n(i) to become, or try to become, pregnant; and5\n(ii) to carry and give birth to a child of the6\npregnancy; and7\n(iii) for each intended parent to be a parent of, and to8\nraise, the child;9\n(b) each intended parent’s agreement —10\n(i) to be a parent of, and to raise, a child of the11\npregnancy; and12\n(ii) to pay or reimburse the surrogate’s reasonable13\nsurrogacy expenses that are specified in the14\narrangement;15\n(c) any prescribed matter.16\nNote for this subsection:17\nFor the purposes of paragraph (b)(ii) — a surrogate’s surrogacy18\nexpenses paid or reimbursed under a surrogacy arrangement may19\naffect whether the arrangement is for reward: see section 106.20\n(2) Subsection (1) does not limit the matters that may be included in21\na surrogacy arrangement.22\n110. Limited enforcement of surrogacy arrangement23\n(1) A surrogacy arrangement is not enforceable except to the extent24\nthat the arrangement provides for an obligation to pay or25\nreimburse surrogacy expenses.26\n(2) Subsection (1) does not affect the ability of the Family Court to27\nconsider a surrogacy arrangement in making a parentage order.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 3 Relationship plans\ns. 111\npage 78\n111. Entering surrogacy arrangement for reward prohibited1\nA person must not enter into, or participate in, a surrogacy2\narrangement for reward.3\nPenalty: imprisonment for 2 years and a fine of $50 000.4\n112. Recruiting surrogates5\n(1) A person or couple who intend to enter into a surrogacy6\narrangement as an intended parent or intended parents may7\nrecruit a person to be a surrogate for a surrogacy arrangement8\nthat is not for reward, and may advertise for that purpose.9\n(2) A licensee may recruit a person to be a surrogate for a surrogacy10\narrangement that is not for reward, and may advertise for that11\npurpose.12\nNote for this section:13\nSee section 106 for when a surrogacy arrangement is for reward.14\nDivision 3 — Relationship plans15\n113. What is a relationship plan16\n(1) A relationship plan is a written plan, agreed to by the parties to17\na surrogacy arrangement, that —18\n(a) is prepared in anticipation of a parentage order being19\nmade for a child born, or to be born, under the20\narrangement; and21\n(b) sets out the parties’ intentions about —22\n(i) whether the child and the child’s intended23\nparents are to have an ongoing relationship with24\nthe surrogate or another person after the25\nparentage order is made; and26\n(ii) if so, matters relating to the ongoing relationship27\nor relationships.28","sortOrder":7},{"sectionNumber":"retrieval-0009","sectionType":"document_chunk","heading":"Document excerpt 9","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nRelationship plans Division 3\ns. 114\npage 79\n(2) Without limiting the matters that a relationship plan may deal1\nwith, the plan may set out details of —2\n(a) any time the child is to spend with the surrogate or3\nanother person; and4\n(b) any communication the child is to have with the5\nsurrogate or another person; and6\n(c) the information that any of the parties to the plan is to7\nprovide to the other parties or another person.8\n(3) In dealing with a matter, a relationship plan must —9\n(a) adequately balance the rights and responsibilities of the10\nparties to the plan; and11\n(b) promote the long-term wellbeing and best interests of12\nthe child; and13\n(c) be reasonable in the circumstances.14\n114. Variation of relationship plan15\n(1) The parties to a relationship plan may vary the plan with the16\nagreement of all the parties.17\n(2) A variation of the relationship plan may be to add a new party18\nto, or remove a party from, the plan.19\n(3) A party to the relationship plan may apply to the Family Court20\nfor approval to vary the plan if —21\n(a) all the parties to the plan cannot agree to the variation;22\nand23\n(b) the child the subject of the plan is under 18 years of age.24\n(4) The Family Court may approve the variation of the relationship25\nplan as specified in the application if satisfied that —26\n(a) the variation is appropriate because of a change of27\ncircumstances since the plan was agreed; and28\n(b) the varied plan would be consistent with section 113.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 4 Transferring child’s parentage to intended parents\ns. 115\npage 80\n115. Family Court’s powers to deal with breach of relationship1\nplan2\n(1) If a party (the first party) to a relationship plan claims that3\nanother party has breached the plan, the first party may apply to4\nthe Family Court for relief in relation to the breach.5\n(2) If the Family Court is satisfied that a breach of the relationship6\nplan has happened or is likely to happen, the court may, on an7\napplication under subsection (1) —8\n(a) order the parties to the relationship plan to participate in9\na mediation process; or10\n(b) as it thinks fit, exercise its powers under the Family11\nCourt Act 1997 to enforce the relationship plan as if the12\nplan were an order made by the Family Court under that13\nAct.14\n(3) Without limiting subsection (2), the Family Court may deal with15\na breach of a relationship plan as if the person who breached the16\nplan contravened an order made by the court under the Family17\nCourt Act 1997 or were in contempt of the court.18\nDivision 4 — Transferring child’s parentage to intended19\nparents20\nSubdivision 1 — Preliminary21\n116. When this Division applies and what it is about22\n(1) This Division applies if a surrogate gives birth to a child under a23\nsurrogacy arrangement.24\n(2) This Division —25\n(a) allows the intended parents of the child to apply to the26\nFamily Court to make an order (a parentage order) to27\ntransfer the parentage of the child to them; and28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nTransferring child’s parentage to intended parents Division 4\ns. 117\npage 81\n(b) provides for the Family Court to make the parentage1\norder for the child if the requirements for making the2\norder are met.3\n(3) In this Division, in a provision about a parentage order or an4\napplication for a parentage order, a reference to the surrogacy5\narrangement is a reference to the surrogacy arrangement under6\nwhich the child the subject of the application was born.7\n117. Child’s best interests paramount8\n(1) In making a decision about a parentage order for the child, the9\nFamily Court must consider the best interests of the child as10\nparamount.11\n(2) For the purposes of this Division, it is presumed to be in the best12\ninterests of the child for the intended parents to be the child’s13\nparents, unless there is evidence to the contrary.14\n118. References to intended parents if only 1 intended parent15\napplies for parentage order16\n(1) If only 1 intended parent applies for a parentage order for the17\nchild, a reference in this Division to the intended parents of the18\nchild is taken to be a reference to that intended parent.19\n(2) If 2 intended parents of the child apply for a parentage order for20\nthe child and 1 of the intended parents dies before the Family21\nCourt decides the application, a reference in this Division to the22\nintended parents of the child is taken to be a reference to the23\nliving intended parent.24\nSubdivision 2 — Orders for transfer of child’s parentage generally25\n119. Applying for parentage order26\n(1) The intended parents of the child may apply to the Family Court27\nfor a parentage order for the child.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 4 Transferring child’s parentage to intended parents\ns. 120\npage 82\n(2) The application —1\n(a) cannot be lodged during the period of 28 days after the2\nday on which the child is born; and3\n(b) cannot be lodged later than 6 months after the day on4\nwhich the child is born, except with the leave of the5\ncourt.6\n(3) The Family Court may give leave under subsection (2)(b) only7\nif satisfied that exceptional circumstances justify the leave being8\ngiven.9\n(4) To the extent possible, the following documents must be lodged10\nwith the application —11\n(a) a certified copy of the child’s birth certificate;12\n(b) a copy of the surrogacy arrangement under which the13\nchild was born;14\n(c) a copy of the relationship plan relating to the child.15\n120. Family Court may make parentage order16\n(1) The Family Court may, on the application of the intended17\nparents of the child under section 119, make a parentage order18\nfor the child if satisfied that —19\n(a) it is in the best interests of the child to make the order;20\nand21\n(b) the surrogacy arrangement under which the child was22\nborn is a valid arrangement; and23\n(c) the intended parents live in the State and, when the order24\nis to be made, will have lived in the State for at least25\n12 months; and26\n(d) the surrogate freely consents to the parentage order27\nbeing made; and28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nTransferring child’s parentage to intended parents Division 4\ns. 121\npage 83\n(e) the intended parents had, when the application was1\nlodged with the Family Court, and will have, when the2\ncourt makes the parentage order, responsibility for the3\nday-to-day care, wellbeing and development of the4\nchild; and5\n(f) the surrogate and the intended parents have agreed in6\nwriting to a relationship plan for the child.7\nNote for this subsection:8\nFor the purposes of paragraph (b), see section 108 for the9\nrequirements that must be satisfied for a surrogacy arrangement to be10\nvalid.11\n(2) A requirement for making a parentage order for the child under12\nsubsection (1) does not apply if the Family Court dispenses with13\nthe requirement under Subdivision 4.14\n(3) For the purposes of subsection (1)(c), it does not matter whether15\nor not the intended parents were present in the State for all of16\nthe 12 months.17\n121. Name of child18\n(1) A parentage order for the child must include an order stating the19\nname by which the child is to be known.20\n(2) Before making an order about the child’s name, the Family21\nCourt must consider —22\n(a) the principle that a child’s first name should not be23\nchanged except in exceptional circumstances; and24\n(b) anything relevant in the relationship plan relating to the25\nchild.26\n(3) An order under subsection (1) does not prevent the child’s name27\nbeing changed later under a law of the State or the28\nCommonwealth.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 4 Transferring child’s parentage to intended parents\ns. 122\npage 84\n122. Ancillary orders1\n(1) If the Family Court makes a parentage order for the child, the2\ncourt may make any other order it considers appropriate —3\n(a) in the interests of justice; or4\n(b) for the wellbeing, and in the best interests, of the child.5\n(2) Without limiting subsection (1), if the child was born outside6\nAustralia, the Family Court may order that the child’s birth be7\nregistered in the register of births, deaths and marriages if the8\ncourt is satisfed that —9\n(a) registration of the child’s birth under an applicable law10\ndoes not include the following —11\n(i) the full name by which the child is known before12\nthe parentage order becomes effective;13\n(ii) the date and place of birth of the child;14\n(iii) the name and address of the surrogate;15\nor16\n(b) the child’s birth was not registered under an applicable17\nlaw.18\n(3) In subsection (2) —19\napplicable law, in relation to the child’s birth, means a law of20\nthe country in which the child was born that provides for the21\nregistration of births.22\n123. Effect of parentage order23\n(1) For the purposes of the laws of the State, the effect of a24\nparentage order for the child is that —25\n(a) the relationship between the child and each person26\nnamed in the parentage order as a parent of the child27\nbecomes a relationship of child and parent; and28\n(b) the relationship between the child and the surrogate29\nstops being a relationship of child and parent; and30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nTransferring child’s parentage to intended parents Division 4\ns. 124\npage 85\n(c) the relationships of other persons to the child are to be1\ndetermined in accordance with paragraphs (a) and (b).2\n(2) Subsection (1)(a) also applies to a person named in the3\nparentage order as a parent of the child who died before the4\nparentage order was made.5\n(3) The appointment of a person as the guardian of the child made6\nunder a deed or will stops having effect when a parentage order7\nfor the child is made.8\nNote for this section:9\nSee section 139(3) in relation to the effect of the discharge of a10\nparentage order for the child for the purposes of applying a law of the11\nState relating to sexual offences if the relationship between persons is12\nrelevant.13\n124. Finality of parentage order14\nA parentage order cannot be appealed against, reviewed, called15\nin question or affected by a court in any way except —16\n(a) in proceedings on an application for discharge of the17\norder under Subdivision 5; or18\n(b) under the Family Court Act 1997 section 211(3).19\nSubdivision 3 — Orders for transfer of child’s parentage in20\nparticular circumstances21\n125. Separation of intended parents22\n(1) This section applies if the child’s intended parents separate23\nbefore a parentage order for the child is made.24\n(2) If an application for a parentage order for the child has not been25\nmade under section 119, either of the child’s intended parents,26\nor both of them, may apply under that section.27\n(3) If only 1 intended parent makes an application, that intended28\nparent must serve a copy of the application on the other29\nintended parent (the non-applicant intended parent) within30\n14 days after making the application.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 4 Transferring child’s parentage to intended parents\ns. 126\npage 86\n(4) A non-applicant intended parent served a copy of an application1\nunder subsection (3) may, within 21 days after being served,2\napply to the Family Court to be joined as a party to proceedings3\non the application.4\n(5) If the intended parents make the application jointly, either5\nbefore or after they separate, 1 intended parent may withdraw6\nfrom the application by —7\n(a) filing notice of the withdrawal in the Family Court; and8\n(b) serving a copy of the notice on the other intended parent9\nwithin 14 days after filing the notice.10\n(6) The Family Court may make a parentage order under11\nsection 120 transferring the parentage of the child solely to12\n1 intended parent (the applicant parent) if —13\n(a) the other intended parent freely consents to an order14\ntransferring parentage of the child solely to the applicant15\nparent; or16\n(b) the court, being satisfied that it is in the best interests of17\nthe child, dispenses with the requirement under18\nparagraph (a) for the other intended parent’s consent.19\n126. Death of intended parent before application for parentage20\norder21\n(1) This section applies if —22\n(a) an intended parent (the deceased person) of the child23\ndies before an application for a parentage order for the24\nchild is made under section 119; or25\n(b) both of the following apply —26\n(i) the surviving partner of a deceased person is an27\nintended parent under a surrogacy arrangement28\nentered into after the person’s death;29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nTransferring child’s parentage to intended parents Division 4\ns. 127\npage 87\n(ii) the child born under the arrangement was1\nconceived as a result of an ART procedure that2\nused the reproductive material or an embryo of3\nthe deceased person (as those terms are defined4\nin section 73(1)).5\n(2) The living intended parent of the child may apply under6\nsection 119 for a parentage order to transfer the parentage of the7\nchild jointly to the living intended parent and the deceased8\nperson.9\n(3) The Family Court may, with the consent of the living intended10\nparent of the child, make a parentage order under section 12011\ntransferring the parentage of the child jointly to the living and12\ndeceased intended parents.13\n127. Death of intended parent after application for parentage14\norder15\n(1) This section applies if an intended parent of the child dies —16\n(a) after an application for a parentage order for the child is17\nmade under section 119; and18\n(b) before the application is decided.19\n(2) The Family Court may —20\n(a) continue to hear and decide the application; and21\n(b) with the consent of the living intended parent of the22\nchild, make a parentage order under section 12023\ntransferring the parentage of the child jointly to the24\nliving and deceased intended parents.25\n128. Multiple births26\n(1) This section applies if —27\n(a) an application for a parentage order for the child is made28\nunder section 119; and29\n(b) the child has a living sibling (a living birth sibling) born30\nof the same pregnancy as the child.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 4 Transferring child’s parentage to intended parents\ns. 129\npage 88\n(2) The Family Court must not make a parentage order for the child1\nunless it also makes a parentage order about each living birth2\nsibling of the child.3\n(3) Subsection (2) does not apply if the Family Court is satisfied4\nthere is an exceptional reason why a parentage order for the5\nliving birth sibling should not be made.6\nSubdivision 4 — Dispensing with requirements for making7\nparentage orders8\n129. Application of Subdivision9\nThis Subdivision provides for the circumstances in which the10\nFamily Court, in deciding whether to make a parentage order for11\nthe child under section 120, may dispense with 1 or more of the12\nrequirements of that section for making the order.13\n130. Requirements to be met by surrogate14\n(1) This section applies if, in relation to an application for a15\nparentage order for the child —16\n(a) the surrogate is deceased or incapacitated; or17\n(b) the intended parents have been unable to contact the18\nsurrogate despite making reasonable efforts to do so; or19\n(c) the embryo from which the child was born was created20\nwithout using reproductive material from the surrogate21\nand at least 1 intended parent is a contributing parent of22\nthe child.23\n(2) The Family Court may, if satisfied that it is in the best interests24\nof the child, dispense with any or all of the following25\nrequirements —26\n(a) the requirement in section 120(1)(d) for the surrogate to27\nconsent to the making of the parentage order;28\n(b) the requirement for the surrogate to have received29\ncounselling or obtained legal advice described in30\nsection 108(1)(e), to the extent it is a requirement in31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nTransferring child’s parentage to intended parents Division 4\ns. 131\npage 89\nsection 120(1)(b) for the surrogacy arrangement to be1\nvalid;2\n(c) the requirement in section 120(1)(f) for the surrogate to3\nhave agreed to a relationship plan for the child.4\n131. Requirement for surrogacy arrangement to be valid5\nThe Family Court may dispense with 1 or more of the6\nrequirements in section 108(1) that must be satisfied for the7\nsurrogacy arrangement to be valid as required by8\nsection 120(1)(b), but only if the court is satisfied that —9\n(a) having considered the circumstances of the surrogate,10\nnot making the parentage order would be contrary to the11\nchild’s best interests and would significantly12\ndisadvantage the child; and13\n(b) it is reasonable in all the circumstances to make the14\nparentage order.15\n132. Requirement for intended parents to have responsibility for16\nchild’s day-to-day care17\n(1) The Family Court may dispense with the requirement in18\nsection 120(1)(e) for an intended parent to have had19\nresponsibility for the day-to-day care, wellbeing and20\ndevelopment of the child at either or both of the following21\ntimes —22\n(a) the time that the intended parents’ application for a23\nparentage order was lodged;24\n(b) the time that the court proposes to make a parentage25\norder for the child.26\n(2) However, the Family Court may only dispense with the27\nrequirement under subsection (1) if satisfied that —28\n(a) it is in the best interests of the child to do so; and29","sortOrder":8},{"sectionNumber":"retrieval-0010","sectionType":"document_chunk","heading":"Document excerpt 10","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 4 Transferring child’s parentage to intended parents\ns. 133\npage 90\n(b) either of the following applies —1\n(i) it is, or was, reasonable in the circumstances for2\nthe intended parents not to have had3\nresponsibility for the day-to-day care, wellbeing4\nand development of the child at a relevant time;5\n(ii) there is a dispute about who is to have6\nresponsibility for the day-to-day care, wellbeing7\nand development of the child.8\nSubdivision 5 — Discharge of parentage order9\n133. Grounds for discharge10\nA parentage order for the child may only be discharged on 1 or11\nmore of the following grounds —12\n(a) the order was obtained by fraud, duress or other13\nimproper means;14\n(b) a consent relied on for making the order was —15\n(i) obtained by fraud or duress; or16\n(ii) in fact, not given; or17\n(iii) given for payment, reward or other material18\nbenefit or advantage (other than payment of the19\nsurrogate’s reasonable surrogacy expenses);20\n(c) there is an exceptional reason why the order should be21\ndischarged.22\n134. Application for discharge order23\n(1) The following persons may apply to the Family Court for an24\norder discharging a parentage order for the child —25\n(a) the child, if the child has reached 18 years of age;26\n(b) the Attorney General;27\n(c) the CEO;28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nTransferring child’s parentage to intended parents Division 4\ns. 135\npage 91\n(d) the chief executive officer of the department of the1\nPublic Service principally assisting in the administration2\nof the Children and Community Services Act 2004.3\n(2) The applicant must make reasonable efforts to give notice of the4\napplication to —5\n(a) each person who became a parent of the child when the6\nparentage order was made; and7\n(b) the surrogate who gave birth to the child; and8\n(c) the child.9\n135. Intervening in application for discharge of parentage order10\n(1) A person may apply to the Family Court for leave to intervene11\nin an application under section 134(1) for an order discharging a12\nparentage order.13\n(2) The Family Court may give the person leave to intervene in the14\napplication.15\n(3) A person given leave to intervene in the application is a party to16\nthe application.17\n136. Family Court may make discharge of parentage order18\n(1) On an application under section 134(1), the Family Court may19\nmake an order discharging a parentage order for the child.20\n(2) However, the Family Court may make the order only if satisfied21\nof all of the following matters —22\n(a) 1 of the grounds for discharging the parentage order23\nmentioned in section 133 exists;24\n(b) reasonable efforts have been made to give notice of the25\napplication in accordance with section 134(2);26\n(c) discharging the parentage order would be in the best27\ninterests of the child.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 4 Transferring child’s parentage to intended parents\ns. 137\npage 92\n(3) An order discharging a parentage order for the child must1\ninclude an order stating the name by which the child is to be2\nknown.3\n(4) Before making an order about the child’s name, the Family4\nCourt must consider the principle that a child’s first name5\nshould not be changed except in exceptional circumstances.6\n(5) An order under subsection (3) does not prevent the child’s name7\nbeing changed later under a law of the State or the8\nCommonwealth.9\n137. Ancillary orders10\n(1) If the Family Court makes an order discharging a parentage11\norder for the child, the court may make any other order it12\nconsiders appropriate —13\n(a) in the interests of justice; or14\n(b) for the wellbeing, and in the best interests, of the child.15\n(2) Without limiting subsection (1), the Family Court may make an16\norder relating to —17\n(a) the duties, powers, responsibilities and authority which,18\nby law, parents have in relation to children; or19\n(b) the home of the child; or20\n(c) the ownership or possession of property.21\n138. Effect of discharge of parentage order22\n(1) If a parentage order for the child is discharged, the rights,23\nduties, liabilities and relationships of persons under a law of the24\nState are the same as if the parentage order had not been made.25\n(2) Subsection (1) —26\n(a) does not apply to the extent that its application would be27\ninconsistent with an order made under section 13628\nor 137; and29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nTransferring child’s parentage to intended parents Division 4\ns. 139\npage 93\n(b) does not affect anything lawfully done, or the1\nconsequences of anything lawfully done, while the2\nparentage order was in force; and3\n(c) does not affect any right or interest in property that4\nvested in a person while the parentage order was in5\nforce.6\nNote for this section:7\nSee also section 139(3) in relation to the effect of the discharge of a8\nparentage order for the child for the purposes of applying a law of the9\nState relating to sexual offences if the relationship between persons is10\nrelevant.11\nSubdivision 6 — Other provisions12\n139. Relationships for laws relating to sexual offences13\n(1) This section applies for the purposes of applying a law of the14\nState relating to sexual offences if the relationship between15\npersons is relevant.16\n(2) Despite section 123 —17\n(a) a parentage order for the child does not end any18\nrelationship that would have existed if the parentage19\norder had not been made; and20\n(b) relationships that existed before the parentage order was21\nmade are taken to exist in addition to the relationships22\nthat exist because the order was made.23\n(3) Despite section 138(1), the discharge of a parentage order for24\nthe child —25\n(a) does not end any relationship that would have existed if26\nthe order had not been discharged; and27\n(b) relationships that existed before the order was28\ndischarged are taken to exist in addition to the29\nrelationships that exist because the order was30\ndischarged.