{"id":"prohibition-of-human-cloning-for-reproduction-act-2003","name":"Prohibition of Human Cloning for Reproduction Act 2003","slug":"prohibition-of-human-cloning-for-reproduction-act-2003","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106396,"registerId":"sa-prohibition-of-human-cloning-for-reproduction-act-2003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prohibition of Human Cloning for Reproduction Act 2003","content":"South Australia\nProhibition of Human Cloning for Reproduction Act 2003\nAn Act to prohibit human cloning for reproduction and other unacceptable practices associated with reproductive technology and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tNationally consistent scheme\nPart 2—Prohibited practices\nDivision 1—Practices that are completely prohibited\n5\tOffence—placing a human embryo clone in the human body or the body of an animal\n6\tNo defence that human embryo clone could not survive\n7\tOffence—creating a human embryo for a purpose other than achieving pregnancy in a woman\n8\tOffence—creating or developing a human embryo by fertilisation that contains genetic material provided by more than 2 persons\n9\tOffence—developing a human embryo outside the body of a woman for more than 14 days\n10\tOffence—heritable alterations to genome\n11\tOffence—collecting a viable human embryo from the body of a woman\n12\tOffence—creating a chimeric embryo\n13\tOffence—developing a hybrid embryo\n14\tOffence—placing of an embryo\n15\tOffence—importing, exporting or placing a prohibited embryo\n16\tOffence—commercial trading in human eggs, human sperm or human embryos\nDivision 2—Practices that are prohibited unless authorised by a licence\n17\tOffence—creating a human embryo other than by fertilisation, or developing such an embryo\n18\tOffence—creating or developing a human embryo containing genetic material provided by more than 2 persons\n19\tOffence—using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such an embryo\n19A\tOffence—creating a hybrid embryo\nPart 3—Inspectors\n20\tPowers of inspectors\n21\tAnnouncement before entry\n22\tInspector must produce identity card on request\n23\tCompensation for damage\n24\tReturn of seized things\n25\tRelated matters\nPart 4—Miscellaneous\n26\tCommonwealth/State arrangements\n27\tDelegations\n28\tFalse or misleading information\n30\tEvidential burden in relation to exceptions etc\n31\tRegulations\nSchedule—Transitional provision\n1\tTransitional provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Prohibition of Human Cloning for Reproduction Act 2003.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccredited ART centre means a person or body accredited to carry out assisted reproductive technology by—\n\t(a)\tthe Reproductive Technology Accreditation Committee of the Fertility Society of Australia; or\n\t(b)\tif the regulations prescribe another body or other bodies in addition to, or instead of, the body mentioned in paragraph (a)—that other body or any of those other bodies, as the case requires;\nanimal does not include a human;\nchimeric embryo means—\n\t(a)\ta human embryo into which a cell, or any component part of a cell, of an animal has been introduced; or\n\t(b)\ta thing declared by the regulations to be a chimeric embryo;\nCommonwealth authority means—\n\t(a)\ta body corporate established for a public purpose by or under an Act of the Commonwealth; or\n\t(b)\ta company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n\t(i)\tthe Commonwealth;\n\t(ii)\ta body covered by paragraph (a);\n\t(iii)\ta body covered by either of the above subparagraphs;\nexcess ART embryo means a human embryo that—\n\t(a)\twas created, by assisted reproductive technology, for use in the assisted reproductive treatment of a woman; and\n\t(b)\tis excess to the needs of—\n\t(i)\tthe woman for whom it was created; and\n\t(ii)\ther spouse (if any) at the time the embryo was created;\nhuman embryo means a discrete entity that has arisen from either—\n\t(a)\tthe first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or\n\t(b)\tany other process that initiates organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears,\nand has not yet reached  8 weeks of development since the first mitotic division;\nhuman embryo clone means a human embryo that is a genetic copy of another living or dead human, but does not include a human embryo created by the fertilisation of a human egg by human sperm;\nhuman reproductive material means—\n\t(a)\ta human embryo; or\n\t(b)\thuman sperm; or\n\t(c)\ta human egg; or\n\t(d)\ta thing declared by the regulations to be human reproductive material;\nhuman sperm includes human spermatids;\nhybrid embryo means—\n\t(a)\tan embryo created by the fertilisation of a human egg by animal sperm; or\n\t(b)\tan embryo created by the fertilisation of an animal egg by human sperm; or\n\t(c)\ta human egg into which the nucleus of an animal cell has been introduced; or\n\t(d)\tan animal