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 5 Access to information\ns. 140\npage 94\n140. Family Court to notify Registrar1\n(1) If the Family Court makes a parentage order for the child or an2\norder discharging a parentage order for the child, the registrar of3\nthe court must give the Registrar of Births, Deaths and4\nMarriages written notice of the following particulars —5\n(a) the date of the order;6\n(b) the full name, and the prescribed particulars, of each7\nintended parent of the child;8\n(c) the full name by which the child is known before, and is9\nto be known after, the order becomes effective;10\n(d) the date and place of birth of the child and the name and11\naddress of the surrogate;12\n(e) the terms of any consequential or ancillary order made13\nin relation to the order under section 122 or 137(1);14\n(f) if available, any other information required by the15\nRegistrar of Births, Deaths and Marriages in relation to16\nthe registration under the Births, Deaths and Marriages17\nRegistration Act 1998 of the birth of a child.18\n(2) If the birth of the child is not registered in the State under the19\nBirths, Deaths and Marriages Registration Act 1998, the20\nregistrar of the Family Court must give the Registrar of Births,21\nDeaths and Marriages a copy of the original registration of the22\nchild’s birth, if it is available.23\n(3) If the child was born outside Australia, the Family Court must24\ngive the Registrar of Births, Deaths and Marriages the25\nprescribed particulars about the child’s birth.26\nDivision 5 — Access to information27\n141. Application of this Division or order under it28\n(1) If a relationship plan provides for a party to the plan to have29\ngreater or earlier access to information than is available under30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nAccess to information Division 5\ns. 142\npage 95\nthis Division, the party is entitled to access the information in1\naccordance with the plan.2\n(2) A right that this Division gives to access information, or an3\norder that the Family Court makes giving access to information,4\nprevails over a provision of any contract or relationship plan5\nthat purports to restrict or exclude that access.6\n142. Family Court order excluding access to information7\n(1) This section applies if —8\n(a) a person —9\n(i) is a surrogate who gave birth to a child under a10\nsurrogacy arrangement; or11\n(ii) has applied for a parentage order; or12\n(iii) is named in a parentage order as a parent of a13\nchild;14\nand15\n(b) the person believes that, if a particular person (the16\nspecified person) has access to information under this17\nDivision, it is likely the specified person would pose a18\nserious risk of harm to the person, the person’s partner19\nor a child of the person.20\n(2) The person may apply to the Family Court for an order (an21\nexclusion order) excluding the specified person from having22\naccess to specified information under this Division.23\n(3) The court may make an exclusion order in relation to the24\nspecified person if satisfied that the serious risk of harm25\nmentioned in subsection (1)(b) would be likely to exist if the26\nexclusion order was not made.27\n(4) The exclusion order may exclude access to information under28\nthis Division as follows —29\n(a) to all or some of the specified information;30\n(b) in all or specified circumstances;31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 5 Access to information\ns. 143\npage 96\n(c) from being given by the Family Court;1\n(d) under a specified right of access that would otherwise2\narise under this Division.3\n(5) If an exclusion order is made, the registrar of the Family Court4\nmust give the Registrar of Births, Deaths and Marriages a5\ncertified copy of the exclusion order as soon as practicable after6\nit is made.7\n(6) The specified person in relation to an exclusion order may apply8\nto the Family Court for the exclusion order to be revoked,9\nsuspended or varied.10\n143. Access to certain Family Court records11\n(1) A person may access the record of proceedings in the Family12\nCourt relating to a parentage order for a child only with the13\ncourt’s approval.14\n(2) The following persons may apply, in writing, to the Family15\nCourt for access to all or part of the record of proceedings —16\n(a) the child;17\n(b) the surrogate who gave birth to the child;18\n(c) a person named as a parent of the child in a parentage19\norder;20\n(d) another person who was a party to the proceedings.21\n(3) The Family Court may approve a person’s access to all or part22\nof the record of proceedings on the person’s application.23\n(4) Without limiting the reasons for refusing a person’s application,24\nthe Family Court may refuse the application if —25\n(a) the person has not provided proof of the person’s26\nidentity; or27\n(b) the person has not complied with a requirement of the28\nFamily Court relating to the inspection and release of29\ninformation from its record of proceedings; or30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nAccess to information Division 5\ns. 144\npage 97\n(c) giving access would be contrary to a Family Court order1\nexcluding the person from the hearing of the2\nproceedings.3\n144. Access to registration of birth4\n(1) A person has the right to access the registration of the birth of a5\nchild whose parentage was transferred by a parentage order only6\nif the person is —7\n(a) the child; or8\n(b) the surrogate for the child; or9\n(c) named as a parent of the child in the parentage order.10\n(2) For the purposes of the Births, Deaths and Marriages11\nRegistration Act 1998 section 54 or 55, a person’s right to12\naccess the registration of a birth under subsection (1) is an13\nadequate reason for the Registrar of Births, Deaths and14\nMarriages —15\n(a) to allow the person access to the register of births,16\ndeaths and marriages under section 54 of that Act; and17\n(b) to provide the person with information extracted from18\nthe register of births, deaths and marriages under that19\nAct; and20\n(c) to search for information in the register of births, deaths21\nand marriages under section 55 of that Act.22\n(3) Despite subsections (1) and (2), the person may be refused23\naccess if —24\n(a) the person has not produced proof of the person’s25\nidentity to the Registrar of Births, Deaths and Marriages26\nor another appropriate officer; or27\n(b) the person has not complied with a requirement of, or28\nunder, the Births, Deaths and Marriages Registration29\nAct 1998 relating to that access.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 6 Family Court proceedings\ns. 145\npage 98\n145. Portion of registration of birth not referring to parentage1\norder2\n(1) This section applies in relation to a child whose parentage was3\ntransferred by a parentage order.4\n(2) If requested, the Registrar of Births, Deaths and Marriages must5\nissue to the person making the request a certified copy of the6\nportion of the registration of the birth of the child that does not7\nrefer to the surrogate who gave birth to the child or the change8\nof parentage.9\n(3) A request under subsection (2) can only be made by —10\n(a) if the child has reached 16 years of age — the child; or11\n(b) if the child is under 16 years of age — a person named12\nas a parent of the child in the parentage order.13\n(4) A certified copy of a portion of the registration of a child’s birth14\nissued under subsection (2) is admissible in any proceedings as15\nevidence of the facts stated in it.16\nDivision 6 — Family Court proceedings17\n146. Application of Family Court Act 199718\n(1) The Family Court Act 1997 applies in relation to proceedings of19\nthe court under this Act as if —20\n(a) a reference to proceedings under that Act, in a provision21\nof that Act listed in the Table to this subsection, includes22\na reference to the proceedings under this Act; and23\n(b) a reference to jurisdiction of the court under that Act, in24\nsection 244 of that Act, includes a reference to25\njurisdiction conferred under this Act; and26\n(c) a reference in that Act to a family consultant were a27\nreference only to a person appointed under section 25 of28\nthat Act.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nSurrogacy Part 6\nOffences Division 7\ns. 147\npage 99\nTable1\ns. 60 s. 62(1)\ns. 65 s. 73\ns. 164 s. 165\ns. 166 s. 194\ns. 195 s. 201\ns. 207 s. 208\ns. 213 s. 216\ns. 245(2)\n(2) The Family Court Act 1997 section 212 does not apply to2\nproceedings of the court under this Act.3\n147. Family Court proceedings to be private4\n(1) Proceedings of the Family Court under this Part, and5\nproceedings of the Supreme Court arising out of those6\nproceedings, must not be heard in open court.7\n(2) All persons, other than a party to the proceedings and the8\nparty’s lawyer, are to be excluded during the proceedings,9\nunless otherwise directed by the court.10\n(3) The Family Court may order a person to leave the court or11\nanother place during the examination of a witness in the12\nproceedings.13\nDivision 7 — Offences14\n148. Territorial application15\nThis Division and section 111 apply in relation to —16\n(a) acts done in the State regardless of the whereabouts of17\nthe offender at the time the act is done; or18\n(b) acts done outside the State if the offender is ordinarily19\nresident in the State at the time the act is done.20\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 6 Surrogacy\nDivision 7 Offences\ns. 149\npage 100\n149. Publishing certain information for surrogacy arrangement1\nfor reward2\nA person must not publish —3\n(a) anything intended, or likely, to induce a person to enter4\ninto, or participate in, a surrogacy arrangement for5\nreward; or6\n(b) anything to the effect that a person is sought who is7\nwilling to enter into, or participate in, a surrogacy8\narrangement for reward; or9\n(c) anything to the effect that a person is or might be willing10\nto enter into, or participate in, a surrogacy arrangement11\nfor reward.12\nPenalty: a fine of $50 000.13\nNote for this section:14\nFor when a surrogacy arrangement is taken to be for reward: see15\nsection 106.16\n150. Coercing person to enter surrogacy arrangement17\n(1) In this section —18\ncoerce includes to threaten or intimidate.19\n(2) A person must not coerce another person to enter into, or20\nparticipate in, a surrogacy arrangement.21\nPenalty for this subsection: imprisonment for 2 years and a fine22\nof $50 000.23\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nPreliminary Division 1\ns. 151\npage 101\nPart 7 — Licensing of ART services1\nDivision 1 — Preliminary2\n151. What this Part is about3\nThis Part deals with the licences authorising the provision of4\nART services.5\n152. Terms used6\nIn this Part —7\ndiscretionary condition, of a licence, has the meaning given in8\nsection 175(1)(b);9\nfit and proper person means a person who is fit and proper to10\nbe involved with the provision of ART services;11\nHealth Act means —12\n(a) an Act administered by the Minister, other than this Act;13\nor14\n(b) a prescribed Act;15\ninterim licensee has the meaning given in section 189(3);16\nlicensing, compliance and accreditation history, of a person,17\nmeans —18\n(a) the status of any licence held by the person under this19\nAct or a corresponding law, including —20\n(i) any conditions imposed on the licence; and21\n(ii) any suspension or cancellation of the licence22\nunder this Act or a corresponding law;23\nand24\n(b) any contraventions of this Act or a corresponding law by25\nthe person; and26\n(c) the status of the person’s accreditation with a prescribed27\naccreditation body;28","sortOrder":9},{"sectionNumber":"retrieval-0011","sectionType":"document_chunk","heading":"Document excerpt 11","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 1 Preliminary\ns. 152\npage 102\nmandatory condition, of a licence, has the meaning given in1\nsection 175(1)(a);2\nofficer, in relation to a body corporate, has the meaning given in3\nthe Corporations Act 2001 (Commonwealth) section 9AD;4\nperson with management or control, of a licensee or proposed5\nlicensee, means —6\n(a) in the case of a sole trader — the individual who is the7\nsole trader; or8\n(b) in the case of a body corporate — each officer of the9\nbody corporate; or10\n(c) in the case of a partnership — each partner; or11\n(d) in the case of a trust — each person who has a12\nresponsibility as trustee of the trust; or13\n(e) in the case of an incorporated association under the14\nAssociations Incorporation Act 2015 — each member of15\nthe management committee as defined in section 3 of16\nthat Act; or17\n(f) in the case of any other type of entity — a person who18\nhas the responsibility, alone or with others, for19\nmanaging the operations of the licensee or proposed20\nlicensee;21\npolicies and procedures means the policies and procedures22\nrelating to the provision of ART services that a licensee must23\nhave as required by the regulations;24\nstatement of reasons, for a decision, means a written statement25\ncontaining —26\n(a) the reasons for the decision; and27\n(b) any findings on material questions of fact that led to the28\ndecision, referring to the evidence or other materials on29\nwhich those findings were based.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nApplication for licence Division 2\ns. 153\npage 103\nDivision 2 — Application for licence1\n153. Application for licence2\nA person may apply to the CEO for a licence.3\n154. Requirements for application for licence4\n(1) An application for a licence must —5\n(a) be made in the approved form; and6\n(b) specify the proposed licensee; and7\n(c) specify the ART services that would be provided by the8\nproposed licensee; and9\n(d) list each person proposed to have management or10\ncontrol of the proposed licensee; and11\n(e) state the premises at which the proposed licensee would12\nprovide ART services; and13\n(f) include the policies and procedures that the proposed14\nlicensee would have if it were granted a licence; and15\n(g) include the information required by the approved form;16\nand17\n(h) be accompanied by the prescribed fee.18\n(2) If an application for a licence does not comply with19\nsubsection (1), the CEO may reject the application without20\nfurther consideration.21\n155. Investigations related to considering an application22\nAfter receiving an application for a licence made under23\nsection 153, the CEO may —24\n(a) request that the applicant provide the CEO with further25\nspecified information in relation to the provision of ART26\nservices by the proposed licensee; and27\n(b) inspect the premises at which ART services are28\nproposed to be provided by the proposed licensee for the29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 2 Application for licence\ns. 156\npage 104\npurpose of investigating whether the premises,1\nequipment, staffing and facilities are appropriate for the2\nservices; and3\n(c) review the adequacy of the policies and procedures that4\nthe proposed licensee would have if it were granted a5\nlicence.6\n156. Criteria for deciding application for licence7\n(1) In deciding an application for a licence, the CEO must8\nconsider —9\n(a) the application; and10\n(b) information provided to the CEO in response to a11\nrequest for the information made under section 155(a);12\nand13\n(c) the licensing, compliance and accreditation history of14\nthe proposed licensee and each person proposed to have15\nmanagement or control of the proposed licensee; and16\n(d) the information collected by the CEO under17\nsection 155(b) or 174.18\n(2) The CEO may grant the licence only if satisfied that —19\n(a) the proposed licensee, and each person proposed to have20\nmanagement or control of the proposed licensee, are fit21\nand proper persons; and22\n(b) the proposed licensee has the prescribed accreditation;23\nand24\n(c) appropriate premises, equipment, staffing and facilities25\nare available, and are likely to remain available, for the26\nART services to be provided by the proposed licensee;27\nand28\n(d) the policies and procedures that the proposed licensee29\nwould have if it were granted a licence are adequate for30\nthe ART services to be provided by the proposed31\nlicensee.32\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nApplication for licence Division 2\ns. 157\npage 105\n(3) The CEO must not grant the licence if —1\n(a) the proposed licensee is, according to the Interpretation2\nAct 1984 section 13D, a bankrupt or a person whose3\naffairs are under insolvency laws; or4\n(b) in the case of a proposed licensee that is a body5\ncorporate, the body corporate is under receivership or6\nofficial management or is in liquidation.7\n157. Decision on application for licence8\n(1) This section applies if an application for a licence is made under9\nsection 153.10\n(2) The CEO must, within the prescribed period after receiving the11\napplication, consider the application and decide to —12\n(a) grant the licence; or13\n(b) grant the licence subject to such conditions as the CEO14\nthinks fit; or15\n(c) refuse to grant the licence.16\n(3) If the CEO requests further information from a person under17\nsection 155(a) or 174(2)(b), the period stated in subsection (2) is18\nextended by the same number of days taken by the person to19\nprovide the CEO with all the requested information.20\n158. Notice of decision on application for licence21\n(1) Within 10 business days after making a decision under22\nsection 157(2), the CEO must give the applicant written notice23\nof the decision.24\n(2) If the decision is to grant the licence with 1 or more conditions,25\nor to refuse the grant of a licence, the notice of the decision26\nmust —27\n(a) include a statement of reasons for the decision; and28\n(b) state that the applicant can request the CEO to29\nreconsider the decision under section 192(1).30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 3 Renewal of licence\ns. 159\npage 106\n159. Grant of licence1\n(1) If the CEO decides to grant a licence, the CEO must issue a2\nlicence to the licensee.3\n(2) The licence has effect for the period specified in the licence,4\nbeing a period of not more than 5 years, subject to surrender,5\nsuspension or cancellation.6\nDivision 3 — Renewal of licence7\n160. Application for renewal of licence8\nA licensee may apply to the CEO to renew its licence.9\n161. Requirements for application for renewal of licence10\n(1) An application for the renewal of a licence must —11\n(a) be made at least 3 months before the end of the term of12\nthe licence; and13\n(b) be made in the approved form; and14\n(c) confirm whether all recorded details of the licence15\nremain correct; and16\n(d) if recorded details of the licence are not correct, specify17\nthe correct details; and18\n(e) include the information required by the approved form;19\nand20\n(f) be accompanied by the prescribed fee.21\n(2) If an application for the renewal of a licence does not comply22\nwith subsection (1), the CEO may reject the application without23\nfurther consideration.24\n162. Considering application for renewal of licence25\n(1) Sections 155 and 156 apply in relation to deciding an26\napplication for the renewal of a licence in the same way those27\nsections apply to deciding an application for a licence.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nRenewal of licence Division 3\ns. 163\npage 107\n(2) If the term of a licence ends before an application for the1\nrenewal of the licence is decided, the term continues until the2\nend of the day on which notice of the CEO’s decision is given to3\nthe applicant under section 164(1).4\n163. Decision on application for renewal of licence5\n(1) This section applies if an application to renew a licence is made6\nunder section 160.7\n(2) The CEO must, within the prescribed period after receiving the8\napplication, consider the application and decide to —9\n(a) renew the licence; or10\n(b) renew the licence and either impose a new condition or11\namend an existing condition of the licence; or12\n(c) refuse to renew the licence.13\n(3) If the CEO requests further information from a person under14\nsection 155(a) (as applied by section 162(1)) or 174(2)(b)), the15\nperiod stated in subsection (2) is extended by the same number16\nof days taken by the person to provide the CEO with all the17\nrequested information.18\n164. Notice of decision on application for renewal of licence19\n(1) Within 10 business days after making a decision under20\nsection 163(2), the CEO must give the applicant written notice21\nof the decision.22\n(2) If the decision is to renew the licence and either impose a new23\ncondition or amend an existing condition of the licence, or24\nrefuse to renew the licence, the notice of the decision must —25\n(a) include a statement of reasons for the decision; and26\n(b) state that the applicant can request the CEO to27\nreconsider the decision under section 192(1).28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 4 Variation of licence\ns. 165\npage 108\n165. Renewal of licence1\n(1) If the CEO decides to renew a licence, the CEO must issue a2\nlicence to the licensee to replace the previous licence.3\n(2) The licence issued under subsection (1) —4\n(a) takes effect on the day after the day on which the term5\nof the previous licence ends; and6\n(b) has effect for the period specified in the licence, being a7\nperiod of not more than 5 years, subject to surrender,8\nsuspension or cancellation.9\nDivision 4 — Variation of licence10\n166. Application for variation of licence11\n(1) A licensee must apply to the CEO to vary its licence if there is,12\nor there is proposed to be, a change to any of the following13\nmatters —14\n(a) the premises at which ART services are provided by the15\nlicensee;16\n(b) the ART services provided by the licensee;17\n(c) the licensee’s trading name;18\n(d) a person with management or control of the licensee.19\n(2) For the purposes of subsection (1)(a), an ART service provided20\nby an authorised practitioner under section 29(1), or in a21\nhospital, does not constitute a change of premises.22\n167. Requirements for application for variation of licence23\n(1) An application to vary a licence must —24\n(a) be made in the approved form; and25\n(b) specify the change referred to in section 166(1) that is26\nthe subject of the application; and27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nVariation of licence Division 4\ns. 168\npage 109\n(c) be made —1\n(i) if the change is unexpected — as soon as2\npracticable after the change happens; or3\n(ii) if the change is proposed to happen — within the4\nprescribed period before the change happens;5\nand6\n(d) include the information required by the approved form;7\nand8\n(e) be accompanied by the prescribed fee.9\n(2) If an application to vary a licence does not comply with10\nsubsection (1), the CEO may reject the application without11\nfurther consideration.12\n(3) Sections 155 and 156 apply, to the extent necessary, in relation13\nto deciding an application for the variation of a licence, in the14\nsame way those sections apply to deciding an application for a15\nlicence.16\n168. Decision on application for variation of licence17\n(1) This section applies if an application to vary a licence is made18\nunder section 166.19\n(2) The CEO must, within the prescribed period after receiving the20\napplication, consider the application and decide to —21\n(a) vary the licence; or22\n(b) vary the licence and either impose a new condition or23\namend an existing condition of the licence; or24\n(c) refuse to vary the licence.25\n(3) If the CEO requests further information from a person under26\nsection 155(a) (as applied by section 162(1)) or 174(2)(b), the27\nperiod stated in subsection (2) is extended by the same number28\nof days taken by the person to provide the CEO with all the29\nrequested information.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 5 Other matters affecting licences\ns. 169\npage 110\n169. Notice of decision on application for variation of licence1\n(1) As soon as practicable after making a decision under2\nsection 168(2), the CEO must give the licensee written notice of3\nthe decision.4\n(2) If the decision is to vary the licence and either impose a new5\ncondition or amend an existing condition of the licence, or6\nrefuse to vary the licence, the notice of the decision must —7\n(a) include a statement of reasons for the decision; and8\n(b) state that the applicant can request the CEO to9\nreconsider the decision under section 192(1).10\n170. Variation of licence11\n(1) If the CEO decides to vary a licence, the CEO must make the12\nvariation to the licence and reissue it to the licensee.13\n(2) A variation of the licence does not restart or otherwise affect the14\nterm of the licence.15\nDivision 5 — Other matters affecting licences16\n171. Annual service fee17\nEach year, a licensee must pay the prescribed annual service fee18\nfor that year before the prescribed date.19\n172. Surrender of licence20\n(1) A licensee may surrender its licence by written notice given to21\nthe CEO.22\n(2) The notice of surrender must —23\n(a) be in the approved form; and24\n(b) set out the date (the surrender date) on which the25\nsurrender takes effect, being a day not earlier than26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nOther matters affecting licences Division 5\ns. 173\npage 111\n3 months after the day on which the notice is given to1\nthe CEO; and2\n(c) include the information required by the approved form.3\n(3) The licence terminates on the surrender date.4\n(4) If a licensee (the former licensee) surrenders a licence under5\nthis section, the CEO may require the former licensee to do 1 or6\nmore of the following things by giving to the former licensee7\nwritten notice of the requirement —8\n(a) if safe and appropriate, continue time-sensitive ART9\nprocedures until each ART participant can be safely10\ntransferred to the care of another licensee;11\n(b) transfer, in a timely manner, any clients, records or other12\ninformation or stored reproductive material or embryos13\nto an appropriate entity that is to provide an ART14\nservice in place of the licensee;15\n(c) provide specified information, in a specified way, to16\npersons potentially affected by the surrender;17\n(d) take a prescribed action.18\n173. End of term of licence19\n(1) This section applies if the term of a licence ends and does not20\ncontinue under section 162(2).21\nNote for this subsection:22\nSection 162(2) provides for the term of a licence to continue until an23\napplication for the renewal of the licence made before the end of the24\nterm is decided.25\n(2) The CEO may require the person who was the licensee under26\nthe licence (the former licensee) to do 1 or more of the27\nfollowing things by giving to the former licensee written notice28\nof the requirement —29\n(a) if safe and appropriate, continue time-sensitive ART30\nprocedures until each ART participant can be safely31\ntransferred to the care of another licensee;32\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 6 Investigations as to fit and proper persons\ns. 174\npage 112\n(b) transfer, in a timely manner, any clients, records or other1\ninformation or stored reproductive material or embryos2\nto an appropriate entity that is to provide an ART3\nservice in place of the licensee;4\n(c) keep a record the former licensee was required to keep5\nunder section 35 —6\n(i) for the period the record is required to be kept7\nunder that section; and8\n(ii) at the place and in the form specified in the9\nnotice;10\n(d) provide specified information, in a specified way, to11\npersons potentially affected by the term of the licence12\nending;13\n(e) take a prescribed action.14\nDivision 6 — Investigations as to fit and proper persons15\n174. Investigating whether person is fit and proper person16\n(1) The CEO may, at any time, investigate whether any of the17\nfollowing persons is a fit and proper person —18\n(a) a person with management or control of a licensee;19\n(b) a person proposed to have management or control of a20\nlicensee;21\n(c) a person proposed to have management or control of a22\nproposed licensee.23\n(2) For the purpose of the investigation, the CEO may —24\n(a) investigate the licensing, compliance and accreditation25\nhistory of the person being investigated; and26\n(b) request that the person being investigated provide the27\nCEO with information that the CEO considers necessary28\nfor determining whether the person is a fit and proper29\nperson.30","sortOrder":10},{"sectionNumber":"retrieval-0012","sectionType":"document_chunk","heading":"Document excerpt 12","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nConditions on licences Division 7\ns. 175\npage 113\n(3) The request for information under subsection (2)(b) must —1\n(a) be made in writing; and2\n(b) specify the manner in which and the period (not less3\nthan 28 days after the request is made) within which the4\nrequest must be complied with; and5\n(c) state that a failure to comply with the request will result6\nin the CEO having sufficient grounds for forming the7\nopinion that the person is not a fit and proper person.8\n(4) If a request made under subsection (2)(b) is not complied with,9\nthe CEO is taken to have sufficient grounds for forming the10\nopinion that the person being investigated is not a fit and proper11\nperson.12\nDivision 7 — Conditions on licences13\n175. Conditions on licences14\n(1) A licence is subject to the following conditions —15\n(a) the conditions (the mandatory conditions) set out in16\nsubsections (3) and (4);17\n(b) each condition (a discretionary condition) that is18\nimposed by the CEO —19\n(i) when granting, renewing or varying the licence;20\nor21\n(ii) under section 176(1)(b).22\n(2) A reference to a condition in subsection (1)(b) includes a23\nreference to the condition as amended from time to time under24\nsection 176(1)(a).25\n(3) It is a condition of a licence that the licensee must ensure that26\nART services are provided in a way that ensures the health,27\nsafety and wellbeing of each of the following persons —28\n(a) a person born as a result of an ART procedure;29\n(b) an ART participant;30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 7 Conditions on licences\ns. 176\npage 114\n(c) a contributing parent of reproductive material;1\n(d) an intended parent of an embryo or in relation to an2\nART procedure;3\n(e) a donor of reproductive material or an embryo.4\n(4) It is a condition of a licence that the licensee must hold the5\ninsurances, accreditations, other licences and authorisations6\nrequired by the regulations.7\n(5) The CEO cannot impose a discretionary condition that is8\ninconsistent with a mandatory condition.9\n176. Power to impose, amend or revoke discretionary conditions10\n(1) The CEO may, at any time —11\n(a) amend or revoke a discretionary condition of a licence;12\nor13\n(b) impose a new condition on a licence.14\n(2) The CEO may amend a discretionary condition, or impose a15\nnew condition, under subsection (1) only if the CEO considers16\nthe amended or new condition is necessary in the circumstances.17\n(3) If the CEO acts under subsection (1), the CEO must notify the18\nlicensee in writing as soon as practicable after taking the action.19\n(4) If the notice is about amending a discretionary condition or20\nimposing a new condition, the notice must —21\n(a) state the amended or new condition; and22\n(b) include a statement of reasons for the decision to amend23\nthe condition or impose the new condition; and24\n(c) state that the licensee can request the CEO to reconsider25\nthe decision under section 192(1).26\n(5) An amendment or revocation of a discretionary condition, or27\nimposition of a new condition, under subsection (1) takes effect28\non the day specified in the notice.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nDisciplinary action Division 8\ns. 177\npage 115\nDivision 8 — Disciplinary action1\nSubdivision 1 — Suspension with advance notice2\n177. Grounds for suspending licence3\nThe CEO may suspend a licence if satisfied that —4\n(a) a mandatory condition or discretionary condition of the5\nlicence has not been complied with; or6\n(b) the licensee has failed to ensure that the licensee’s7\npolicies and procedures are complied with; or8\n(c) the licensee has contravened this Act, a Health Act or a9\ncorresponding law; or10\n(d) there has been a change to a matter to which section 16611\napplies and —12\n(i) the licensee did not apply to the CEO for a13\nvariation of the licence under section 167; or14\n(ii) the licensee applied to the CEO for a variation of15\nthe licence under section 167 and the CEO16\nrefused to vary the licence;17\nor18\n(e) a compliance notice given to the licensee has not been19\ncomplied with; or20\n(f) the licensee has not paid a fee by the date on which the21\nfee must be paid under this Act; or22\n(g) the CEO has formed the opinion that a person with23\nmanagement or control of the licensee is not a fit and24\nproper person.25\n178. Show cause notice for proposed suspension26\n(1) If the CEO proposes to suspend a licence, the CEO must give a27\nwritten notice (the show cause notice) to the licensee at least28\n14 days before the suspension is proposed to take effect.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 8 Disciplinary action\ns. 179\npage 116\n(2) The show cause notice must state —1\n(a) that the CEO proposes to suspend the licence; and2\n(b) the period of the proposed suspension; and3\n(c) the grounds on which the CEO relies for suspending the4\nlicence; and5\n(d) the actions, if any, that may be taken by the licensee in6\norder for the suspension to be ended early; and7\n(e) that the licensee may respond to the show cause notice8\nin writing given to the CEO within 7 days after9\nreceiving the notice.10\n(3) The requirement to give a show cause notice under11\nsubsection (1) does not apply if the CEO decides to immediately12\nsuspend the licence under section 182.13\n179. Response to show cause notice14\n(1) This section applies if a licensee receives a show cause notice15\nunder section 178(1) about a proposed suspension.16\n(2) Within 7 days after receiving the notice, the licensee may give17\nthe CEO —18\n(a) written evidence or information to dispute the grounds19\nfor the proposed suspension; or20\n(b) a written undertaking to remedy the matter constituting,21\nor each matter contributing to, the grounds for the22\nproposed suspension and the timeframe for doing so.23\n180. Decision on suspension24\n(1) After giving a licensee a show cause notice under section 178(1)25\nand considering all evidence, information and undertakings26\nprovided by the licensee under section 179, the CEO must27\ndecide to —28\n(a) take no further action; or29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nDisciplinary action Division 8\ns. 180\npage 117\n(b) accept an undertaking provided by the licensee instead1\nof proceeding with the suspension; or2\n(c) suspend the licence.3\n(2) As soon as practicable after making a decision under4\nsubsection (1), the CEO must give written notice of the decision5\nto the licensee.6\n(3) If the decision is to suspend the licence, the notice must —7\n(a) state that the CEO has decided to suspend the licence;8\nand9\n(b) state the period of the suspension; and10\n(c) include a statement of reasons for the decision; and11\n(d) state the actions, if any, that may be taken by the12\nlicensee in order for the suspension to be ended early;13\nand14\n(e) state that the licensee can request the CEO to reconsider15\nthe decision under section 192(1).16\n(4) In addition to suspending the licence, the CEO may require the17\nlicensee to do 1 or more of the following things by giving18\nwritten notice of the requirement to the licensee —19\n(a) if safe and appropriate, continue time-sensitive ART20\nprocedures until each ART participant can be safely21\ntransferred to the care of another licensee;22\n(b) transfer, in a timely manner, any clients, records or other23\ninformation or stored reproductive material or embryos24\nto an appropriate entity that is to provide an ART25\nservice in place of the licensee;26\n(c) provide specified information, in a specified way, to27\npersons potentially affected by the suspension;28\n(d) take a prescribed action.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 8 Disciplinary action\ns. 181\npage 118\n181. Ending suspension early1\n(1) The CEO may end the suspension of a licence under this2\nSubdivision early if satisfied that the grounds for the suspension3\nhave been appropriately addressed.4\n(2) If the CEO decides to end a suspension early, the CEO must5\ngive the licensee written notice of the earlier day on which the6\nsuspension ends.7\nSubdivision 2 — Immediate suspension8\n182. Immediate suspension9\n(1) This section applies if the CEO has reasonable grounds to10\nbelieve —11\n(a) there is an immediate risk to the health, safety or12\nwellbeing of any person being provided an ART service13\nby a licensee; or14\n(b) there is an immediate risk to the safety or viability of15\nany reproductive material or embryo stored by a16\nlicensee; or17\n(c) a prescribed circumstance exists in relation to a licensee18\nor an ART service provided by the licensee.19\n(2) The CEO may immediately suspend the licence of the licensee20\nfor a maximum period of 3 months by giving written notice of21\nthe suspension to the licensee.22\n(3) The notice must —23\n(a) state that the CEO has decided to immediately suspend24\nthe licence; and25\n(b) state the period of the suspension; and26\n(c) include a statement of reasons for the decision to27\nimmediately suspend the licence; and28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nDisciplinary action Division 8\ns. 183\npage 119\n(d) state the actions, if any, that may be taken by the1\nlicensee in order for the suspension to be ended early;2\nand3\n(e) state that the licensee can request the CEO to reconsider4\nthe decision under section 192(1).5\n(4) In addition to suspending the licence under this section, the6\nCEO may require the licensee to do 1 or more of the following7\nthings by giving written notice of the requirement to the8\nlicensee —9\n(a) if safe and appropriate, continue time-sensitive ART10\nprocedures until each ART participant can be safely11\ntransferred to the care of another licensee;12\n(b) transfer, in a timely manner, any clients, records or other13\ninformation or stored reproductive material or embryos14\nto an appropriate entity that is to provide an ART15\nservice in place of the licensee;16\n(c) provide specified information, in a specified way, to17\npersons potentially affected by the suspension;18\n(d) take a prescribed action.19\n183. Ending suspension early20\n(1) The CEO may end the suspension of a licence under this21\nSubdivision early if satisfied that the grounds for the suspension22\nhave been appropriately addressed.23\n(2) If the CEO decides to end the suspension early, the CEO must24\ngive the licensee written confirmation of the earlier day on25\nwhich the suspension ends.26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 8 Disciplinary action\ns. 184\npage 120\nSubdivision 3 — Cancellation1\n184. Grounds for cancelling licence2\nThe CEO may cancel a licence if —3\n(a) the licensee is found guilty of an offence under this Act;4\nor5\n(b) for a licence that is suspended — the CEO is satisfied6\nthat the licensee has failed to comply with a requirement7\nimposed on the licensee under section 180(4) or 182(4);8\nor9\n(c) the licensee ceased providing ART services without10\nsurrendering its licence under section 172 and there is11\nno interim licensee providing ART services under the12\nlicence; or13\n(d) the licensee became unable to provide ART services14\nunder its licence, other than because its licence is15\nsuspended or cancelled, without notifying the CEO as16\nrequired under section 188(2) and there is no interim17\nlicensee providing ART services under the licence; or18\n(e) the CEO believes on reasonable grounds that the19\ncontinued provision of ART services by the licensee20\npresents an unacceptable risk to the health, safety or21\nwellbeing of persons provided with those services; or22\n(f) the CEO believes on reasonable grounds that the23\ncontinued storage of reproductive material or embryos24\nby the licensee presents an unacceptable risk to the25\nsafety or viability of the reproductive material or26\nembryos; or27\n(g) the CEO has formed the opinion that a person with28\nmanagement or control of the licensee is not a fit and29\nproper person.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nDisciplinary action Division 8\ns. 185\npage 121\n185. Show cause notice for proposed cancellation1\n(1) If the CEO proposes to cancel a licence, the CEO must give a2\nwritten notice (the show cause notice) to the licensee at least3\n14 days before the cancellation is proposed to take effect.4\n(2) The show cause notice must state —5\n(a) that the CEO proposes to cancel the licence; and6\n(b) the grounds on which the CEO relies for cancelling the7\nlicence; and8\n(c) that the licensee may respond to the show cause notice9\nin writing given to the CEO within 7 days after10\nreceiving the notice.11\n186. Response to show cause notice12\n(1) This section applies if a licensee receives a show cause notice13\nunder section 185(1) about a proposed cancellation.14\n(2) Within 7 days after receiving the notice, the licensee may give15\nthe CEO —16\n(a) written evidence or information to dispute the grounds17\nfor the proposed cancellation; or18\n(b) a written undertaking to remedy the matter constituting,19\nor each matter contributing to, the grounds for the20\nproposed cancellation and the timeframe for doing so.21\n187. Decision on cancellation22\n(1) After giving a licensee a show cause notice under section 185(1)23\nand considering all evidence, information and undertakings24\nprovided by the licensee under section 186, the CEO must25\ndecide to —26\n(a) take no further action; or27\n(b) accept an undertaking provided by the licensee instead28\nof proceeding with the cancellation; or29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 8 Disciplinary action\ns. 187\npage 122\n(c) suspend the licence instead of proceeding with the1\ncancellation; or2\n(d) cancel the licence.3\n(2) As soon as practicable after making a decision under4\nsubsection (1), the CEO must give written notice of the decision5\nto the licensee.6\n(3) If the decision is to suspend or cancel the licence, the notice7\nmust —8\n(a) state that the CEO has decided to suspend or cancel the9\nlicence; and10\n(b) include a statement of reasons for the decision; and11\n(c) if the decision is to suspend the licence, state —12\n(i) the period of the suspension; and13\n(ii) the actions, if any, that may be taken by the14\nlicensee in order for the suspension to be ended15\nearly;16\nand17\n(d) if the decision is to cancel the licence — state the day on18\nwhich the cancellation takes effect; and19\n(e) state that the licensee can request the CEO to reconsider20\nthe decision under section 192(1).21\n(4) In addition to cancelling or suspending the licence, the CEO22\nmay require the licensee or former licensee to do 1 or more of23\nthe following things by giving written notice of the requirement24\nto the licensee —25\n(a) if safe and appropriate, continue time-sensitive ART26\nprocedures until each ART participant can be safely27\ntransferred to the care of another licensee;28\n(b) transfer, in a timely manner, any clients, records or other29\ninformation or stored reproductive material or embryos30\nto an appropriate entity that is to provide an ART31\nservice in place of the licensee;32\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nInterim licensee Division 9\ns. 188\npage 123\n(c) provide specified information, in a specified way, to1\npersons potentially affected by the suspension or2\ncancellation;3\n(d) take a prescribed action.4\nDivision 9 — Interim licensee5\n188. Licensee unable to provide ART services6\n(1) This section applies if a licensee is unable to provide ART7\nservices (the affected services) under its licence (the affected8\nlicence) other than because its licence is suspended or9\ncancelled.10\n(2) The licensee must notify the CEO, in the approved form, within11\n7 days after the day on which the licensee becomes unable to12\nprovide the affected services.13\n(3) The licensee is taken to have complied with subsection (2) if14\neither of the following persons notifies the CEO as required15\nunder that subsection on behalf of the licensee —16\n(a) the legal representative of the licensee;17\n(b) if the licensee is an individual — any next of kin of the18\nlicensee.19\n189. Interim licensee to temporarily continue ART services20\n(1) In this section —21\naffected licence has the meaning given in section 188(1);22\naffected services has the meaning given in section 188(1).23\n(2) Subsection (3) applies if —24\n(a) the CEO receives a notice under section 188(2); or25\n(b) the CEO is otherwise satisfied that the circumstances26\nreferred to in subsection 188(1) exist.27","sortOrder":11},{"sectionNumber":"retrieval-0013","sectionType":"document_chunk","heading":"Document excerpt 13","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 10 Review of decisions\ns. 190\npage 124\n(3) The CEO may authorise a person (the interim licensee) to1\ncontinue to provide the affected services in place of the licensee2\nif the CEO is satisfied that —3\n(a) the licensee is unable to provide the affected services;4\nand5\n(b) the interim licensee is able to provide the affected6\nservices in a safe manner.7\n(4) The authorisation must —8\n(a) be in writing; and9\n(b) be given to the interim licensee; and10\n(c) state —11\n(i) the period (the term) for which the authorisation12\nis in effect; and13\n(ii) the conditions, if any, that apply to the14\nauthorisation.15\n(5) While the authorisation is in effect, the interim licensee is taken16\nto be the licensee for the affected licence.17\n(6) Before the end of the term for the authorisation, the interim18\nlicensee must —19\n(a) apply under Division 2 for a licence to provide the20\naffected services; or21\n(b) surrender the affected licence under section 172.22\nDivision 10 — Review of decisions23\nSubdivision 1 — Internal reconsideration24\n190. Terms used25\nIn this Division —26\naffected person has the meaning given in section 191(2);27\nreviewable decision has the meaning given in section 191(1).28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nReview of decisions Division 10\ns. 191\npage 125\n191. Decisions of CEO that may be reviewed1\n(1) A decision mentioned in column 1 of the Table is a reviewable2\ndecision.3\n(2) A person listed in column 2 of the Table opposite a reviewable4\ndecision is the affected person for the decision.5\nTable6\nReviewable decision Affected person\nGrant of licence with\ncondition under\nsection 157(2)(b)\nThe applicant for the\nlicence\nRefusal to grant licence\nunder section 157(2)(c)\nThe applicant for the\nlicence\nRenewal of licence with\nnew condition or amended\ncondition under\nsection 163(2)(b)\nThe licensee\nRefusal to renew licence\nunder section 163(2)(c)\nThe licensee\nVariation of licence with\nnew condition or amended\ncondition under\nsection 168(2)(b)\nThe licensee\nRefusal to vary licence\nunder section 168(2)(c)\nThe licensee\nAmend discretionary\ncondition of, or impose new\ncondition on, licence under\nsection 176(1)\nThe licensee\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 10 Review of decisions\ns. 192\npage 126\nReviewable decision Affected person\nSuspension of licence under\nsection 180(1)(c) or 182(2)\nThe licensee\nCancellation of licence\nunder section 187(1)(d)\nThe licensee\nGiving compliance notice\nunder section 224(2)\nThe licensee\n(3) If the CEO fails to decide an application made under this Part1\nby the end of the period within which the CEO is required to2\ndecide the application under this Part, the failure is taken to be a3\ndecision, made on the day after the period ends, to refuse the4\napplication.5\n192. Affected person may apply for reconsideration of decision6\n(1) An affected person may, in the approved form, request the CEO7\nto reconsider a reviewable decision for the person.8\n(2) The request must be made within 10 business days, or a longer9\nperiod allowed by the CEO, after —10\n(a) the day on which the CEO gives the affected person11\nnotice of the reviewable decision; or12\n(b) if the CEO fails to make a decision — the day on which13\nthe CEO is taken to have made the decision under14\nsection 191(3).15\n(3) The request must —16\n(a) state the decision that the affected person wants the17\nCEO to make after reconsidering the reviewable18\ndecision; and19\n(b) outline why that decision should be made.20\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nReview of decisions Division 10\ns. 193\npage 127\n(4) The CEO may request the affected person to provide the CEO1\nwith any further information the CEO considers necessary for2\nconducting the reconsideration.3\n193. Decision on reconsideration4\n(1) This section applies if an affected person requests the CEO to5\nreconsider a reviewable decision.6\n(2) Within the prescribed period (the reconsideration period) after7\nreceiving the request, the CEO must reconsider the reviewable8\ndecision and —9\n(a) confirm the decision; or10\n(b) amend the decision; or11\n(c) set aside the decision and make a new decision.12\n(3) If the CEO requests further information under section 192(4),13\nthe reconsideration period is extended by the number of days14\nbetween the request being made and the CEO receiving all the15\nrequested information.16\n(4) Within 10 business days after the day on which the CEO17\nreconsiders the reviewable decision, the CEO must give written18\nnotice to the affected person of the result of the reconsideration.19\n(5) If the CEO does not make the decision sought by the affected20\nperson, the notice must —21\n(a) include a statement of reasons for the decision; and22\n(b) state that the affected person may apply to the State23\nAdministrative Tribunal for a review of the decision.24\n(6) A failure of the CEO to reconsider the reviewable decision25\nwithin the reconsideration period is taken to be a decision to26\nconfirm the original decision made on the day after the27\nreconsideration period ends.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 11 Miscellaneous\ns. 194\npage 128\nSubdivision 2 — External review1\n194. Application to State Administrative Tribunal for external2\nreview3\nA person aggrieved by a decision made, or taken to be made, by4\nthe CEO under section 193 may apply to the State5\nAdministrative Tribunal for a review of the decision.6\nDivision 11 — Miscellaneous7\n195. Provision of ART services by health service provider8\n(1) A health service provider that provides an ART service is9\nexempt from the requirement to hold a licence under section 19.10\n(2) A health service provider that provides an ART service has the11\nobligations of a licensee under this Act.12\nDivision 12 — Offences13\n196. Compliance with licence conditions14\nA licensee must comply with the conditions of its licence.15\nPenalty: imprisonment for 2 years and a fine of $50 000.16\n197. Failure to comply with requirements imposed as part of17\ndisciplinary action or surrender18\n(1) In this section —19\nlicensee includes a former licensee.20\n(2) This section applies if the CEO —21\n(a) requires a licensee to do stated things under22\nsection 172(4), 173(2), 180(4), 182(4) or 187(4); and23\n(b) gives to the licensee a notice stating the things the24\nlicensee is required to do.25\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nOffences Division 12\ns. 198\npage 129\n(3) The licensee must not, without reasonable excuse, fail to do the1\nthings stated in the notice.2\nPenalty for this subsection: a fine of $50 000.3\n198. Failure to notify reportable events4\n(1) A licensee must, in the approved form, notify the CEO of either5\nof the following events (each a reportable event) within the6\nperiod required by subsection (2) —7\n(a) the death of an ART participant if an ART procedure is8\na direct cause of, or contributing factor for, the death;9\n(b) a prescribed event that may cause significant harm to an10\nART participant, a person born as a result of an ART11\nprocedure, an embryo or reproductive material.12\nPenalty for this subsection: a fine of $10 000.13\n(2) The notice of the reportable event must be made —14\n(a) in the case of the death of an ART participant — within15\n48 hours after the death; or16\n(b) in the case of a prescribed event — within the prescribed17\nperiod for the event.18\n199. Notice of changes affecting person with management or19\ncontrol20\n(1) This section applies if a licensee becomes aware of a change in21\ncircumstance that may affect whether a person with22\nmanagement or control of the licensee is a fit and proper person.23\n(2) The licensee must, in the approved form, notify the CEO of the24\nchange as soon as practicable after becoming aware of the25\nchange.26\nPenalty for this subsection: a fine of $10 000.