egg into which the nucleus of a human cell has been introduced; or\n\t(e)\ta thing declared by the regulations to be a hybrid embryo;\ninspector means a person appointed as an inspector under a related Commonwealth Act;\nlicence means a licence under Part 2 Division 3 of the Research Involving Human Embryos Act 2003;\nprecursor cell means a cell that has the potential to develop into a human egg or human sperm;\nrecord means a record of any kind, including a disk, tape or other article from which information is capable of being reproduced (with or without the aid of another article or device);\nrelated Commonwealth Act means—\n\t(a)\tthe Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth; or\n\t(b)\tthe Research Involving Human Embryos Act 2002 of the Commonwealth;\nSouth Australian clinical practice licence means a licence to carry out artificial fertilisation procedures issued under Part 3 of the Reproductive Technology (Clinical Practices) Act 1988;\nspouse, in relation to a person, includes a person who, although not legally married to the person, is living with the person as the person's spouse on a bona fide domestic basis;\nState includes the Australian Capital Territory and the Northern Territory;\nwoman means a female human.\n\t(2)\tFor the purposes of establishing that a human embryo clone is a genetic copy of a living or dead human—\n\t(a)\tit is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and\n\t(b)\tit is not necessary to establish that the copy is an identical genetic copy.\n\t(3)\tFor the purposes of the definition of human embryo in subsection (1), in working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded.\n\t(4)\tFor the purposes of the definition of human embryo clone in subsection (1), a human embryo that results from the technological process known as embryo splitting is taken not to be created by a process of fertilisation of a human egg by human sperm.\n\t(5)\tFor the purposes of paragraph (b) of the definition of excess ART embryo in subsection (1), a human embryo is excess to the needs of the persons mentioned in that paragraph at a particular time if—\n\t(a)\teach such person has given written authority for use of the embryo for a purpose other than a purpose relating to the assisted reproductive technology treatment of the woman concerned, and the authority is in force at that time; or\n\t(b)\teach such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time.\n\t(6)\tA reference in this Act to an embryo (including a human embryo) is a reference to a living embryo.\n\t(7)\tA reference in this Act to a human egg is a reference to a human oocyte.\n\t(8)\tA reference in this Act to a human embryo does not include a reference to—\n\t(a)\ta hybrid embryo; or\n\t(b)\ta human embryonic stem cell line.\n4—Nationally consistent scheme\nIt is intended that the principal objects of this Act be achieved through a regulatory framework and a range of offences that operate in conjunction with, and in a manner that is consistent with, corresponding Commonwealth and State laws.\nPart 2—Prohibited practices\nDivision 1—Practices that are completely prohibited\n5—Offence—placing a human embryo clone in the human body or the body of an animal\nA person commits an offence if the person intentionally places a human embryo clone in the body of a human or the body of an animal.\nMaximum penalty: Imprisonment for 15 years.\nNote—\nThe development of a human embryo (including a human embryo clone) outside the body of a woman for more than 14 days is prohibited by section 9.\n6—No defence that human embryo clone could not survive\nIt is not a defence to an offence under section 5 that the human embryo clone did not survive or could not have survived.\n7—Offence—creating a human embryo for a purpose other than achieving pregnancy in a woman\n\t(1)\tA person commits an offence if the person intentionally creates a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman, unless the person’s intention in creating the embryo is to attempt to achieve pregnancy in a particular woman.\nMaximum penalty: Imprisonment for 15 years.\n\t(2)\tDespite section 30, a defendant does not bear an evidential burden in relation to any matter in subsection (1).\n8—Offence—creating or developing a human embryo by fertilisation that contains genetic material provided by more than 2 persons\nA person commits an offence if—\n\t(a)\tthe person intentionally creates or develops a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman; and\n\t(b)\tthe human embryo contains genetic material provided by more than 2 persons.\nMaximum penalty: Imprisonment for 15 years.\n9—Offence—developing a human embryo outside the body of a woman for more than 14 days\nA person commits an offence if the person intentionally develops a human embryo outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended.\nMaximum penalty: Imprisonment for 15 years.