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 7 Licensing of ART services\nDivision 12 Offences\ns. 200\npage 130\n200. False or misleading information in licensing application1\nA person must not provide information in an application made2\nunder this Part knowing it to be false or misleading in a material3\nparticular.4\nPenalty: a fine of $25 000.5\n201. Advertising6\nA licensee must not engage in false or misleading advertising in7\nrelation to an ART service provided by the licensee.8\nPenalty: a fine of $25 000.9\n202. Embryo unviable due to failure to follow policies and10\nprocedures11\nA licensee commits an offence if an embryo stored by the12\nlicensee becomes unviable because the licensee, or any staff or13\ncontractor of the licensee, fails to comply with the licensee’s14\npolicies and procedures.15\nPenalty: imprisonment for 2 years and a fine of $25 000.16\n203. CEO may require licensee to publish or provide information17\n(1) The CEO may direct a licensee to publish information in18\naccordance with subsection (2) on the following matters —19\n(a) the ART procedures performed as part of ART services20\nprovided by the licensee and the outcomes arising from21\nthe procedures;22\n(b) any enforcement action taken against the licensee by the23\nDepartment under Part 9;24\n(c) where and how to lodge complaints against the licensee;25\n(d) any prescribed matter.26\n(2) The CEO may specify the following requirements regarding27\nhow the licensee is to publish the information —28\n(a) the content and format of the information;29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nLicensing of ART services Part 7\nOffences Division 12\ns. 204\npage 131\n(b) places where the information must be made available;1\n(c) the period for which the information must be made2\navailable;3\n(d) other prescribed requirements.4\n(3) The CEO may direct a licensee to provide information directly5\nto a specific person or group of persons.6\n(4) A licensee must comply with a direction given to the licensee7\nunder this section.8\nPenalty for this subsection: a fine of $5 000.9\n204. Licensee to provide certain information if directed by CEO10\n(1) The CEO may direct a licensee to provide information to the11\nCEO for any of the following purposes —12\n(a) ensuring compliance with this Act;13\n(b) ensuring the health, safety and wellbeing of the14\nfollowing persons —15\n(i) a person born as a result of an ART procedure;16\n(ii) an ART participant;17\n(iii) a contributing parent of reproductive material;18\n(iv) an intended parent of an embryo or in relation to19\nan ART procedure;20\n(v) a donor of reproductive material or an embryo;21\n(c) a prescribed purpose.22\n(2) A licensee must provide information in accordance with a23\ndirection under subsection (1) within the period specified by the24\nCEO.25\nPenalty for this subsection: a fine of $10 000.26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 8 Investigation\nDivision 1 Preliminary\ns. 205\npage 132\nPart 8 — Investigation1\nDivision 1 — Preliminary2\n205. Terms used3\nIn this Part —4\nentry warrant means an entry warrant issued under5\nsection 219(1);6\nplace means any land, building, structure, tent or vehicle;7\nvehicle means any thing capable of transporting people or things8\nby air, road, rail or water, irrespective of whether the thing is9\npermanently or semi-permanently stationary.10\nDivision 2 — Authorised officers11\n206. Appointment of authorised officers12\n(1) The CEO may, by instrument in writing, appoint an employee in13\nthe Department as an authorised officer for the purposes of this14\nAct.15\n(2) A person may be appointed as an authorised officer for a fixed16\nor indefinite period.17\n(3) The CEO may, by instrument in writing, revoke an appointment18\nat any time.19\n207. CEO has functions of authorised officer20\nThe CEO —21\n(a) has and may perform all of the functions of an22\nauthorised officer; and23\n(b) when performing those functions, has all the powers and24\nimmunities of an authorised officer.25\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nInvestigation Part 8\nAuthorised officers Division 2\ns. 208\npage 133\n208. Identity cards1\n(1) The CEO must give each authorised officer an identity card.2\n(2) An identity card must —3\n(a) identify the person as an authorised officer; and4\n(b) contain a recent photograph of the person.5\n(3) An authorised officer must carry the authorised officer’s6\nidentity card at all times when exercising powers or performing7\nfunctions as an authorised officer.8\n(4) A person who, without a reasonable excuse, fails to return the9\nperson’s identity card to the CEO within 14 days after ceasing10\nto be an authorised officer commits an offence.11\nPenalty for this subsection: a fine of $1 000.12\n209. Production and display of identity card13\n(1) An authorised officer may exercise a power in relation to a14\nperson only if —15\n(a) the authorised officer first produces the authorised16\nofficer’s identity card for the person’s inspection; or17\n(b) the authorised officer has the identity card displayed so18\nit is clearly visible to the person.19\n(2) However, if for any reason it is not practicable to comply with20\nsubsection (1) before exercising the power, the authorised21\nofficer may exercise the power and then produce the identity22\ncard for inspection by the person at the first reasonable23\nopportunity.24\n210. Limitation on powers of authorised officers25\n(1) The powers of an authorised officer may be limited in 1 or more26\nof the following ways —27\n(a) under a regulation;28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 8 Investigation\nDivision 3 Investigations\ns. 211\npage 134\n(b) under a limitation or condition specified in the person’s1\ninstrument of appointment as an authorised officer;2\n(c) by written notice given by the CEO to the authorised3\nofficer.4\n(2) The CEO may revoke or vary a limitation or condition referred5\nto in subsection (1)(b) or a notice referred to in6\nsubsection (1)(c).7\nDivision 3 — Investigations8\n211. Investigations: purpose and procedure9\nAn investigation may be carried out for either or both of the10\nfollowing purposes —11\n(a) monitoring whether this Act is being complied with;12\n(b) investigating a suspected contravention of this Act.13\n212. Entry powers14\n(1) For the purposes of carrying out an investigation, an authorised15\nofficer may at any reasonable time enter and remain in or on16\nany of the following —17\n(a) a place in or on which the authorised officer has18\nreasonable grounds to believe that there are records19\nrelevant to an investigation;20\n(b) premises stated on a licence;21\n(c) premises specified in an authorisation given under22\nsection 29(1);23\n(d) a place in or on which the authorised officer has24\nreasonable grounds to believe that a contravention of25\nthis Act has happened, is happening or is likely to26\nhappen.27\n(2) An authorised officer is not entitled under this section to enter28\nany part of a place that is used for residential purposes unless —29\n(a) the occupier of the premises consents; or30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nInvestigation Part 8\nInvestigations Division 3\ns. 213\npage 135\n(b) the authorised officer has the authority of an entry1\nwarrant.2\n(3) An authorised officer is not entitled under this section to enter3\nany part of a place in which a person is currently undergoing an4\nART procedure unless the occupier of the premises and the5\nperson consent.6\n213. Powers after entry for investigation7\n(1) An authorised officer who enters a place under section 212(1) or8\nunder the authority of an entry warrant may, for the purposes of9\nan investigation, do any of the following —10\n(a) inspect the place and any thing at the place;11\n(b) search the place and any thing at the place;12\n(c) examine, measure, test, photograph or film the place and13\nany thing at the place;14\n(d) operate a computer or other thing at the place;15\n(e) take any thing, or sample of or from a thing, at the place16\nfor analysis or testing;17\n(f) make a copy of, take an extract from, or download or18\nprint out, any record that the authorised officer suspects19\non reasonable grounds is relevant to the investigation;20\n(g) seize any thing that is or may afford evidence of a21\ncontravention of this Act;22\n(h) secure against interference a thing found in or on the23\nplace that cannot be conveniently removed;24\n(i) seize a record that the authorised officer suspects on25\nreasonable grounds is relevant to the investigation and26\nretain it for as long as is necessary for the purposes of27\nthis Act;28","sortOrder":12},{"sectionNumber":"retrieval-0014","sectionType":"document_chunk","heading":"Document excerpt 14","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 8 Investigation\nDivision 3 Investigations\ns. 213\npage 136\n(j) direct a person who is at the place to do any of the1\nfollowing —2\n(i) state the person’s full name, date of birth, the3\naddress of where the person is living and the4\naddress of where the person usually lives;5\n(ii) answer (orally or in writing) questions asked by6\nthe authorised officer;7\n(iii) produce records that are relevant to the8\ninvestigation and are in the person’s custody or9\nunder the person’s control;10\n(iv) operate a computer or other thing at the place;11\n(v) provide access (free of charge) to photocopying12\nequipment at the place to enable the copying of13\ndocuments;14\n(vi) give the authorised officer a translation, code,15\npassword or other information necessary to gain16\naccess to or interpret and understand a record;17\n(vii) give other assistance the authorised officer18\nreasonably requires.19\n(2) An authorised officer who enters a place under section 212(1) or20\nunder the authorisation of an entry warrant is entitled under this21\nsection to seize any records or other information relating to any22\nof the following —23\n(a) a person born as a result of an ART procedure;24\n(b) an ART participant;25\n(c) a contributing parent of reproductive material;26\n(d) an intended parent of an embryo or in relation to an27\nART procedure;28\n(e) a donor of reproductive material or an embryo.29\n(3) If an authorised officer takes any thing away from the place, the30\nauthorised officer must give the occupier of the place a receipt31\nfor the thing.32\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nInvestigation Part 8\nInvestigations Division 3\ns. 214\npage 137\n214. Obtaining information and documents1\n(1) An authorised officer may, for the purposes of an investigation,2\ndo any of the following —3\n(a) direct a person to give such information as the4\nauthorised officer requires in relation to any matter the5\nsubject of the investigation;6\n(b) direct a person to answer a question put to the person in7\nrelation to any matter the subject of the investigation;8\n(c) direct a person to produce a record that is relevant to the9\ninvestigation and is in the person’s custody or under the10\nperson’s control;11\n(d) examine and make a copy of a record produced in12\nresponse to a direction under paragraph (c).13\n(2) A direction under subsection (1)(a) or (b) —14\n(a) must specify the time at, or period within which, the15\ninformation or answer is to be given; and16\n(b) may require the information or answer —17\n(i) to be given orally or in writing; or18\n(ii) to be given at or delivered to a place specified in19\nthe direction; or20\n(iii) in the case of written information or a written21\nanswer — to be delivered by means specified in22\nthe direction; or23\n(iv) to be verified by statutory declaration.24\n(3) A direction under subsection (1)(c) —25\n(a) must be in writing given to the person required to26\nproduce the record; and27\n(b) must specify the time at, or period within which, the28\nrecord is to be produced; and29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 8 Investigation\nDivision 3 Investigations\ns. 215\npage 138\n(c) may require that the record be produced —1\n(i) at a place specified in the direction; and2\n(ii) by any means specified in the direction.3\n215. Use of force and assistance4\n(1) An authorised officer may use assistance and force that is5\nreasonably necessary in the circumstances when exercising a6\npower under this Act.7\n(2) An authorised officer may request a police officer or other8\nperson to assist the authorised officer in exercising powers9\nunder this Act.10\n(3) A person, while assisting an authorised officer at the request of11\nthe authorised officer and in accordance with this Act —12\n(a) has the same powers as those conferred on an authorised13\nofficer, other than the power in subsection (2); and14\n(b) is subject to the same responsibilities as an authorised15\nofficer; and16\n(c) has the same protection from liability as an authorised17\nofficer.18\n(4) Section 210 applies in relation to a person assisting an19\nauthorised officer as if the person were an authorised officer.20\n(5) Nothing in this section derogates from the powers of a police21\nofficer.22\n216. Obstruction23\n(1) A person who hinders or obstructs the CEO, an authorised24\nofficer or a person assisting an authorised officer commits an25\noffence.26\nPenalty for this subsection: a fine of $15 000.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nInvestigation Part 8\nEntry warrants Division 4\ns. 217\npage 139\n(2) It is a defence to a charge of an offence against subsection (1) in1\nrelation to an authorised officer to prove —2\n(a) that the authorised officer did not show the authorised3\nofficer’s identity card to the person or did not otherwise4\nidentify themself to the person as an authorised officer;5\nand6\n(b) that the person did not otherwise know that the7\nauthorised officer was an authorised officer.8\n217. Directions generally9\n(1) Except as otherwise stated in this Division, a direction under10\nthis Division may be given orally or in writing.11\n(2) A person given a direction under this Division who, without12\nreasonable excuse, fails to comply with the direction commits13\nan offence.14\nPenalty for this subsection: a fine of $15 000.15\nDivision 4 — Entry warrants16\n218. Warrant to enter place17\n(1) An authorised officer may apply to a magistrate for an entry18\nwarrant authorising the authorised officer to enter a place for the19\npurposes of an investigation.20\n(2) An authorised officer may apply for an entry warrant for a place21\neven if, under this Act, the authorised officer may enter the22\nplace without an entry warrant.23\n(3) The application must be made in accordance with the Criminal24\nInvestigation Act 2006 section 13, and section 13(8) of that Act25\napplies in relation to the entry warrant.26\n(4) An application for an entry warrant must —27\n(a) describe with reasonable particularity the place to be28\nentered; and29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 8 Investigation\nDivision 4 Entry warrants\ns. 219\npage 140\n(b) state that the authorised officer has reasonable grounds1\nfor believing that entry to the place is necessary for the2\npurposes of an investigation; and3\n(c) state the purposes for which entry to the place is4\nrequired; and5\n(d) include any prescribed information.6\n219. Issue of entry warrant7\n(1) A magistrate to whom an application is made under section 2188\nmay issue an entry warrant if satisfied that there are reasonable9\ngrounds for believing that entry and inspection of the place are10\nnecessary for the purposes of an investigation.11\n(2) An entry warrant must contain the following information —12\n(a) a reasonably particular description of the place to which13\nit relates;14\n(b) a reasonably particular description of the purposes for15\nwhich entry to the place is required;16\n(c) the period, not exceeding 7 days, in which it may be17\nexecuted;18\n(d) the name of the magistrate who issued it;19\n(e) the date and time when it was issued.20\n220. Effect of entry warrant21\n(1) An entry warrant has effect according to its content and this22\nsection.23\n(2) An entry warrant comes into force when it is issued by a24\nmagistrate.25\n(3) An entry warrant authorises the authorised officer executing the26\nwarrant to, during the period of the warrant —27\n(a) enter the place described in the warrant; and28\n(b) exercise the powers referred to in section 213.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nInvestigation Part 8\nSeized things and forfeiture Division 5\ns. 221\npage 141\n221. Execution of entry warrant1\n(1) An entry warrant may be executed by the authorised officer to2\nwhom it is issued or by any other authorised officer.3\n(2) An authorised officer executing an entry warrant must, at the4\nreasonable request of a person apparently in charge of the place,5\nproduce the warrant.6\nDivision 5 — Seized things and forfeiture7\n222. Forfeiture on conviction8\n(1) On the conviction of a person for an offence under this Act, the9\ncourt may order the forfeiture to the State of any thing that was10\nthe subject of, used in or otherwise involved in, the commission11\nof the offence.12\n(2) The court may make the order —13\n(a) whether or not the thing was seized in the course of the14\ninvestigation of the offence; and15\n(b) if the thing was seized, whether or not it has been16\nreturned to its owner.17\n(3) The court may make any order it considers appropriate to18\nenforce the forfeiture.19\n223. Disposal of seized and forfeited property20\nThe Department, when assisting the Minister in the21\nadministration of this Act, is a prescribed agency for the22\npurposes of the Criminal and Found Property Disposal23\nAct 2006.24\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 9 Enforcement\nDivision 1 Compliance notices\ns. 224\npage 142\nPart 9 — Enforcement1\nDivision 1 — Compliance notices2\n224. CEO may give compliance notice for contravention of Act3\n(1) This section applies if the CEO believes on reasonable grounds4\nthat a licensee —5\n(a) is contravening a provision of this Act; or6\n(b) has contravened a provision of this Act in circumstances7\nthat make it likely the contravention will be repeated.8\n(2) The CEO may, by giving the licensee a notice (a compliance9\nnotice), require the licensee to remedy the contravention or to10\nprevent a further contravention.11\n(3) The compliance notice must —12\n(a) be in writing; and13\n(b) specify the provision of this Act (the relevant provision)14\nthat the CEO believes is being, or has been,15\ncontravened; and16\n(c) state, briefly, how it is believed the relevant provision is17\nbeing, or has been, contravened; and18\n(d) specify the measures (the remedial action) that must be19\ntaken to remedy the contravention, or to prevent a20\nfurther contravention, of the relevant provision; and21\n(e) specify the date by which the remedial action must be22\ntaken; and23\n(f) state that a failure to comply with the compliance notice24\nis an offence under this Act and grounds for taking25\ndisciplinary action under Part 7 Division 8; and26\n(g) state that the licensee can, under section 192(1), request27\nthe CEO to reconsider the decision to give the28\ncompliance notice.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nEnforcement Part 9\nLiability of certain persons Division 2\ns. 225\npage 143\n(4) The date specified under subsection (3)(e) must not be earlier1\nthan 7 days after the day on which the compliance notice is2\ngiven to the licensee.3\n(5) The CEO may, by written notice given to the licensee, amend or4\ncancel the compliance notice.5\n225. Failure to comply with compliance notice6\n(1) In this section —7\nremedial action has the meaning given in section 224(3)(d).8\n(2) A licensee given a compliance notice must not, without9\nreasonable excuse, fail to take the remedial action stated in the10\ncompliance notice by the date by which the remedial action11\nmust be taken.12\nPenalty for this subsection: a fine of $50 000.13\nDivision 2 — Liability of certain persons14\n226. Liability of officers for offence by body corporate15\nThe Criminal Code section 39 (which provides for the criminal16\nliability of officers of a body corporate) applies to an offence17\nunder a provision of this Act listed in the Table.18\nTable19\ns. 19(1) s. 24(1) and (2)\ns. 25(1) and (2) s. 26(2) and (4)\ns. 66 s. 92(2)\ns. 93(2) s. 94\ns. 111 s. 149\ns. 202\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 9 Enforcement\nDivision 3 Legal proceedings\ns. 227\npage 144\n227. Liability of members of partnership for acts of other1\nmembers of partnership2\n(1) If a member of a partnership is alleged to have committed an3\noffence under this Act, every person who was a member of the4\npartnership at the time of the alleged offence may be charged5\nwith the offence whether or not the person who is alleged to6\nhave committed the offence is charged with the offence.7\n(2) Subject to subsection (3), a member of a partnership is taken to8\nhave committed an offence if —9\n(a) the member of a partnership is charged with the offence10\nas permitted under subsection (1); and11\n(b) it is proved that another member of the partnership12\ncommitted the offence.13\n(3) If a member of a partnership is charged as permitted under14\nsubsection (1), it is a defence for the member to prove that —15\n(a) the offence was committed without the member’s16\nknowledge, authority or consent; and17\n(b) the member took all the measures to prevent the18\ncommission of the offence that the member could19\nreasonably be expected to have taken, having regard to20\nall the circumstances.21\nDivision 3 — Legal proceedings22\n228. Who may commence proceedings for simple offence23\nA prosecution for a simple offence under this Act may be24\ncommenced only by the CEO or a person authorised by the25\nCEO to do so.26\n229. Time limit for prosecution of simple offence27\n(1) A prosecution for a simple offence under this Act must be28\ncommenced within 2 years after the day on which the offence is29\nalleged to have been committed.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nEnforcement Part 9\nLegal proceedings Division 3\ns. 230\npage 145\n(2) However, if a prosecution notice alleging an offence specifies1\nthe day on which evidence of the alleged offence first came to2\nthe attention of a person authorised under section 228 to3\ncommence the prosecution —4\n(a) the prosecution may be commenced within 2 years after5\nthat day; and6\n(b) the prosecution notice need not contain particulars of the7\nday on which the offence is alleged to have been8\ncommitted.9\n(3) The day on which evidence first came to the attention of a10\nperson authorised under section 228 to commence a prosecution11\nis, in the absence of evidence to the contrary, the day specified12\nin the prosecution notice.13\n230. Averments in prosecution documents14\nIn a prosecution for an offence under this Act, an averment as to15\nany of the following matters in the prosecution notice or16\nindictment is evidence of the matters averred —17\n(a) that a substance referred to in the prosecution notice or18\nindictment was or contained reproductive material or an19\nembryo as specified;20\n(b) that a person named in the prosecution notice or21\nindictment was or was not, on a specified date —22\n(i) a licensee; or23\n(ii) a person with management or control of a24\nlicensee; or25\n(iii) a person who is licensed to provide any specified26\nART service; or27\n(iv) the holder of an authorisation given under28\nsection 189(3); or29\n(v) an employee of a specified licensee; or30\n(vi) an authorised officer appointed for the purpose31\nof this Act;32\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 9 Enforcement\nDivision 3 Legal proceedings\ns. 231\npage 146\n(c) that specified premises named in the prosecution notice1\nor indictment were or were not, on a specified date,2\npremises to which a specified licence relates;3\n(d) that a licence referred to in the prosecution notice or4\nindictment was, on a specified date —5\n(i) subject to specified conditions; or6\n(ii) suspended or cancelled.7\n231. Court to notify CEO of conviction of offence under Act8\nIf any court convicts a person of an offence under this Act, the9\nregistrar of the court must notify the CEO of the conviction and10\nthe penalty imposed.11\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nAssisted Reproductive Technology Advisory and Review\nBoard\nPart 10\nEstablishment Division 1\ns. 232\npage 147\nPart 10 — Assisted Reproductive Technology Advisory1\nand Review Board2\nDivision 1 — Establishment3\n232. Board established4\nA body called the Assisted Reproductive Technology Advisory5\nand Review Board is established.6\n233. Status7\nThe Board is an agent of the Crown and has the status,8\nimmunities and privileges of the Crown.9\nDivision 2 — Functions and powers10\n234. Functions of Board11\nThe Board has the following functions —12\n(a) to provide to the Minister or the CEO, on its own13\ninitiative or on request —14\n(i) information about the regulation of ART15\nprocedures; and16\n(ii) advice about the medical, social, scientific, legal17\nand ethical issues associated with ART18\nprocedures;19\n(b) to provide guidance to licensees, if requested, on any of20\nthe following —21\n(i) matters relating to potential surrogacy22\narrangements;23\n(ii) matters relating to the provision of ART24\nservices;25\n(iii) matters of concern raised by an employee of a26\nlicensee;27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 10 Assisted Reproductive Technology Advisory and Review\nBoard\nDivision 3 Staff and assistance\ns. 235\npage 148\n(c) to provide to the CEO recommendations about genetic1\nconditions, diseases or abnormalities that can be added2\nto the list approved under section 65;3\n(d) to consider and decide applications made to the Board4\nunder this Act;5\n(e) to perform any other function given to the Board under6\nthis Act.7\n235. Powers of Board8\nThe Board has all the powers it needs to perform its functions.9\nDivision 3 — Staff and assistance10\n236. Staff and services11\nThe CEO must ensure that the Board is provided with the staff,12\nresources and support that are reasonably necessary to enable it13\nto perform its functions.14\n237. Assistance15\n(1) The Board may, with the approval of the Minister, invite any16\nperson with special knowledge, experience or skills to assist the17\nBoard in a particular matter.18\n(2) A person who has been invited to assist the Board may attend19\nmeetings of the Board and participate in its deliberations but20\ncannot vote at a meeting.21\nDivision 4 — Accountability22\n238. Minister may give directions23\n(1) The Minister may give written directions to the Board with24\nrespect to the performance of its functions, and the Board must25\ngive effect to any such direction.26","sortOrder":13},{"sectionNumber":"retrieval-0015","sectionType":"document_chunk","heading":"Document excerpt 15","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nAssisted Reproductive Technology Advisory and Review\nBoard\nPart 10\nAccountability Division 4\ns. 239\npage 149\n(2) However, a direction under subsection (1) cannot be about the1\nperformance of a function in relation to a particular person or2\nmatter.3\n239. Minister to have access to information4\n(1) In this section —5\ndocument includes any tape, disk or other device or medium on6\nwhich information is recorded or stored;7\ninformation means information specified, or of a description8\nspecified, by the Minister that relates to the functions of the9\nBoard.10\n(2) The Minister is entitled —11\n(a) to have information in the possession of the Board; and12\n(b) if the information is in or on a document, to have, and13\nmake and retain copies of, that document.14\n(3) However, the Minister is not entitled to have personal15\ninformation about a person (the relevant person) unless written16\nconsent to the disclosure of the information is given by —17\n(a) the relevant person; or18\n(b) a person authorised by the regulations to give consent on19\nbehalf of the relevant person.20\n(4) For the purposes of subsection (2), the Minister may —21\n(a) request the Board to give information to the Minister;22\nand23\n(b) request the Board to give the Minister access to24\ninformation; and25\n(c) request the use of a staff member to obtain the26\ninformation and give it to the Minister.27\n(5) The Board must comply with a request under subsection (4).28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 10 Assisted Reproductive Technology Advisory and Review\nBoard\nDivision 5 Membership\ns. 240\npage 150\nDivision 5 — Membership1\n240. Membership of Board2\n(1) The Board consists of 5 to 7 members appointed by the3\nMinister.4\n(2) Of the Board members —5\n(a) 2 must be suitably qualified medical practitioners, at6\nleast 1 of whom has what the Minister considers to be7\nextensive experience in relation to ART procedures; and8\n(b) at least 1 must be a lawyer that the Minister considers9\nhas knowledge or experience with family law or the law10\nas it relates to ART services; and11\n(c) 1 must be a government lawyer (as defined in the Legal12\nProfession Uniform Law (WA) section 6(1)) employed13\nin the State Solicitor’s Office; and14\n(d) 1 must be a person who is either —15\n(i) a person who has personal experience of an16\nART service; or17\n(ii) a person who was born as a result of an18\nART procedure.19\n(3) The Minister must ensure that, taken together, the members20\nhave what the Minister considers to be a suitable level of21\nknowledge and experience in the following areas within the22\nfield of health —23\n(a) counselling (for example, infertility counselling or24\ngenetic counselling);25\n(b) ethics;26\n(c) policy;27\n(d) research.28\n(4) No more than 1 person with management or control of a29\nlicensee may be on the Board at any one time.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nAssisted Reproductive Technology Advisory and Review\nBoard\nPart 10\nMembership Division 5\ns. 241\npage 151\n241. Chairperson and deputy chairperson1\n(1) The Minister must designate 1 member to be the chairperson of2\nthe Board and another member to be the deputy chairperson of3\nthe Board.4\n(2) If the chairperson is unable to act because of illness, absence or5\nother cause or if there is no chairperson, the deputy chairperson6\nmust act in the chairperson’s place.7\n(3) An act or omission of the deputy chairperson acting in the8\nchairperson’s place cannot be questioned on the ground that the9\noccasion to act in the chairperson’s place had not arisen or had10\nceased.11\n242. Term of office12\n(1) A member holds office for the term, not exceeding 3 years, that13\nis specified in the member’s instrument of appointment.14\n(2) A member is eligible for reappointment.15\n243. Casual vacancies, resignation and removal from office16\n(1) In this section —17\nmisconduct includes conduct that renders the member unfit to18\nhold office as a member even though the conduct does not relate19\nto a duty of the office.20\n(2) The office of a member becomes vacant if the member —21\n(a) dies, resigns or is removed from office under this22\nsection; or23\n(b) is, according to the Interpretation Act 1984 section 13D,24\na bankrupt or a person whose affairs are under25\ninsolvency laws; or26\n(c) is convicted of an offence punishable by imprisonment27\nfor more than 12 months.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 10 Assisted Reproductive Technology Advisory and Review\nBoard\nDivision 5 Membership\ns. 244\npage 152\n(3) A member may at any time resign from office by written notice1\ngiven to the Minister.2\n(4) The Minister may remove a member from office on the grounds3\nof —4\n(a) neglect of duty; or5\n(b) misconduct or incompetence; or6\n(c) mental or physical incapacity, other than temporary7\nillness, impairing the performance of the member’s8\nduties; or9\n(d) absence, without leave, from 3 consecutive meetings of10\nthe Board of which the member has had notice.11\n244. Extension of term of office during vacancy12\n(1) If the office of a member becomes vacant because the member’s13\nterm of office expires, the member continues to be a member14\nduring that vacancy until the day on which the vacancy is filled15\n(whether by reappointment of the member or appointment of a16\nsuccessor to the member).17\n(2) Subsection (1) does not apply if the office of a member becomes18\nvacant under section 243.19\n(3) The maximum period for which a member continues to be a20\nmember under this section after the member’s term of office21\nexpires is 3 months.22\n245. Remuneration of members23\nA member is entitled to be paid the remuneration and24\nallowances that the Minister may from time to time determine25\non the recommendation of the Public Sector Commissioner.26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nAssisted Reproductive Technology Advisory and Review\nBoard\nPart 10\nBoard meetings Division 6\ns. 246\npage 153\nDivision 6 — Board meetings1\n246. Holding meetings2\n(1) The first meeting of the Board must be convened by the3\nchairperson, and subsequent meetings must be held at times and4\nplaces determined by the Board.5\n(2) The Board must meet at least once a year.6\n(3) A special meeting of the Board may at any time be convened by7\nthe chairperson.8\n247. Quorum9\nA quorum for a meeting of the Board is 4 members.10\n248. Presiding member11\n(1) The chairperson, if present, must preside at a meeting of the12\nBoard.13\n(2) If neither the chairperson, nor the deputy chairperson acting in14\nthe chairperson’s place, is presiding at a meeting of the Board,15\nthe members present at the meeting must elect 1 of their number16\nto preside.17\n249. CEO or nominated representative may attend meetings18\nThe CEO, or a nominated representative of the CEO, may19\nattend a meeting of the Board, but cannot vote at the meeting.20\n250. Procedure at meetings21\nThe Board may determine its own meeting procedures to the22\nextent that they are not fixed by this Act.23\n251. Voting24\n(1) At a meeting of the Board, each member present has a25\ndeliberative vote unless section 256 prevents the member from26\nvoting.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 10 Assisted Reproductive Technology Advisory and Review\nBoard\nDivision 7 Disclosure of interests\ns. 252\npage 154\n(2) In the case of an equality of votes, the member presiding has a1\ncasting vote in addition to a deliberative vote.2\n(3) A question is resolved by a majority of the votes cast.3\n252. Holding meetings remotely4\nThe presence of a person at a meeting of the Board need not be5\nby attendance in person but may be by that person and each6\nother person at the meeting being simultaneously in contact by7\ntelephone or other means of instantaneous communication.8\n253. Resolution without meeting9\nA resolution provided in writing to each member and assented10\nto by a majority of members has the same effect as if it had been11\npassed at a meeting of the Board.12\n254. Minutes13\nThe Board must cause accurate minutes to be kept of the14\nproceedings at each of its meetings.15\nDivision 7 — Disclosure of interests16\n255. Disclosure of material personal interest17\n(1) A member who has a material personal interest in a matter being18\nconsidered or about to be considered by the Board must, as soon19\nas practicable after the relevant facts have come to the20\nmember’s knowledge, disclose the nature of the interest at a21\nmeeting of the Board.22\nPenalty for this subsection: a fine of $10 000.23\n(2) A disclosure under subsection (1) must be recorded in the24\nminutes of the meeting.25\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nAssisted Reproductive Technology Advisory and Review\nBoard\nPart 10\nDisclosure of interests Division 7\ns. 256\npage 155\n256. Voting by member with material personal interest1\n(1) A member who has a material personal interest in a matter that2\nis being considered by the Board —3\n(a) must not vote, whether at a meeting or otherwise, on the4\nmatter; and5\n(b) must not be present while the matter is being considered6\nat a meeting.7\n(2) A reference in subsection (1) to a matter includes a reference to8\na proposed resolution under section 257 in respect of the matter,9\nwhether relating to that member or a different member.10\n(3) The fact that a member is a licensee or an employee of a11\nlicensee does not, of itself, constitute a material personal interest12\nfor the purpose of subsection (1).13\n257. Section 256 may be declared inapplicable14\nSection 256 does not apply if —15\n(a) a member has disclosed under section 255 an interest in16\na matter; and17\n(b) the Board has at any time passed a resolution that —18\n(i) specifies the member, the interest and the matter;19\nand20\n(ii) states that the members voting for the resolution21\nare satisfied that the interest is so trivial or22\ninsignificant as to be unlikely to influence the23\ndisclosing member’s conduct and should not24\ndisqualify the member from considering or25\nvoting on the matter.26\n258. Quorum in circumstances where member is disqualified due27\nto material personal interest28\n(1) Despite section 247, if a member is disqualified under29\nsection 256 in relation to a matter, a quorum is present during30\nthe consideration of the matter if at least 3 members who are31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 10 Assisted Reproductive Technology Advisory and Review\nBoard\nDivision 8 Committees\ns. 259\npage 156\nentitled to vote on any motion that may be moved at the meeting1\nin relation to the matter are present.2\n(2) The Minister may deal with a matter to the extent that the Board3\ncannot deal with it because of subsection (1).4\nDivision 8 — Committees5\n259. Establishment of committees6\n(1) The Board may establish committees to assist it in the7\nperformance of its functions.8\n(2) The Board may discharge, alter or reconstitute a committee.9\n(3) The Board may —10\n(a) determine the functions, membership and constitution of11\na committee; and12\n(b) appoint any members of the Board or other persons as it13\nthinks fit to be members of a committee.14\n260. Directions to committee15\n(1) The Board may give directions to a committee with respect to16\nthe committee’s functions and procedures.17\n(2) A committee must comply with a direction given to it by the18\nBoard.19\n261. Committee to determine own procedures20\nSubject to any directions of the Board, a committee may21\ndetermine its own procedures.22\n262. Remuneration of committee members23\nA member of a committee is entitled to be paid any24\nremuneration and allowances that the Minister may from time to25\ntime determine on the recommendation of the Public Sector26\nCommissioner.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nAssisted Reproductive Technology Advisory and Review\nBoard\nPart 10\nReview by State Administrative Tribunal of Board’s decision Division 9\ns. 263\npage 157\nDivision 9 — Review by State Administrative Tribunal of1\nBoard’s decision2\n263. Review of decision by Board3\n(1) If the Board makes a decision on an application made by a4\nlicensee under this Act, the licensee may apply to the State5\nAdministrative Tribunal for a review of the decision.6\n(2) The application must be made within 28 days after the day on7\nwhich the Board gives the licensee notice of the decision.8\nDivision 10 — Miscellaneous9\n264. Execution of documents by Board10\n(1) A document is duly executed by the Board if it is signed on11\nbehalf of the Board by 2 members authorised to do so under12\nsubsection (2).13\n(2) The Board may authorise any of its members to sign documents14\non behalf of the Board, either generally or subject to the15\nconditions that are specified in the authorisation.16\n(3) A document purporting to be executed in accordance with this17\nsection is taken to be duly executed until the contrary is shown.18\n265. Board to give annual report to CEO regarding activities of19\nBoard in previous financial year20\n(1) The Board must, not later than 31 August in each year, prepare21\nand give to the CEO a report for the previous financial year that22\nincludes details of the activities of the Board during that year,23\nincluding —24\n(a) any approvals granted by the Board; and25\n(b) any advice provided by the Board.26\n(2) As soon as practicable after receiving the report, but not later27\nthan 30 September in the year that the report is received, the28\nCEO must provide a copy of the report to the Minister.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 10 Assisted Reproductive Technology Advisory and Review\nBoard\nDivision 10 Miscellaneous\ns. 266\npage 158\n266. Protection from personal liability for torts1\n(1) An action in tort does not lie against a person for anything that2\nthe person has done, in good faith, in the performance or3\npurported performance of a function under this Division.4\n(2) The protection given by subsection (1) applies even though the5\nthing done as described in that subsection may have been6\ncapable of being done whether or not this Act had been enacted.7\n(3) Despite subsection (1), the State is not relieved of any liability8\nthat it might have for another person having done anything as9\ndescribed in that subsection.10\n(4) In this section, a reference to the doing of anything includes a11\nreference to an omission to do anything.12\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nAdministration Part 11\ns. 267\npage 159\nPart 11 — Administration1\n267. Confidentiality2\n(1) If a person obtains information because of the person’s office,3\nposition, employment or engagement for the purposes of this4\nAct, the person must not collect, use or disclose the information,5\ndirectly or indirectly, unless the collection, use or disclosure is6\nauthorised under subsection (2).7\nPenalty for this subsection: a fine of $25 000.8\n(2) The collection, use or disclosure of information to which9\nsubsection (1) applies is authorised if the information is10\ncollected, used or disclosed in good faith —11\n(a) for the purpose of, or in connection with, performing a12\nfunction under this Act or another written law; or13\n(b) as required or allowed under this Act or another written14\nlaw; or15\n(c) for the purposes of any legal proceedings arising under16\nthis Act or another written law; or17\n(d) under an order of a court or other person or body acting18\njudicially; or19\n(e) with the written consent of the person to whom the20\ninformation relates; or21\n(f) in prescribed circumstances.22\n(3) Subsection (1) does not prevent the recording, use or disclosure23\nof statistical or other de-identified information.24\n(4) The CEO may disclose, or authorise the disclosure of,25\nde-identified information to —26\n(a) a public service officer; or27\n(b) an employee as defined in the Health Services Act 201628\nsection 6; or29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 11 Administration\ns. 268\npage 160\n(c) an authority in another jurisdiction that administers a1\ncorresponding law; or2\n(d) a prescribed entity.3\n(5) In subsections (3) and (4) —4\nde-identified information means information that relates to an5\nindividual if the individual’s identity is not apparent, and cannot6\nreasonably be ascertained, from the information.7\n268. Delegation by CEO8\n(1) The CEO may delegate any power or duty of the CEO under9\nanother provision of this Act, other than the power to appoint10\nauthorised officers, to any of the following persons —11\n(a) an employee in the Department;12\n(b) an employee of a health service provider;13\n(c) a prescribed class of person.14\n(2) The delegation must be in writing and signed by the CEO.15\n(3) A person to whom a power or duty is delegated under this16\nsection cannot delegate that power or duty.17\n(4) A person exercising a power or performing a duty that has been18\ndelegated to the person under this section is taken to do so in19\naccordance with the terms of the delegation unless the contrary20\nis shown.21\n(5) Nothing in this section limits the ability of the CEO to perform22\na function through an officer or agent.23\n269. Approved forms24\n(1) The CEO may approve forms for use under this Act.25\n(2) The CEO must make approved forms available on a website26\nmaintained by or on behalf of the Department.27","sortOrder":14},{"sectionNumber":"retrieval-0016","sectionType":"document_chunk","heading":"Document excerpt 16","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nAdministration Part 11\ns. 270\npage 161\n270. Annual report on operation of Act1\n(1) The CEO must, no later than 28 September in each year, prepare2\nand give to the Minister a report on the operation of this Act3\nduring the preceding financial year.4\n(2) The report must include the following —5\n(a) an overview of the businesses that provide ART6\nservices, including the number of licensees;7\n(b) an overview of any enforcement action taken under8\nPart 9;9\n(c) the prescribed information.10\n(3) The Minister may direct the CEO to include information about11\nspecified matters in the report.12\n(4) The report may include any matters that the CEO considers13\nappropriate.14\n(5) The report must not include —15\n(a) personal information about any of the following16\npersons —17\n(i) a person born as the result of an ART procedure;18\n(ii) a person who underwent an ART procedure or19\nanother person who is an intended parent in20\nrelation to the procedure;21\n(iii) a donor of reproductive material or an embryo;22\n(iv) a contributing parent of reproductive material;23\n(v) an intended parent under a surrogacy24\narrangement;25\n(vi) a person who performs or supervises an ART26\nprocedure;27\nor28\n(b) information that may prejudice any criminal or civil29\nproceeding.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 11 Administration\ns. 270\npage 162\n(6) The report must be —1\n(a) combined with another annual report of the Department2\nrequired to be submitted to the Minister under the3\nFinancial Management Act 2006 Part 5; or4\n(b) published on a website maintained by or on behalf of the5\nDepartment no later than 1 December of the year in6\nwhich it is prepared.7\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nMiscellaneous Part 12\ns. 271\npage 163\nPart 12 — Miscellaneous1\n271. Regulations2\n(1) The Governor may make regulations prescribing matters —3\n(a) required or permitted by this Act to be prescribed: or4\n(b) necessary or convenient to be prescribed for giving5\neffect to this Act.6\n(2) Without limiting subsection (1), the regulations may provide for7\nthe following —8\n(a) fees and charges payable in relation to any matter under9\nthis Act and the recovery of those fees and charges;10\n(b) the information to be set out in licences;11\n(c) requirements for the performance or supervision of ART12\nprocedures;13\n(d) matters relating to —14\n(i) the authorisation of health practitioners to15\nperform ART procedures; and16\n(ii) authorised practitioners performing ART17\nprocedures;18\n(e) requirements and obligations of licensees when19\nobtaining consent for ART services;20\n(f) requirements for storing reproductive material and21\nembryos;22\n(g) reporting requirements for a licensee given a compliance23\nnotice;24\n(h) reporting requirements for licensees given a notice25\nrequiring the licensee to do stated things under26\nsection 172(4), 180(4), 182(4) or 187(4);27\n(i) requirements for licensees to report to the CEO;28\n(j) requirements for applications made to the Board for29\napprovals under this Act, including, for example, any30\nfees for the applications.31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 12 Miscellaneous\ns. 272\npage 164\n(3) The regulations may provide that contravention of a regulation1\nis an offence, and provide, for an offence against the2\nregulations, a penalty not exceeding a fine of $25 000.3\n272. Regulations may adopt medical codes4\n(1) In this section —5\nmedical code means a code, code of practice, quality assurance6\nscheme, standard or specification, published in or outside7\nAustralia, that —8\n(a) does not by itself have legislative effect in the State; and9\n(b) relates to ART services, the use of medical products or10\nthe provision of health services.11\n(2) The regulations may adopt, either wholly or in part, any medical12\ncode.13\n(3) The adoption may be by incorporating the medical code in the14\nregulations or by reference.15\n(4) If the regulations adopt a medical code by reference —16\n(a) the medical code is adopted as existing or in force when17\nthe regulations are made; and18\n(b) any amendments made to the medical code after the19\nregulations are made have no legal effect as part of the20\nregulations unless they are specifically adopted by later21\nregulations or a later amendment to the regulations.22\n(5) If the regulations adopt a medical code by reference, the CEO23\nmust ensure that —24\n(a) a copy of the medical code, as adopted in the25\nregulations, is available, without charge, for public26\ninspection; and27\n(b) if any part of the medical code is in a language other28\nthan English — an accurate English translation is also29\navailable, without charge, for public inspection; and30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nMiscellaneous Part 12\ns. 273\npage 165\n(c) details of where a document mentioned in paragraph (a)1\nor (b) may be inspected or obtained are published on a2\nwebsite maintained by or on behalf of the Department.3\n273. Review of Act4\n(1) The Minister must review the operation and effectiveness of this5\nAct and prepare a report based on the review —6\n(a) as soon as practicable after the 3rd anniversary of the day7\non which this section comes into operation; and8\n(b) after that, at intervals of not more than 5 years.9\n(2) A review must address whether this Act remains contemporary10\nhaving regard to the effect of changes in science, technology,11\nmedical practice and societal views on the subject matter of this12\nAct.13\n(3) The Minister must cause the report to be laid before each House14\nof Parliament as soon as practicable after it is prepared, but not15\nlater than 12 months after the expiry of the period in which the16\nreport is to be prepared under subsection (1)(a) or (b).17\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 13 Repeals\ns. 274\npage 166\nPart 13 — Repeals1\n274. Written laws repealed2\n(1) These written laws are repealed —3\n(a) the Artificial Conception Act 1985;4\n(b) the Human Reproductive Technology Act 1991;5\n(c) the Surrogacy Act 2008;6\n(d) the Human Reproductive Technology Regulations 1993;7\n(e) the Surrogacy Regulations 2009.8\n(2) The Human Reproductive Technology Directions 2021 and the9\nSurrogacy Directions 2022 are revoked.10\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nTransitional provisions Part 14\nPreliminary Division 1\ns. 275\npage 167\nPart 14 — Transitional provisions1\nDivision 1 — Preliminary2\n275. Terms used3\n(1) In this Part —4\ncommencement day means the day on which this section comes5\ninto operation;6\nrepealed, in relation to a written law, means the written law as7\nin force immediately before its repeal by section 274.8\n(2) A term used in this Part that is defined in a repealed written law9\nhas the same meaning in this Part as it has in that law.10\n276. Interpretation Act 1984 not affected11\nThis Part is in addition to the Interpretation Act 1984 and does12\nnot limit or otherwise affect the operation of the provisions of13\nthat Act.14\n277. Application to reproductive material collected, and embryos15\ncreated, before commencement16\nThis Act applies in relation to reproductive material collected,17\nor an embryo created, in an ART procedure performed before18\ncommencement day.19\nDivision 2 — Parentage of children of pregnancies resulting20\nfrom ART procedures21\n278. Recognition of parentage under repealed Artificial22\nConception Act 1985 continues23\n(1) Part 3 Division 3 applies in relation to the parentage of a child24\nregardless of whether a pregnancy mentioned in that Division25\nwas achieved, or an ART procedure mentioned in that Division26\nwas performed, before, on or after commencement day.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 14 Transitional provisions\nDivision 3 Matters related to assisted reproductive technology\nprocedures\ns. 279\npage 168\n(2) This section does not affect the application of the Interpretation1\nAct 1984 section 37 in relation to the repeal of the Artificial2\nConception Act 1985 and the operation of the repealed Act in3\nrelation to the parentage of a child.4\nDivision 3 — Matters related to assisted reproductive5\ntechnology procedures6\n279. Existing consents7\n(1) If a person gave effective consent for something to be done in8\nrelation to human gametes under the repealed Human9\nReproductive Technology Act 1991 —10\n(a) the human gametes the subject of the consent are taken11\nto be reproductive material as defined in section 9(1);12\nand13\n(b) the consent is taken to be effective for the thing to be14\ndone in relation to the reproductive material for the15\npurposes of section 50(2).16\n(2) If a person gave effective consent for something to be done in17\nrelation to a human egg undergoing fertilisation, or a human18\nembryo brought about by an in vitro fertilisation procedure,19\nunder the repealed Human Reproductive Technology20\nAct 1991 —21\n(a) the human egg or human embryo the subject of the22\nconsent is taken to be an embryo as defined in23\nsection 9(3) and (4); and24\n(b) the consent is taken to be effective for the thing to be25\ndone in relation to the embryo for the purposes of26\nsection 50(2).27\n(3) If a consent to which subsection (1) or (2) applies is for28\nreproductive material or an embryo to be stored and the consent29\ndoes not specify a period for which the material or embryo may30\nbe stored, the consent is taken to specify that the material or31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nTransitional provisions Part 14\nMatters related to assisted reproductive technology\nprocedures\nDivision 3\ns. 280\npage 169\nembryo are to be stored for a period of 10 years after the day on1\nwhich the consent was signed.2\n280. Previous counselling3\nCounselling undertaken pursuant to requirements under the4\nHuman Reproductive Technology Act 1991 or the Human5\nReproductive Technology Directions 2021 clause 5.8 is taken to6\nbe sufficient compliance with a requirement under this Act for7\ncounselling to have been received or to be provided or made8\navailable.9\n281. Information provided before commencement day10\n(1) This section applies if —11\n(a) a licensee is required to provide a person with12\ninformation under section 51(2)(c) before the person13\ngives consent for something to be done as part of an14\nART service provided by the licensee; and15\n(b) the information was provided to the person under the16\nHuman Reproductive Technology Directions 2021 Part 417\nor the Surrogacy Directions 2022 clause 10 before18\ncommencement day.19\n(2) The licensee is taken to have complied with section 51(2)(c) in20\nrelation to the person giving the consent.21\n282. Existing approval of Council22\nIf the Council gave approval for a matter under the repealed23\nHuman Reproductive Technology Act 1991, and the approval is24\nin force immediately before commencement day, the approval is25\ntaken to be approval given by the Board for the same matter26\nunder this Act.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 14 Transitional provisions\nDivision 4 Licensing of assisted reproductive technology services\ns. 283\npage 170\n283. Pending applications for approval of Council1\n(1) This section applies to an application made to the Council for2\napproval of a matter under the repealed Human Reproductive3\nTechnology Act 1991 but not decided or withdrawn before4\ncommencement day.5\n(2) If the matter is a matter that the Board can approve under this6\nAct, the application is taken to be an application made to the7\nBoard under this Act.8\n(3) The Board may decide the application under this Act.9\nDivision 4 — Licensing of assisted reproductive technology10\nservices11\n284. Pending licence applications12\n(1) This section applies to an application for a licence made under13\nthe Human Reproductive Technology Act 1991 section 29 but14\nnot decided or withdrawn before commencement day.15\n(2) The application is taken to —16\n(a) be an application for a licence made under section 153;17\nand18\n(b) comply with section 154(1).19\n(3) The CEO may deal with the application under Part 7.20\n285. Existing licences21\n(1) This section applies to a licence issued under the Human22\nReproductive Technology Act 1991 and in force immediately23\nbefore commencement day, regardless of whether the licence24\nis —25\n(a) a storage licence; or26\n(b) a practice licence; or27\n(c) both a storage licence and a practice licence.28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nTransitional provisions Part 14\nLicensing of assisted reproductive technology services Division 4\ns. 286\npage 171\n(2) The licence continues in force as a licence under this Act —1\n(a) issued on the same terms and in relation to the same2\npremises; and3\n(b) subject to the same conditions imposed on the licence by4\nthe CEO.5\n(3) A condition of the licence mentioned in subsection (2)(b) is6\ntaken to be a discretionary condition of the licence.7\n(4) A condition imposed on the licence by a provision of the8\nHuman Reproductive Technology Act 1991 has no effect.9\n(5) Nothing in this section prevents the licence being suspended or10\ncancelled under Part 7 Division 8.11\n286. Existing exemptions for certain procedures12\n(1) This section applies to an exemption deemed to have been13\nissued, or specifically issued, under the Human Reproductive14\nTechnology Act 1991 section 28(1) and in force immediately15\nbefore commencement day.16\n(2) Section 19(1) does not apply to the medical practitioner who is17\nsubject to the exemption.18\n(3) The CEO may take disciplinary action against the medical19\npractitioner.20\n(4) For the purpose of the CEO taking disciplinary action against21\nthe medical practitioner, the exemption is taken to be a licence22\nand the medical practitioner is taken to be a licensee.23\n287. Existing interim authorisations24\n(1) An authorisation issued under the Human Reproductive25\nTechnology Act 1991 section 30 and in force immediately26\nbefore commencement day is taken to be an authorisation by the27\nCEO under section 189(3).28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 14 Transitional provisions\nDivision 4 Licensing of assisted reproductive technology services\ns. 288\npage 172\n(2) A direction applying in relation to the authorisation under the1\nHuman Reproductive Technology Act 1991 section 30(4)2\ncontinues to apply to the authorisation.3\n288. Pending reviews4\n(1) This section applies if —5\n(a) before commencement day, the Human Reproductive6\nTechnology Act 1991 section 42 (repealed section 42)7\napplied in relation to a decision; and8\n(b) immediately before commencement day, an action that9\ncould or was required to have been taken under repealed10\nsection 42 had not been taken.11\n(2) Despite the repeal of the Human Reproductive Technology12\nAct 1991 —13\n(a) the action may be taken on or after commencement day14\nif taking the action would be consistent with repealed15\nsection 42, including, for example, complying with any16\ntime limit for taking the action; and17\n(b) the obligation to take particular action under repealed18\nsection 42 continues.19\n(3) If a person applies for a review under subsection (2)(a), the20\nreview is taken to have been started, and must be dealt with and21\nconcluded, under Part 7 Division 10.22\n289. Existing reviews in progress23\n(1) A review of a decision by the State Administrative Tribunal that24\nwas commenced under the Human Reproductive Technology25\nAct 1991 section 42, but not concluded before commencement26\nday, may be continued and concluded under that Act as if that27\nAct had not been repealed.28\n(2) If a licence, exemption or interim authorisation is granted29\nbecause of subsection (1), this Division applies to the licence,30\nexemption or interim authorisation as if the licence, exemption31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nTransitional provisions Part 14\nLicensing of assisted reproductive technology services Division 4\ns. 290\npage 173\nor interim authorisation were in effect under the Human1\nReproductive Technology Act 1991 immediately before2\ncommencement day.3\n290. Existing and incomplete records4\n(1) This section applies if a person had an obligation to make and5\nkeep a record under the Human Reproductive Technology6\nAct 1991.7\n(2) If the person had not made the record before commencement8\nday, the obligation to make the record continues in relation to9\nthe record despite the repeal of that Act.10\n(3) If, on commencement day, the person is a licensee under this11\nAct, the record is taken to be a record the licensee is required to12\nkeep under section 35.13\n291. Annual return14\n(1) In this section —15\nannual return means the annual return required under the16\nHuman Reproductive Technology Act 1991 section 47(1);17\nexisting licensee means the licensee for a licence continued18\nunder section 285(2).19\n(2) Before the prescribed day, an existing licensee must submit an20\nannual return for the period starting on the day after the end of21\nthe last financial year before commencement day and ending on22\nthe day before commencement day.23\n292. Summary determinations24\n(1) In this section —25\nformer council means the Western Australian Reproductive26\nTechnology Council established by the repealed Human27\nReproductive Technology Act 1991 section 8;28","sortOrder":15},{"sectionNumber":"retrieval-0017","sectionType":"document_chunk","heading":"Document excerpt 17","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nPart 14 Transitional provisions\nDivision 4 Licensing of assisted reproductive technology services\ns. 292\npage 174\nsummary determination means a determination made by the1\nCEO under the Human Reproductive Technology Act 19912\nsection 37(1).3\n(2) This section applies if, before commencement day —4\n(a) the CEO made a summary determination; and5\n(b) the former council advised the CEO about the summary6\ndetermination.7\n(3) On or after commencement day, all of the following actions8\nmay be taken in relation to the summary determination as if the9\nHuman Reproductive Technology Act 1991 section 37 had not10\nbeen repealed —11\n(a) the CEO giving a person notice of, or publishing notice12\nof, the summary determination;13\n(b) a person consenting to the summary determination;14\n(c) a person showing cause as to why effect should not be15\ngiven to the summary determination;16\n(d) the CEO giving effect to the summary determination;17\n(e) the CEO imposing a warning or penalty relating to the18\nsummary determination.19\n(4) The CEO may make an allegation to the State Administrative20\nTribunal in respect of the summary determination under the21\nHuman Reproductive Technology Act 1991 section 38.22\n(5) For the purposes of making an allegation to the State23\nAdministrative Tribunal under subsection (4), the Human24\nReproductive Technology Act 1991 section 38(1a) and (1b) do25\nnot apply.26\n(6) The State Administrative Tribunal may take action under the27\nHuman Reproductive Technology Act 1991 section 40(1a) and28\n(2a) as if those subsections had not been repealed.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nTransitional provisions Part 14\nSurrogacy arrangements Division 5\ns. 293\npage 175\n(7) The ability of the State Administrative Tribunal to take the1\naction referred to in subsection (6) is subject to the limitation in2\nthe Human Reproductive Technology Act 1991 section 40(3)3\ndespite the repeal of that subsection.4\nDivision 5 — Surrogacy arrangements5\n293. Terms used6\n(1) In this Division —7\ncommencement day means the day on which this section comes8\ninto operation;9\noverseas surrogacy arrangement includes a surrogacy10\narrangement (as defined in the Surrogacy Act 2008 section 3)11\nentered into before commencement day under which the12\nsurrogate lives and the child is to be, or was, born outside13\nAustralia;14\nsurrogacy arrangement includes —15\n(a) a surrogacy arrangement as defined in the Surrogacy16\nAct 2008 section 3; and17\n(b) an overseas surrogacy arrangement.18\n(2) The definition of surrogacy arrangement in subsection (1)19\napplies despite section 16.20\n294. Pending parentage orders21\n(1) This section applies if, before commencement day —22\n(a) a person applied to the Family Court for a parentage23\norder under the Surrogacy Act 2008 section 20; and24\n(b) the Family Court has neither made, nor refused to make,25\nthe parentage order.26\n(2) On or after commencement day, the Family Court may make, or27\nrefuse to make, the parentage order under this Act as if the28\nparentage order had been applied for under this Act.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 14 Transitional provisions\nDivision 5 Surrogacy arrangements\ns. 295\npage 176\n295. Pending applications under Surrogacy Act 20081\n(1) This section applies to any of the following applications made2\nunder the Surrogacy Act 2008, but not decided, before3\ncommencement day —4\n(a) an application for an order discharging a parentage order5\nmade under section 27(1) of that Act;6\n(b) an application for leave to intervene in an application for7\nan order discharging a parentage order made under8\nsection 27(6) of that Act;9\n(c) an application for approval to vary an approved plan10\nmade under section 30(1) of that Act;11\n(d) an application for an order excluding a person from12\nhaving access to information made under section 36(1)13\nof that Act;14\n(e) an application for access to all or part of the record of15\ncourt proceedings made under section 37(2), 40(4)16\nor 41(4) of that Act.17\n(2) The application may be decided under the Surrogacy Act 200818\nas if that Act had not been repealed.19\n296. Continuing court orders20\n(1) This section applies if —21\n(a) the Family Court made an order under the Surrogacy22\nAct 2008 before commencement day; and23\n(b) the order was in force immediately before24\ncommencement day.25\n(2) The order continues in force and is taken to have been made26\nunder this Act.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nTransitional provisions Part 14\nSurrogacy arrangements Division 5\ns. 297\npage 177\n297. Application for parentage order for child born before1\ncommencement day2\n(1) This section applies if a surrogate gave birth to a child before3\ncommencement day, regardless of whether the child is under, or4\nhas reached, 18 years of age.5\n(2) Despite section 119(2)(b), an application for a parentage order6\nfor the child may be made under section 119(1) during the7\nperiod of 6 months after commencement day.8\n(3) Subsection (2) does not affect section 119(2)(a).9\nNote for this subsection:10\nSection 119(2)(a) provides that an application for a parentage order for11\na child cannot be lodged during the 28 days after the day on which the12\nchild is born.13\n(4) Subsection (2) applies regardless of whether —14\n(a) a parentage order, or an application for a parentage15\norder, could be made for the child under the Surrogacy16\nAct 2008; or17\n(b) an application for a parentage order for the child made18\nunder the Surrogacy Act 2008 was refused by the19\nFamily Court.20\n298. Making parentage order: child born under local surrogacy21\narrangement before commencement day22\n(1) In this section —23\nlocal surrogacy arrangement means a surrogacy arrangement24\nother than an overseas surrogacy arrangement.25\n(2) Section 131 applies in relation to a child born under a local26\nsurrogacy arrangement before commencement day, regardless27\nof whether the surrogacy is for reward (as defined in28\nsection 106).29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 14 Transitional provisions\nDivision 6 Other transitional provisions\ns. 299\npage 178\n299. Making parentage order: certain surrogacy arrangements1\n(1) This section applies in relation to a child born —2\n(a) under an overseas surrogacy arrangement entered into3\nbefore commencement day; and4\n(b) before the 2nd anniversary of commencement day5\n(including before or on commencement day).6\n(2) In deciding whether to make a parentage order for the child7\nunder section 120, the court may dispense with a requirement of8\nsection 120, other than a requirement of section 120(1)(a) or (c),9\nif the court is satisfied that doing so is in the best interests of the10\nchild.11\nDivision 6 — Other transitional provisions12\n300. Existing registers13\n(1) This section applies in relation to information the CEO was14\nrequired to keep in a register under the Human Reproductive15\nTechnology Act 1991 section 45(1)(a).16\n(2) If, after commencement day, the information would be17\ninformation the CEO is required to keep in the register of18\nidentity, the information is taken to be information contained in19\nthe register of identity.20\n(3) If, after commencement day, the information would be21\ninformation the CEO is required to keep in the register of ART22\nprocedures, the information is taken to be information contained23\nin the register of ART procedures.24\n301. Western Australian Reproductive Technology Council25\nabolished26\nOn commencement day, the Western Australian Reproductive27\nTechnology Council established under the repealed Human28\nReproductive Technology Act 1991 is abolished and the29\nmembers of the council go out of office.30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nTransitional provisions Part 14\nOther transitional provisions Division 6\ns. 302\npage 179\n302. Transitional regulations1\n(1) In this section —2\npublication day, in relation to transitional regulations, means3\nthe day on which the transitional regulations are published in4\naccordance with the Interpretation Act 1984 section 41(1)(a);5\nrepealed law means each written law repealed by section 274 as6\nin force immediately before its repeal;7\ntransitional matter —8\n(a) means a matter or issue of a transitional nature that9\narises as a result of —10\n(i) the repeal of a repealed law; or11\n(ii) the enactment and coming into operation of this12\nAct;13\nand14\n(b) includes a matter or issue of a savings or application15\nnature;16\ntransitional regulations means regulations made for the17\npurposes of subsection (2).18\n(2) If there is not sufficient provision in this Part for dealing with a19\ntransitional matter, regulations may prescribe anything required,20\nnecessary or convenient to be prescribed in relation to that21\nmatter.22\n(3) Without limiting subsection (2), transitional regulations may23\nprovide that —24\n(a) specified provisions of this Act —25\n(i) do not apply in relation to a specified matter; or26\n(ii) apply with specified modifications to or in27\nrelation to a specified matter;28\nand29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 14 Transitional provisions\nDivision 6 Other transitional provisions\ns. 302\npage 180\n(b) specified provisions of a repealed law continue to apply1\n(with or without specified modifications) to, or in2\nrelation to, a specified matter as if a repealed law were3\nnot repealed.4\n(4) Transitional regulations cannot be made after the end of the5\nperiod of 2 years beginning on commencement day.6\n(5) If transitional regulations provide that a state of affairs is taken7\nto have existed, or not to have existed, on and from a day that is8\nearlier than publication day, but not earlier than commencement9\nday, the regulations have effect according to their terms.10\n(6) If transitional regulations contain a provision referred to in11\nsubsection (5), the provision does not operate so as to —12\n(a) affect in a manner prejudicial to any person (other than13\nthe State or an authority of the State), the rights of that14\nperson existing before publication day; or15\n(b) impose liabilities on any person (other than the State or16\nan authority of the State) in respect of anything done or17\nomitted to be done before publication day.18\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nBirths, Deaths and Marriages Registration Act 1998 amended Part 15\ns. 303\npage 181\nPart 15 — Births, Deaths and Marriages Registration1\nAct 1998 amended2\n303. Act amended3\nThis Part amends the Births, Deaths and Marriages Registration4\nAct 1998.5\n304. Section 4 amended6\n(1) In section 4 delete the definition of birth registration statement.7\n(2) In section 4 insert in alphabetical order:8\n9\nadoption order has the meaning given in the Adoption10\nAct 1994 section 4(1);11\nART procedure has the meaning given in the Assisted12\nReproductive Technology and Surrogacy Act 202513\nsection 8;14\nbirth certificate, in relation to a person, means a15\ncertificate issued under section 57(1)(a) certifying16\nparticulars contained in an entry about the birth of the17\nperson;18\nbirth registration statement has the meaning given in19\nsection 14(1);20\ndonor-conceived person has the meaning given in the21\nAssisted Reproductive Technology and Surrogacy22\nAct 2025 section 6;23\nparentage order has the meaning given in the Assisted24\nReproductive Technology and Surrogacy Act 202525\nsection 116(2)(a);26\nsurrogacy arrangement has the meaning given in the27\nAssisted Reproductive Technology and Surrogacy28\nAct 2025 section 16.29\n30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 15 Births, Deaths and Marriages Registration Act 1998 amended\ns. 305\npage 182\n(3) In section 4 in the definition of registrable event delete “order1\nas defined in the Surrogacy Act 2008 section 14;” and insert:2\n3\norder;4\n5\n(4) In section 4 in the definition of still-born child delete “birth.”6\nand insert:7\n8\nbirth;9\n10\n305. Section 13 amended11\nIn section 13(5) delete “the Commonwealth,” and insert:12\n13\nAustralia,14\n15\n306. Section 14 amended16\n(1) In section 14:17\n(a) delete “A person” and insert:18\n19\n(1) A person20\n21\n(b) delete “ “birth registration statement”)” and insert:22\n23\nbirth registration statement)24\n25\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nBirths, Deaths and Marriages Registration Act 1998 amended Part 15\ns. 307\npage 183\n(2) At the end of section 14 insert:1\n2\n(2) The approved form for a birth registration statement3\nmust require the person completing the form to indicate4\nwhether or not the child whose birth is to be registered5\nis a donor-conceived person.6\n(3) If a birth registration statement indicates that the child7\nwhose birth is to be registered is a donor-conceived8\nperson, the person completing the form must provide9\nevidence to establish to the Registrar’s satisfaction that10\nthe child is a donor-conceived person.11\n12\n307. Section 17A inserted13\nAfter section 17 insert:14\n15\n17A. Registration of birth of donor-conceived person16\n(1) This section applies if —17\n(a) the Registrar registers a birth under18\nsection 17(1); and19\n(b) the relevant birth registration statement20\nindicates that the child whose birth is registered21\nis a donor-conceived person.22\n(2) If the Registrar is satisfied that the child whose birth is23\nregistered is a donor-conceived person, the Registrar24\nmust include, in the entry about the birth in the25\nRegister, a note indicating that the child is a26\ndonor-conceived person.27\n28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 15 Births, Deaths and Marriages Registration Act 1998 amended\ns. 308\npage 184\n308. Section 18A inserted1\nAfter section 18 insert:2\n3\n18A. Registration of deceased parent if child born4\nthrough posthumous use of reproductive material5\nor embryo6\n(1) In this section —7\nembryo has the meaning given in the Assisted8\nReproductive Technology and Surrogacy Act 20259\nsection 9(3);10\nintended parent has the meaning given in the Assisted11\nReproductive Technology and Surrogacy Act 202512\nsection 14;13\nreproductive material has the meaning given in the14\nAssisted Reproductive Technology and Surrogacy15\nAct 2025 section 9(1) and (2);16\nsurviving partner has the meaning given in the17\nAssisted Reproductive Technology and Surrogacy18\nAct 2025 section 6.19\n(2) This section applies if —20\n(a) the surviving partner of a deceased person is21\nthe birth parent of a child born as the result of22\nan ART procedure that involved the23\nposthumous use of —24\n(i) the deceased person’s reproductive25\nmaterial; or26\n(ii) an embryo created with the deceased27\nperson’s reproductive material; or28\n(iii) an embryo of which the deceased person29\nwas an intended parent;30\nand31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nBirths, Deaths and Marriages Registration Act 1998 amended Part 15\ns. 308\npage 185\n(b) the surviving partner does either of the1\nfollowing —2\n(i) includes the deceased person as a parent3\nof the child in the birth registration4\nstatement lodged under section 14(1);5\n(ii) applies to the Registrar to include the6\ndeceased person as a parent of the child7\nas additional registrable information8\nunder section 19(1).9\n(3) The Registrar must not register the deceased person as10\nthe child’s parent in the Register unless satisfied that11\napproval for the posthumous use was granted under the12\nAssisted Reproductive Technology and Surrogacy13\nAct 2025 section 83(4) or a written law of another14\njurisdiction that regulates the posthumous use.15\n(4) Subsection (3) does not apply if the surviving partner16\nsatisfies the Registrar that the approval mentioned in17\nthat subsection was not required for the posthumous18\nuse.19\n(5) The Registrar may include, in the entry about the20\nchild’s birth in the Register, a note indicating that the21\nchild is a donor-conceived person if the Registrar is —22\n(a) prevented under this section from registering23\nthe deceased person as the child’s parent; and24\n(b) satisfied that the child was born as the result of25\nan ART procedure that involved the26\nposthumous use of the deceased person’s27\nreproductive material or an embryo created28\nwith the deceased person’s reproductive29\nmaterial.30\n31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 15 Births, Deaths and Marriages Registration Act 1998 amended\ns. 309\npage 186\n309. Section 19 amended1\nIn section 19(1) delete “section 18,” and insert:2\n3\nsections 18 and 18A,4\n5\n310. Section 24 amended6\nIn section 24(2) delete “section 32(1) of the Surrogacy7\nAct 2008” and insert:8\n9\nsection 140(1) of the Assisted Reproductive Technology and10\nSurrogacy Act 202511\n12\n311. Section 25 amended13\nIn section 25(2A):14\n(a) delete “section 32(1) of the Surrogacy Act 2008” and15\ninsert:16\n17\nsection 140(1) of the Assisted Reproductive Technology18\nand Surrogacy Act 202519\n20\n(b) in paragraph (b) delete “under section 32 of that Act.”21\nand insert:22\n23\nin the notice.24\n25","sortOrder":16},{"sectionNumber":"retrieval-0018","sectionType":"document_chunk","heading":"Document excerpt 18","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nBirths, Deaths and Marriages Registration Act 1998 amended Part 15\ns. 312\npage 187\n312. Section 25A inserted1\nAfter section 25 insert:2\n3\n25A. WA order: child born outside Australia4\n(1) In this section —5\nancillary order means an order made by the Family6\nCourt under the Assisted Reproductive Technology and7\nSurrogacy Act 2025 section 122.8\n(2) This section applies if —9\n(a) the Registrar receives a notice under the10\nAssisted Reproductive Technology and11\nSurrogacy Act 2025 section 140(1) in relation12\nto the making or discharge of a parentage order;13\nand14\n(b) the information provided in the notice states15\nthat the child was born in a place outside16\nAustralia.17\n(3) The Registrar must register the making or discharge of18\nthe parentage order in accordance with the information19\nprovided in the notice.20\n(4) If an ancillary order, made in relation to the parentage21\norder, orders that the birth of the child be registered in22\nthis State, the Registrar must register the child’s birth23\nin accordance with the information provided in the24\nnotice and any other information relevant to the child25\nprovided to the Registrar under the Assisted26\nReproductive Technology and Surrogacy Act 202527\nsection 140.28\n29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 15 Births, Deaths and Marriages Registration Act 1998 amended\ns. 313\npage 188\n313. Section 26 amended1\n(1) In section 26(1)(a) delete “adoption order or parentage order”2\nand insert:3\n4\norder, substantially similar in effect to an adoption order or a5\nparentage order,6\n7\n(2) Delete section 26(2).8\n314. Section 26A inserted9\nAfter section 26 insert:10\n11\n26A. Notes about surrogacy in Register12\n(1) In this section —13\ncorresponding order means an order substantially14\nsimilar in effect to a parentage order, made under a law15\nin force in another State.16\n(2) This section applies if —17\n(a) under section 24(2), 25(2A), 25A or 26, the18\nRegistrar is required to register information in19\nrelation to a child because of the making of a20\nparentage order or a corresponding order; and21\n(b) the child’s birth is registered in this State.22\n(3) The Registrar must include, in the entry about the23\nchild’s birth in the Register, a note indicating that the24\nchild was born under a surrogacy arrangement.25\n(4) The Registrar must remove the note from the Register26\nif —27\n(a) the Registrar receives a notice under the28\nAssisted Reproductive Technology and29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nBirths, Deaths and Marriages Registration Act 1998 amended Part 15\ns. 315\npage 189\nSurrogacy Act 2025 section 140(1) in relation1\nto the discharge of the parentage order; or2\n(b) the corresponding order is discharged under a3\nlaw in force in another State.4\n5\n315. Section 28 amended6\nIn section 28:7\n(a) delete “Surrogacy Act 2008 section 39” and insert:8\n9\nAssisted Reproductive Technology and Surrogacy10\nAct 2025 section 145(2)11\n12\n(b) in paragraph (b) delete “Surrogacy Act 2008,” and13\ninsert:14\n15\nAssisted Reproductive Technology and Surrogacy16\nAct 2025,17\n18\n316. Section 40 amended19\nIn section 40(5) delete “the Commonwealth” and insert:20\n21\nAustralia22\n23\n317. Section 52 amended24\nIn section 52 delete “sections 18” and insert:25\n26\nsections 18, 18A27\n28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 15 Births, Deaths and Marriages Registration Act 1998 amended\ns. 318\npage 190\n318. Section 57 amended1\nAfter section 57(3) insert:2\n3\n(4) A birth certificate must not indicate that a person was4\nborn as the result of an ART procedure or through5\nsurrogacy.6\n7\n319. Section 57A inserted8\nAfter section 57 insert:9\n10\n57A. Certain people to be advised about further11\ninformation relating to their birth12\n(1) This section applies if —13\n(a) the Registrar issues a birth certificate to a14\nperson who is 16 years of age or older; and15\n(b) the entry about the birth of the person in the16\nRegister includes a note indicating that either or17\nboth of the following circumstances apply to18\nthe person —19\n(i) the person is a donor-conceived person;20\n(ii) the person was born under a surrogacy21\narrangement.22\n(2) The Registrar must give to the person written notice23\nthat further information regarding the person’s birth24\nmay be available from —25\n(a) if the person is a donor-conceived person — the26\nchief executive officer of the department27\nprincipally assisting in the administration of the28\nAssisted Reproductive Technology and29\nSurrogacy Act 2025; or30\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nBirths, Deaths and Marriages Registration Act 1998 amended Part 15\ns. 320\npage 191\n(b) if the person was born under a surrogacy1\narrangement — the Registrar.2\n(3) However, subsection (2)(b) does not apply in relation3\nto a person born under a surrogacy arrangement if the4\nperson is a donor-conceived person.5\n6\n320. Section 66 amended7\nIn section 66(2) delete “An action in tort does not lie against a8\nprotected person” and insert:9\n10\nA protected person does not incur civil liability11\n12\n321. Section 68 amended13\n(1) In section 68(2A) delete “the Surrogacy Act 2008” and insert:14\n15\na parentage order16\n17\n(2) In section 68(2)(b) delete “Surrogacy Act 2008” and insert:18\n19\nAssisted Reproductive Technology and Surrogacy Act 202520\n21\nNote : The heading to amended section 68 is to read:22\nSome effects of adoption and surrogacy23\nNote : The heading to section 27 is to read:24\nManner and form of adoption and parentage information in25\nRegister26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 16 Human Tissue and Transplant Act 1982 amended\ns. 322\npage 192\nPart 16 — Human Tissue and Transplant Act 19821\namended2\n322. Act amended3\nThis Part amends the Human Tissue and Transplant Act 1982.4\n323. Section 3 amended5\n(1) In section 3(1) delete the definitions of:6\nhuman egg7\nhuman embryo8\nhuman sperm9\n(2) In section 3(1) insert in alphabetical order:10\n11\nembryo has the meaning given in the Assisted12\nReproductive Technology and Surrogacy Act 202513\nsection 9(3);14\nreproductive material has the meaning given in the15\nAssisted Reproductive Technology and Surrogacy16\nAct 2025 section 9(1) and (2);17\n18\n324. Section 6 amended19\n(1) In section 6 delete “a human embryo, human sperm or a human20\negg.” and insert:21\n22\nreproductive material or an embryo.23\n24\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nHuman Tissue and Transplant Act 1982 amended Part 16\ns. 325\npage 193\n(2) At the end of section 6 insert:1\n2\nNote for this section:3\nThe Assisted Reproductive Technology and Surrogacy4\nAct 2025 regulates the donation of reproductive material5\nand embryos.6\n7\n325. Section 21A replaced8\nDelete section 21A and insert:9\n10\n21A. Application of Part11\nNothing in this Part applies to the removal of tissue12\nfrom the body of a deceased person for the purpose13\nof —14\n(a) the practice of anatomy under the Anatomy15\nAct 1930; or16\n(b) being used to conceive or create an embryo.17\n18\n326. Part 3A inserted19\nAfter section 24A insert:20\n21\nPart 3A — Removal of reproductive material22\nafter death23\n24B. Purpose24\nThis Part deals with the requirements for the removal25\nof tissue from the body of a deceased person for the26\npurpose of being used to conceive or create an embryo.27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 16 Human Tissue and Transplant Act 1982 amended\ns. 326\npage 194\n24C. Term used: licensee1\nIn this Part —2\nlicensee has the meaning given in the Assisted3\nReproductive Technology and Surrogacy Act 20254\nsection 6.5\n24D. Designated officer may authorise removal of6\nreproductive material from bodies in hospital7\n(1) This section applies if a person dies in a hospital or the8\nbody of a deceased person is brought into a hospital.9\n(2) Subject to subsection (3), a designated officer for the10\nhospital may authorise the removal of reproductive11\nmaterial from the body of the deceased person if —12\n(a) consent to the removal of the reproductive13\nmaterial is obtained from —14\n(i) the spouse or de facto partner of the15\ndeceased person; or16\n(ii) in the case that the deceased person’s17\nspouse or de facto partner is not18\navailable, the senior available next of19\nkin of the deceased person;20\nand21\n(b) the designated officer is satisfied that the22\nreproductive material is to be transferred to a23\nlicensee for storage.24\n(3) A designated officer must not authorise the removal of25\nreproductive material from the deceased person if —26\n(a) the deceased person died while under the age of27\n18 years; or28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nHuman Tissue and Transplant Act 1982 amended Part 16\ns. 326\npage 195\n(b) the designated officer has reason to believe that1\nthe deceased person had expressed an objection2\nto the removal of reproductive material from3\ntheir body after death.4\n24E. Medical practitioners’ declaration required in cases5\nof artificial respiration and blood circulation6\n(1) This section applies if —7\n(a) a designated officer for a hospital proposes to8\nauthorise the removal of reproductive material9\nfrom the body of a deceased person under10\nsection 24D; and11\n(b) the respiration and circulation of the blood of12\nthe deceased person are being maintained by13\nartificial means.14\n(2) The designated officer must not authorise the removal15\nof reproductive material from the deceased person16\nunless 2 medical practitioners have, after each carrying17\nout a clinical examination of the person, declared that18\nirreversible cessation of all function of the brain of the19\ndeceased person has occurred.20\n(3) For the purposes of subsection (2) —21\n(a) each medical practitioner must have been a22\nmedical practitioner for a period of not less23\nthan 5 years; and24\n(b) at least 1 of the medical practitioners must hold25\nspecialist qualifications in general medicine,26\nneurology or neurosurgery or such other27\nqualifications as are accepted by the Chief28\nHealth Officer.29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 16 Human Tissue and Transplant Act 1982 amended\ns. 326\npage 196\n(4) For the purposes of subsection (3)(a), any period1\nduring which a medical practitioner practised as a2\nmedical practitioner, however described, under the law3\nin force in a country outside Australia must be taken4\ninto account in calculating the period of 5 years5\nreferred to in that subsection.6\n24F. Coroner’s consent to removal of reproductive7\nmaterial in case of reportable death8\n(1) If the designated officer for a hospital has reason to9\nbelieve that the death of a person is or may be a10\nreportable death, the designated officer must not, under11\nsection 24D, authorise the removal of reproductive12\nmaterial from the body of the deceased person unless13\nthe coroner has given consent to the removal.14\n(2) A coroner may give a direction, either before or after15\nthe death of a person, that the coroner’s consent to the16\nremoval of reproductive material from the body of the17\nperson after the death of the person is not required and,18\nin that event, subsection (1) does not apply in relation19\nto the removal of tissue from the body of the person.20\n(3) A consent or direction by a coroner under this section21\nmay be expressed to be subject to such conditions as22\nare specified in the consent or the direction.23\n(4) A consent or direction by a coroner under this section24\nmay be given orally by a coroner, and if so given, must25\nbe confirmed in writing.26\n27\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nHuman Tissue and Transplant Act 1982 amended Part 16\ns. 327\npage 197\n327. Section 29 replaced1\nDelete section 29 and insert:2\n3\n29. Part does not apply to trading regulated under4\nAssisted Reproductive Technology and Surrogacy5\nAct 20256\nThis Part does not apply in relation to the sale or7\nsupply of reproductive material or an embryo.8\nNote for this section:9\nThe Assisted Reproductive Technology and Surrogacy10\nAct 2025 section 92 prohibits the supply, or offer of supply,11\nof reproductive material and embryos for valuable12\nconsideration.13\n14\n328. Section 30A amended15\n(1) In section 30A insert in alphabetical order:16\n17\nexcess ART embryo means an embryo that is not18\nrequired for the reproductive purposes (as defined in19\nthe Assisted Reproductive Technology and Surrogacy20\nAct 2025 section 11) of the person or couple for whom21\nthe embryo was created;22\n23\n(2) In section 30A in the definition of human embryonic stem cell24\nline delete “embryo as defined in section 53T of the Human25\nReproductive Technology Act 1991;” and insert:26\n27\nembryo;28\n29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 16 Human Tissue and Transplant Act 1982 amended\ns. 329\npage 198\n329. Section 33 amended1\n(1) After section 33(1)(c) insert:2\n3\n(ca) remove tissue from the body of a deceased4\nperson for the purpose of being used to5\nconceive or create an embryo except in6\npursuance of an authority that is under Part 3A7\nsufficient authority for the person to remove the8\ntissue for that purpose; or9\n10\n(2) Delete section 33(3)(ba).11\n(3) After section 33(3) insert:12\n13\n(4) Subsection (1)(c) does not apply in relation to the14\nremoval of tissue from the body of a deceased person15\nfor the purpose of —16\n(a) the practice of anatomy under the Anatomy17\nAct 1930; or18\n(b) being used to conceive or create an embryo.19\n20\n330. Section 34 amended21\n(1) In section 34(2)(d) delete “privileged.” and insert:22\n23\nprivileged; or24\n25\n(2) After section 34(2)(d) insert:26\n27\n(e) for the purposes of performing a function under28\nPart 3A; or29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nHuman Tissue and Transplant Act 1982 amended Part 16\ns. 330\npage 199\n(f) for the purposes of doing any of the following1\nunder the Assisted Reproductive Technology2\nand Surrogacy Act 2025 —3\n(i) providing an ART service as defined in4\nsection 7 of that Act;5\n(ii) performing a function under that Act;6\n(iii) maintaining a register under section 967\nor 99 of that Act.8\n9\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 17 Consequential amendments to other Acts\nDivision 1 Administration Act 1903 amended\ns. 331\npage 200\nPart 17 — Consequential amendments to other Acts1\nDivision 1 — Administration Act 1903 amended2\n331. Act amended3\nThis Division amends the Administration Act 1903.4\n332. Section 12A amended5\nIn section 12A(2a) delete “Artificial Conception Act 1985.” and6\ninsert:7\n8\nAssisted Reproductive Technology and Surrogacy Act 20259\nPart 3 Division 3.10\n11\nDivision 2 — Adoption Act 1994 amended12\n333. Act amended13\nThis Division amends the Adoption Act 1994.14\n334. Section 4 amended15\nIn section 4(1) in the definition of birth parent paragraph (b)16\ndelete “Artificial Conception Act 1985 section 6A,” and insert:17\n18\nAssisted Reproductive Technology and Surrogacy Act 202519\nsection 32(2),20\n21\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nConsequential amendments to other Acts Part 17\nAdoption Act 1994 amended Division 2\ns. 335\npage 201\n335. Section 4A amended1\nIn section 4A delete “Part 5 Division 11 Subdivision 3 of the2\nFamily Court Act 1997” and insert:3\n4\nthe Assisted Reproductive Technology and Surrogacy Act 20255\nPart 3 Division 3 and the Family Court Act 1997 Part 56\nDivision 11 Subdivision 37\n8\nNote : The heading to amended section 4A is to read:9\nPresumptions of parentage in Assisted Reproductive Technology10\nand Surrogacy Act 2025 and Family Court Act 1997, when11\napplicable12\n336. Section 17 amended13\nDelete section 17(1)(a)(ii) and insert:14\n15\n(ii) the child’s father or parent of the child16\nunder the Assisted Reproductive17\nTechnology and Surrogacy Act 202518\nsection 32(2);19\n20\n337. Section 21 amended21\nIn section 21(2c) delete “has been named as or has claimed to22\nbe a child’s parent under section 6A of the Artificial Conception23\nAct 1985” and insert:24\n25\nis or claims to be a child’s parent under the Assisted26\nReproductive Technology and Surrogacy Act 2025 section 32(2)27\n28\nNote: The heading to amended section 21 is to read:29\nPerson who may be prospective adoptee’s parent to be notified of30\nconsent31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 17 Consequential amendments to other Acts\nDivision 3 Children and Community Services Act 2004 amended\ns. 338\npage 202\n338. Section 26C amended1\nIn section 26C(1)(aa) delete “Artificial Conception Act 1985;2\nor” and insert:3\n4\nAssisted Reproductive Technology and Surrogacy Act 20255\nPart 3 Division 3; or6\n7\nDivision 3 — Children and Community Services Act 20048\namended9\n339. Act amended10\nThis Division amends the Children and Community Services11\nAct 2004.12\n340. Section 104 amended13\nIn section 104(2)(fa) delete “Surrogacy Act 2008,” and insert:14\n15\nAssisted Reproductive Technology and Surrogacy Act 202516\nsection 16,17\n18\nDivision 4 — Constitution Acts Amendment Act 1899 amended19\n341. Act amended20\nThis Division amends the Constitution Acts Amendment21\nAct 1899.22","sortOrder":17},{"sectionNumber":"retrieval-0019","sectionType":"document_chunk","heading":"Document excerpt 19","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nConsequential amendments to other Acts Part 17\nCriminal Code Act Compilation Act 1913 amended Division 5\ns. 342\npage 203\n342. Schedule V amended1\n(1) In Schedule V Part 3 after the item for The Arts and Culture2\nTrust insert:3\n4\nThe Assisted Reproductive Technology Advisory and Review Board5\nestablished under the Assisted Reproductive Technology and6\nSurrogacy Act 2025 section 232.7\n8\n(2) In Schedule V Part 3 delete the item for The Western Australian9\nReproductive Technology Council.10\nDivision 5 — Criminal Code Act Compilation Act 1913 amended11\n343. Act amended12\nThis Division amends the Criminal Code Act Compilation13\nAct 1913.14\n344. Section 343 amended15\nIn section 343 delete “section 6A of the Artificial Conception16\nAct 1985.” and insert:17\n18\nthe Assisted Reproductive Technology and Surrogacy Act 202519\nsection 32(2).20\n21\nDivision 6 — Family Court Act 1997 amended22\n345. Act amended23\nThis Division amends the Family Court Act 1997.24\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 17 Consequential amendments to other Acts\nDivision 6 Family Court Act 1997 amended\ns. 346\npage 204\n346. Section 5 amended1\nIn section 5(1) in the definition of child:2\n(a) in paragraph (a) delete “Surrogacy Act 2008” and insert:3\n4\nAssisted Reproductive Technology and Surrogacy5\nAct 2025 Part 6 Division 46\n7\n(b) in paragraph (b) delete “Surrogacy Act 2008);” and8\ninsert:9\n10\nAssisted Reproductive Technology and Surrogacy11\nAct 2025 Part 6 Division 4);12\n13\n347. Section 36 amended14\nIn section 36(2) delete “Surrogacy Act 2008” and insert:15\n16\nAssisted Reproductive Technology and Surrogacy Act 202517\n18\n348. Section 39 amended19\nIn section 39 delete “Surrogacy Act 2008” and insert:20\n21\nAssisted Reproductive Technology and Surrogacy Act 202522\n23\n349. Section 133 amended24\nDelete section 133(a) and insert:25\n26\n(a) the liability of a father, or a person who is the27\nparent of a child under the Assisted28\nReproductive Technology and Surrogacy29\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nConsequential amendments to other Acts Part 17\nFamily Court Act 1997 amended Division 6\ns. 350\npage 205\nAct 2025 section 32(2), to contribute towards1\nchild bearing expenses if the father or parent is2\nnot married to the child’s mother3\n(Subdivision 2); and4\n5\n350. Section 135 amended6\nIn section 135 delete “section 6A of the Artificial Conception7\nAct 1985,” and insert:8\n9\nthe Assisted Reproductive Technology and Surrogacy Act 202510\nsection 32(2),11\n12\n351. Section 136 amended13\nIn section 136(1):14\n(a) delete “section 6A of the Artificial Conception15\nAct 1985,” and insert:16\n17\nthe Assisted Reproductive Technology and Surrogacy18\nAct 2025 section 32(2),19\n20\n(b) in paragraph (a)(ii) delete “section 6A of the Artificial21\nConception Act 1985;” and insert:22\n23\nthe Assisted Reproductive Technology and Surrogacy24\nAct 2025 section 32(2);25\n26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 17 Consequential amendments to other Acts\nDivision 7 Family Provision Act 1972 amended\ns. 352\npage 206\n352. Section 141 amended1\nIn section 141(1):2\n(a) in paragraph (a) delete “section 6A of the Artificial3\nConception Act 1985; or” and insert:4\n5\nthe Assisted Reproductive Technology and Surrogacy6\nAct 2025 section 32(2); or7\n8\n(b) in paragraph (b) delete “section 6A of the Artificial9\nConception Act 1985,” and insert:10\n11\nthe Assisted Reproductive Technology and Surrogacy12\nAct 2025 section 32(2),13\n14\n353. Section 205T amended15\nIn section 205T in the definition of child paragraph (ca) delete16\n“Surrogacy Act 2008” and insert:17\n18\nAssisted Reproductive Technology and Surrogacy Act 202519\nPart 6 Division 420\n21\nDivision 7 — Family Provision Act 1972 amended22\n354. Act amended23\nThis Division amends the Family Provision Act 1972.24\n355. Section 4 amended25\nIn section 4(4a) delete “Artificial Conception Act 1985.” and26\ninsert:27\n28\nAssisted Reproductive Technology and Surrogacy Act 202529\nPart 3 Division 3.30\n31\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nConsequential amendments to other Acts Part 17\nFatal Accidents Act 1959 amended Division 8\ns. 356\npage 207\nDivision 8 — Fatal Accidents Act 1959 amended1\n356. Act amended2\nThis Division amends the Fatal Accidents Act 1959.3\n357. Section 6 amended4\nIn section 6(3a) delete “Artificial Conception Act 1985.” and5\ninsert:6\n7\nAssisted Reproductive Technology and Surrogacy Act 20258\nPart 3 Division 3.9\n10\nDivision 9 — Freedom of Information Act 1992 amended11\n358. Act amended12\nThis Division amends the Freedom of Information Act 1992.13\n359. Schedule 1 clause 13 amended14\nIn Schedule 1 clause 13(b) delete “artificial fertilization procedure15\nas defined in the Human Reproductive Technology Act 1991” and16\ninsert:17\n18\nART procedure as defined in the Assisted Reproductive Technology19\nand Surrogacy Act 2025 section 820\n21\nDivision 10 — Guardianship and Administration Act 199022\namended23\n360. Act amended24\nThis Division amends the Guardianship and Administration25\nAct 1990.26\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 17 Consequential amendments to other Acts\nDivision 11 Interpretation Act 1984 amended\ns. 361\npage 208\n361. Section 45 amended1\nIn section 45(3)(da) delete “section 21(2)(d) of the Surrogacy2\nAct 2008,” and insert:3\n4\nsection 120(1)(d) of the Assisted Reproductive Technology and5\nSurrogacy Act 2025,6\n7\nDivision 11 — Interpretation Act 1984 amended8\n362. Act amended9\nThis Division amends the Interpretation Act 1984.10\n363. Section 5 amended11\nIn section 5 in the definition of parent:12\n(a) delete paragraph (a) and insert:13\n14\n(a) a person who is a parent as provided for under15\nthe Assisted Reproductive Technology and16\nSurrogacy Act 2025 Part 3 Division 3;17\n18\n(b) delete paragraph (c) and insert:19\n20\n(c) a person who is a parent in a relationship of21\nparent and child that arises because of a22\nparentage order —23\n(i) made under the Assisted Reproductive24\nTechnology and Surrogacy Act 2025; or25\n(ii) made under the Surrogacy Act 200826\nbefore the repeal of that Act;27\n28\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nConsequential amendments to other Acts Part 17\nPrivacy and Responsible Information Sharing Act 2024\namended\nDivision 12\ns. 364\npage 209\nDivision 12 — Privacy and Responsible Information Sharing1\nAct 2024 amended2\n364. Act amended3\nThis Division amends the Privacy and Responsible Information4\nSharing Act 2024.5\n365. Section 158 amended6\nDelete section 158(1)(j)(ii) and insert:7\n8\n(ii) the participation of a person in an ART9\nprocedure (as defined in the Assisted10\nReproductive Technology and11\nSurrogacy Act 2025 section 8) or a12\nperson born as a result of an ART13\nprocedure;14\n15\nDivision 13 — Property Law Act 1969 amended16\n366. Act amended17\nThis Division amends the Property Law Act 1969.18\n367. Section 31A amended19\nIn section 31A(5a) delete “Artificial Conception Act 1985.” and20\ninsert:21\n22\nAssisted Reproductive Technology and Surrogacy Act 202523\nPart 3 Division 3.24\n25\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nPart 17 Consequential amendments to other Acts\nDivision 14 Wills Act 1970 amended\ns. 368\npage 210\nDivision 14 — Wills Act 1970 amended1\n368. Act amended2\nThis Division amends the Wills Act 1970.3\n369. Section 31 amended4\nIn section 31(3) delete “Artificial Conception Act 1985.” and5\ninsert:6\n7\nAssisted Reproductive Technology and Surrogacy Act 20258\nPart 3 Division 3.9\n10\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nDefined terms\npage 211\nDefined terms\n[This is a list of terms defined and the provisions where they are defined.\nThe list is not part of the law.]\nDefined term Provision(s)\n5 family worldwide limit ........................................................................... 6, 17(1)\naffected licence ............................................................................... 188(1), 189(1)\naffected person ..................................................................................... 190, 191(2)\naffected services .............................................................................. 188(1), 189(1)\nannual return ................................................................................................ 291(1)\napplicable law .............................................................................................. 122(3)\napplicant parent ............................................................................................ 125(6)\nappropriately qualified ............................................................................... 6, 23(2)\napproved conditions list ................................................................................. 63(1)\napproved form .......................................................................................................6\nART participant ....................................................................................................6\nART procedure ................................................................................ 6, 8(1) and (2)\nART service ...................................................................................................... 6, 7\nassent day ..............................................................................................................2\nauthorised officer ..................................................................................................6\nauthorised practitioner ............................................................................... 6, 29(1)\nauthorised research ........................................................................................ 67(1)\nbirth parent ................................................................................................. 6, 12(1)\nBoard..................................................................................................................... 6\nCEO ...................................................................................................................... 6\nchild .................................................................................................... 43(4), 97(4)\ncoerce ........................................................................................................... 150(1)\ncommencement day ........................................................................ 275(1), 293(1)\ncompliance notice .................................................................................... 6, 224(2)\nconsent ....................................................................................................... 6, 73(1)\ncontact preferences.................................................................... 36(3), 44(1), 98(1)\ncontributing parent .......................................................................................... 6, 13\ncorresponding law .................................................................................................6\ncouple......................................................................................................... 6, 10(2)\ndeceased person ........................................................................................... 126(1)\nde-identified information ............................................................................. 267(5)\nDepartment............................................................................................................6\ndisability ........................................................................................................ 95(1)\ndisciplinary action .................................................................................................6\ndiscretionary condition......................................................................... 152, 175(1)\ndocument...................................................................................................... 239(1)\ndonated reproductive material .................................................................... 6, 15(3)\ndonor .............................................................................................. 6, 15(2) and (3)\ndonor-conceived person ........................................................................................ 6\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nDefined terms\npage 212\nembryo .................................................................................. 6, 9(3) and (4), 73(1)\nembryo creation procedure ............................................................................ 55(1)\nembryo transfer procedure ............................................................................. 58(1)\nentry warrant ..................................................................................................... 205\nexclusion order ............................................................................................. 142(2)\nexisting licensee ........................................................................................... 291(1)\nfirst licensee ................................................................................................... 28(1)\nfirst party ...................................................................................................... 115(1)\nfirst person .......................................................................................... 44(2), 98(2)\nfit and proper person ......................................................................................... 152\nformer council .............................................................................................. 292(1)\nformer licensee ................................................................................ 172(4), 173(2)\nfor reward.................................................................................................. 104, 106\ngenetic testing .......................................................................................................6\nHealth Act ......................................................................................................... 152\nhealth information .......................................................................................... 95(1)\nhealth practitioner .................................................................................................6\nhealth profession ............................................................................................ 23(1)\nhealth service ........................................................................................................6\nhealth service provider .......................................................................................... 6\nHuman Research Ethics Committee .............................................................. 67(1)\nidentifies ...................................................................................................... 100(5)\nindependent .................................................................................................. 108(2)\ninformation................................................................................................... 239(1)\nintended parent ................................................. 6, 14(1), (2) and (3), 16(1) and (4)\ninterim licensee .................................................................................... 152, 189(3)\nlicence ................................................................................................................... 6\nlicensee .................................................................................................... 6, 197(1)\nlicensing, compliance and accreditation history ............................................... 152\nliving birth sibling ........................................................................................ 128(1)\nlocal surrogacy arrangement ........................................................................ 298(1)\nmandatory condition ......................................................................................... 152\nmandatory conditions ................................................................................... 175(1)\nmedical code ................................................................................................ 272(1)\nmedical practitioner .............................................................................................. 6\nmember ................................................................................................................. 6\nmisconduct ................................................................................................... 243(1)\nNational Ethical Statement ............................................................................ 67(1)\nNational Health and Medical Research Council ............................................ 67(1)\nnon-applicant intended parent ...................................................................... 125(3)\nofficer ................................................................................................................ 152\noverseas surrogacy arrangement ................................................... 6, 16(2), 293(1)\nparentage order ........................................................................................ 6, 116(2)\npartner ........................................................................................................ 6, 10(1)","sortOrder":18},{"sectionNumber":"retrieval-0020","sectionType":"document_chunk","heading":"Document excerpt 20","content":"Assisted Reproductive Technology and Surrogacy Bill 2025\nDefined terms\npage 213\nparty .................................................................................................................. 104\nperform ................................................................................................................. 6\npersonal information ............................................................................................. 6\nperson with management or control .................................................................. 152\nplace .................................................................................................................. 205\npolicies and procedures ..................................................................................... 152\nprescribed ..............................................................................................................6\nprescribed storage period ...................................................................................... 6\nprocedure ..............................................................................................................6\npublication day ............................................................................................. 302(1)\nqualified counsellor........................................................................................... 104\nreasonable expenses ....................................................................................... 92(1)\nrecipient .............................................................................................................. 87\nrecognised specialty ....................................................................................... 23(1)\nreconsideration period .................................................................................. 193(2)\nregister of ART procedures ............................................................................ 99(1)\nregister of births, deaths and marriages............................................................. 104\nregister of identity ...................................................................................... 6, 96(1)\nRegistrar of Births, Deaths and Marriages ........................................................ 104\nregistration ........................................................................................................ 104\nrelationship plan ................................................................................... 104, 113(1)\nrelevant person ............................................................................................. 239(3)\nrelevant provision ........................................................................................ 224(3)\nremedial action ................................................................................ 224(3), 225(1)\nremoved posthumously .................................................................................. 73(1)\nrepealed ........................................................................................................ 275(1)\nrepealed law ................................................................................................. 302(1)\nrepealed section 42....................................................................................... 288(1)\nreportable event............................................................................................ 198(1)\nreproductive material ............................................................ 6, 9(1) and (2), 73(1)\nreproductive purposes ................................................................. 11(1), (2) and (3)\nrequested use .................................................................................................. 83(1)\nrequired information ...................................................................................... 96(3)\nreviewable decision.............................................................................. 190, 191(1)\nself-insemination .............................................................................................. 8(3)\nshow cause notice ........................................................................... 178(1), 185(1)\nspecified person ........................................................................................... 142(1)\nstatement of reasons .......................................................................................... 152\nstill-born child .......................................................................................................6\nstorage period ...................................................................................... 69(1), 71(1)\nsummary determination ............................................................................... 292(1)\nsurrender date ............................................................................................... 172(2)\nsurrogacy arrangement .................................................................. 6, 16(1), 293(1)\nsurrogacy expense .................................................................... 104, 107(1) and (2)\n\nAssisted Reproductive Technology and Surrogacy Bill 2025\nDefined terms\npage 214\nsurrogate ........................................................................................ 6, 16(1) and (4)\nsurviving partner ...................................................................................................6\nterm .......................................................................................................... 6, 189(4)\ntime-sensitive ART procedure ..............................................................................6\ntransfer procedure .......................................................................................... 54(1)\ntransitional matter ........................................................................................ 302(1)\ntransitional regulations ................................................................................. 302(1)\nvaluable consideration ................................................................................... 92(1)\nvehicle ............................................................................................................... 205\nverified identity information .......................................................................... 36(3)","sortOrder":19}],"analysis":{"summary":{"status_summary":"The Assisted Reproductive Technology and Surrogacy Bill 2025 received Royal Assent on 1 April 2025, with Part 1 Division 1 commencing on that day; the remaining provisions will commence on a day or days fixed by proclamation.","complexity_score":8,"likely_questions":["What are the requirements for a valid surrogacy arrangement under this Act?","How does the 5-family worldwide limit work and can it be exceeded?","What happens to stored embryos or gametes if a person withdraws consent or dies?","Who can access information about a donor-conceived person's genetic heritage and at what age?","What are the penalties for providing ART services without a licence or for commercial surrogacy?"],"complexity_factors":["Extensive cross-referencing between multiple parts and schedules","Interaction with existing Commonwealth and State legislation (e.g., Health Practitioner Regulation National Law, Family Court Act)","Detailed consent and record-keeping requirements with different rules for different types of material and procedures","Multi-stage commencement, with some provisions effective immediately and others requiring proclamation","Ethically sensitive areas such as posthumous use, genetic testing, and donor limits","Multiple stakeholder groups affected (clinics, donors, surrogates, intended parents, children born through ART)","New regulatory bodies (ART Advisory and Review Board) and licensing system with disciplinary actions"],"plain_english_summary":"The bill overhauls WA’s fertility and surrogacy law, replacing five acts and creating a licensing regime for ART providers, new oversight bodies, registers, and detailed consent, counselling and record-keeping rules. It defines who may access ART, codifies parentage and surrogacy orders, bans commercial trade in gametes/embryos and cloning, and limits a donor’s use to five families (with Board exemptions). It also strengthens donor-conceived persons’ access to identifying information and updates birth registration."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This Bill substantially broadens and consolidates scope compared with the earlier, separate Acts it repeals. Mechanically, it replaces a patchwork of prior laws with a single, comprehensive regulatory regime that: (a) makes licensing and continuous regulatory oversight the central mechanism for all ART services (s.19; Part 7); (b) establishes mandatory, government‑maintained registers and routine reporting obligations (ss. 35–41; ss. 96–100); (c) creates a new statutory Board with approval powers and discretionary exemptions (Part 10; s. 83); (d) introduces the 5‑family worldwide limit and cross‑licensee checking duties (s.17; ss. 27–28); (e) tightens rules on posthumous use with Board approvals and medical certification (ss. 72–85); and (f) criminalises commercial trading in reproductive material and paid surrogacy (ss. 92, 111). Those additions extend the State’s regulatory reach beyond simple clinical rules into ongoing data governance, market constraints, cross‑jurisdiction controls, and discretionary administrative authorisations — all functions that go beyond the narrower, piecemeal regulatory focus of the repealed statutes."},"complexity_factors":["Lengthy consolidated statute spanning 300+ sections and 17 Parts (high overall volume).","Approximately 140 defined terms collected in the interpretation/defined terms schedule (many cross‑referenced).","Numerous cross‑references to other Acts (e.g. Family Court Act 1997, Human Tissue and Transplant Act 1982, Privacy Act and many consequential amendments in Parts 15–17).","Multiple layered approval and exception mechanisms (Board approvals, CEO discretionary licence conditions, exemptions and transitional regulations).","High density of conditional rules and nested exceptions (e.g. 5 family worldwide limit exceptions via Board s.27; posthumous use rules ss.72–85).","Complex licensing regime with multi‑stage procedures, internal reconsideration and external review (Parts 7, 190–194).","Extensive record‑keeping, reporting and register access rules with privacy gating and different access rights depending on role and age (ss. 35–44; 96–100).","Significant criminal and civil penalties across many provisions (e.g. ss. 24–26; ss. 92–95) increasing legal risk and compliance burden. ","Transitional provisions and sweeping repeals of previous Acts, plus consequential amendments to many other statutes (Parts 14–17) increasing interpretive complexity."],"plain_english_summary":"**What this Bill does, in plain English**\n\n- It replaces several older laws and creates a single, detailed regulatory framework for assisted reproductive technology (ART) and surrogacy in Western Australia. Key themes are licensing of clinics and services, mandatory record‑keeping and registers, rules on consent and storage of reproductive material and embryos, restrictions on commercial trading and cloning, a statutory advisory and decision‑making Board, and a Family Court pathway for transferring parentage after surrogacy. (See: Parts 2, 4, 5, 6, 7, 10.)\n\n- It makes almost all providers of ART services operate under a licence (s. 19) that specifies premises and services (s. 18). Licence holders must meet accreditation, insurance and quality requirements (s. 156, s. 175(4)), collect and supply data to government registers (ss. 35–41, 96–100), and keep secure identifiable records about donors, recipients and children born from ART (ss. 36, 39). The CEO of the Department enforces licensing, may suspend or cancel licences, and can investigate and enter premises (Part 7; Parts 8–9). \n\n- The Bill defines what counts as an ART procedure (s. 8) and restricts who may perform or supervise procedures (ss. 23–24). A medical practitioner must certify that an ART procedure is appropriate for a person before it proceeds (s. 25). Children under 18 are largely excluded from procedures except limited fertility preservation (ss. 21(2), 26).\n\n- It sets out detailed consent rules for collection, use, storage and withdrawal of consent in relation to reproductive material and embryos (ss. 50–60). Donors can attach conditions and may revoke donations before use (s. 47). There are mandatory counselling and identity‑verification steps before consent (ss. 51–52).\n\n- The Bill introduces a “5 family worldwide limit” principle that seeks to limit the number of unrelated families linked to a single donor to five (s. 17). Licensees must not use or import/export material if doing so would likely breach that limit unless the Board approves an exception (ss. 27, 90). The Bill authorises limited cross‑licensee data disclosure for due diligence to determine compliance with the limit (s. 28).\n\n- It criminalises commercial trading in reproductive material and embryos (s. 92), cloning (s. 94), and inducement or recruitment for surrogacy for reward (s. 111; s. 149). Reasonable surrogacy expenses are allowed (ss. 106–107) and non‑reward surrogacy arrangements must meet formal requirements (s. 108). Parentage orders to transfer legal parenthood to intended parents are governed by Family Court procedures (ss. 116–124) with associated privacy and disclosure controls (ss. 141–145).\n\n- The Bill creates two central registers maintained by the CEO: a register of identity for people born after ART (s. 96) and a register of ART procedures for surveillance and research (s. 99). Access rules balance rights of donor‑conceived people, donors and parents with confidentiality protections (ss. 97–100; ss. 41–44). The registers also support research and policy monitoring (s. 99(2)).\n\n- The Assisted Reproductive Technology Advisory and Review Board (the Board) is established (ss. 232–235). The Board advises the Minister and CEO, can grant specific approvals (for example to exceed the 5‑family limit or approve posthumous use of a deceased person’s material) and considers applications referenced throughout the Bill (Part 10; ss. 83–85). The CEO and Board have significant discretionary powers over licences and approvals (Parts 7 and 10).\n\n- The Bill sets out enforcement, investigation and inspection powers for authorised officers (Part 8), compliance notices (s. 224), criminal and civil penalties for a wide range of contraventions (multiple sections throughout Part 4, Part 6 and Part 7), and transitional and consequential amendments to many other Acts (Parts 14–17).\n\n**Who this affects**\n\n- Providers: Clinics, hospitals and individual practitioners who perform ART services must be licensed and will face new obligations on record‑keeping, reporting, accreditation and inspections (s. 19; Parts 7, 8). Non‑compliance risks heavy fines, licence suspension/cancellation and criminal liability (e.g. ss. 24–26, 92). \n\n- Patients and intended parents: People seeking ART and surrogacy must follow consent and counselling steps; medical certification of appropriateness is required before treatment (ss. 21, 25, 50–51). Donor conception and posthumous use are tightly regulated (ss. 72–85). Access to information about genetic origins is regulated and partly deferred until the child reaches age thresholds (ss. 43, 96–98). \n\n- Donors and surrogates: Donors retain certain conditional rights (s. 47) and can revoke donations up to specified points; surrogates must be informed and receive counselling and independent legal advice before entering arrangements (ss. 108–109). The Bill prohibits surrogacy for reward but allows reimbursement of specified expenses (ss. 106–107, 111). \n\n- Regulators and courts: The CEO, the Board, authorised officers, the Family Court and the Registrar of Births, Deaths and Marriages gain defined roles for licensing decisions, approvals, enforcement, entry and parentage registration (Parts 5, 7, 8, 10, 15). \n\n**Why it matters — stated purposes and practical trade‑offs**\n\nStated purposes: The Bill’s objects include ensuring ART services follow best practice through licensing and records, protecting wellbeing and informed consent, regulating surrogacy (including preventing commercialisation), supporting research, and creating the Board for governance and advice (s. 4). Those aims are implemented through the mechanical levers described above.\n\nCosts, incentives and trade‑offs to note (with section references):\n\n- Compliance and operational costs: Clinics will bear licensing, accreditation and record‑keeping costs (ss. 154–156, 171, 35–39). Those costs can raise the price of services, favor larger providers able to spread overheads, and raise barriers to new entrants (Part 7). \n\n- Enforcement discretion and regulatory risk: The CEO and Board have wide discretionary powers to grant, condition, suspend or cancel licences and to grant exceptions (ss. 156–176, 177–187, 176). That concentrates decision‑making in administrative hands and increases regulatory uncertainty for providers. Appeals are available but add time and cost (ss. 190–194; Part 10 Division 9). \n\n- Data collection vs privacy: Mandatory registers and reporting support surveillance, research and donor‑linkage (ss. 39, 96–100) but create ongoing data‑management obligations and privacy risk. Access rights balance donor‑conceived persons’ information claims against confidentiality (ss. 41–44; ss. 97–100). The Bill cross‑links to privacy law (Part 15 amendments and s. 267 confidentiality rules). \n\n- Supply constraints and unintended substitution: Criminalising commercial trading in reproductive material (s. 92) and restricting surrogacy for reward (s. 111) reduces market incentives for supply. That may decrease availability of donor material domestically and increase cross‑border seeking of reproductive services unless managed through the import/export rules (ss. 86–91, 90). Exemptions and Board approvals create a formal pathway for exceptions but are discretionary (ss. 29, 83, 89). \n\n- Limits on donor reach: The 5‑family worldwide limit (s. 17; ss. 27, 90) constrains donor utilisation. It reduces concentrated genetic relatedness but increases demand for donors and administrative checking across providers and jurisdictions (s. 28 permits cross‑licensee queries). \n\n- Posthumous use: Detailed rules on posthumous collection and use of reproductive material (ss. 72–85; Human Tissue Act amendments in Part 16) create a permit and Board approval pathway that balances deceased persons’ consent with surviving partners’ interests; it also adds procedural delays and governance checks. \n\n- Surrogacy pathway and Family Court role: The Bill transfers legal parentage via Family Court orders under defined criteria, with the child’s best interests paramount (ss. 116–124). This replaces private enforcement of surrogacy contracts with judicial oversight, limiting contract enforcement except for reimbursement obligations (s. 110). \n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: licensees (clinics, service providers) pay licensing fees and compliance costs (s. 154, s. 171) and face fines for breaches (multiple sections). Patients and intended parents may face higher service prices. The State bears administrative costs for registers, investigations and the Board. \n\n- Who decides: the CEO (Department) makes licensing and enforcement decisions (Part 7), authorised officers investigate and enter premises (Part 8), the Board advises and grants certain approvals (Part 10), and the Family Court decides parentage orders (Part 6). Ministers retain policy oversight (s. 238). \n\n- Behaviour changes the Bill induces: providers must formalise governance and record‑keeping; clinicians must secure medical certification before procedures; donors and intended parents must follow specified consent and counselling steps; clinics will limit donor use to comply with the 5‑family limit or seek Board approval; commercial sale of material and paid surrogacy will be curtailed; registrar and court processes will govern parentage instead of private enforcement of agreements.\n\n**Implementation risks and administrative burdens**\n\n- High administrative and compliance burden for clinics (licensing, reporting, storage standards, incident reporting) with significant penalties (Part 7; ss. 35–41; ss. 196–204). \n\n- Potential for uneven decision‑making because of broad CEO and Board discretions (ss. 156–176; ss. 83–85) unless clear guidance, standardised criteria and transparent statements of reasons (required in notices) are robustly applied. \n\n- Cross‑jurisdiction issues for donors and overseas surrogacy require careful coordination (ss. 16(2), 86–91) and may increase demand for importation or travel for ART if domestic constraints bind. \n\n**Concrete references to key provisions**\n\n- Licensing requirement and penalty: s. 19 (fine $50,000). \n- Consent, counselling and identity verification: ss. 50–53. \n- Registers and access: ss. 96–100; ss. 36–39. \n- 5 family worldwide limit: s. 17; prohibitions and Board exception process: s. 27. \n- Prohibition on commercial trading: s. 92. \n- Surrogacy validity, reimbursement and parentage orders: ss. 108–111; ss. 116–124. \n- CEO enforcement powers and compliance notices: ss. 224–225. \n- Board establishment and functions: ss. 232–235; and specific approvals such as posthumous use: s. 83. \n\nSummary conclusion (mechanical, not normative): The Bill consolidates ART and surrogacy law into a comprehensive regulatory regime that increases licensing, data collection and administrative oversight; curtails commercial and market activity in reproductive materials and paid surrogacy; and routes parentage changes through the Family Court with a statutory Board and CEO administering approvals, exceptions and enforcement. The trade‑offs are clearer governance and surveillance against higher compliance costs, administrative discretion, potential service concentration and cross‑border substitution effects (see cited sections above)."}},"importantCases":[],"_links":{"self":"/api/acts/assisted-reproductive-technology-and-surrogacy-bill-2025","history":"/api/acts/assisted-reproductive-technology-and-surrogacy-bill-2025/history","analysis":"/api/acts/assisted-reproductive-technology-and-surrogacy-bill-2025/analysis","conflicts":"/api/acts/assisted-reproductive-technology-and-surrogacy-bill-2025/conflicts","importantCases":"/api/acts/assisted-reproductive-technology-and-surrogacy-bill-2025/important-cases","documents":"/api/acts/assisted-reproductive-technology-and-surrogacy-bill-2025/documents"}}