\n10—Offence—heritable alterations to genome\n\t(1)\tA person commits an offence if—\n\t(a)\tthe person alters the genome of a human cell in such a way that the alteration is heritable by descendants of the human whose cell was altered; and\n\t(b)\tin altering the genome, the person intended the alteration to be heritable by descendants of the human whose cell was altered.\nMaximum penalty: Imprisonment for 15 years.\n\t(2)\tIn this section—\nhuman cell includes a human embryonal cell, a human fetal cell, human sperm or a human egg.\n11—Offence—collecting a viable human embryo from the body of a woman\nA person commits an offence if the person removes a human embryo from the body of a woman, intending to collect a viable human embryo.\nMaximum penalty: Imprisonment for 15 years.\n12—Offence—creating a chimeric embryo\nA person commits an offence if the person intentionally creates a chimeric embryo.\nMaximum penalty: Imprisonment for 15 years.\n13—Offence—developing a hybrid embryo\nA person commits an offence if the person intentionally develops a hybrid embryo that has undergone the first mitotic division.\nMaximum penalty: Imprisonment for 15 years.\n14—Offence—placing of an embryo\n\t(1)\tA person commits an offence if the person intentionally places a human embryo in an animal.\nMaximum penalty: Imprisonment for 15 years.\n\t(2)\tA person commits an offence if the person intentionally places a human embryo in the body of a human, other than in a woman’s reproductive tract.\nMaximum penalty: Imprisonment for 15 years.\n\t(3)\tA person commits an offence if the person intentionally places an animal embryo in the body of a human for any period of gestation.\nMaximum penalty: Imprisonment for 15 years.\n15—Offence—importing, exporting or placing a prohibited embryo\n\t(1)\tA person commits an offence if the person intentionally imports an embryo into South Australia knowing that, or reckless as to whether, the embryo is a prohibited embryo.\nMaximum penalty: Imprisonment for 15 years.\n\t(2)\tA person commits an offence if the person intentionally exports an embryo from South Australia knowing that, or reckless as to whether, the embryo is a prohibited embryo.\nMaximum penalty: Imprisonment for 15 years.\n\t(3)\tA person commits an offence if the person intentionally places an embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo.\nMaximum penalty: Imprisonment for 15 years.\n\t(4)\tIn this section—\nprohibited embryo means—\n\t(a)\ta human embryo created by a process other than the fertilisation of a human egg by human sperm; or\n\t(b)\ta human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or\n\t(c)\ta human embryo that contains genetic material provided by more than 2 persons; or\n\t(d)\ta human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended; or\n\t(e)\ta human embryo created using precursor cells taken from a human embryo or a human fetus; or\n\t(f)\ta human embryo that contains a human cell (within the meaning of section 10) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or\n\t(g)\ta human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or\n\t(h)\ta chimeric embryo or a hybrid embryo.\n16—Offence—commercial trading in human eggs, human sperm or human embryos\n\t(1)\tA person commits an offence if the person intentionally gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo.\nMaximum penalty: Imprisonment for 15 years.\n\t(2)\tA person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo.\nMaximum penalty: Imprisonment for 15 years.\n\t(3)\tIn this section—\nreasonable expenses—\n\t(a)\tin relation to the supply of a human egg or human sperm—includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and\n\t(b)\tin relation to the supply of a human embryo—\n\t(i)\tdoes not include any expenses incurred by a person before the time when the embryo became an excess ART embryo; and\n\t(ii)\tincludes, but is not limited to, expenses relating to the storage or transport of the embryo;\nvaluable consideration, in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.\nDivision 2—Practices that are prohibited unless authorised by a licence\n17—Offence—creating a human embryo other than by fertilisation, or developing such an embryo\nA person commits an offence if—\n\t(a)\tthe person intentionally creates a human embryo by a process other than the fertilisation of a human egg by a human sperm, or develops a human embryo so created; and\n\t(b)\tthe creation or development of the human embryo by the person is not authorised by a licence.\nMaximum penalty: Imprisonment for 10 years.\nNotes—\n1\tThe development of a human embryo outside the body of a woman for more than 14 days is prohibited by section 9.\n2\tThe placement in the body of a woman of a human embryo clone, or any other human embryo created other than by the fertilisation of a human egg by a human sperm, is prohibited by sections 5 and 15.\n18—Offence—creating or developing a human embryo containing genetic material provided by more than 2 persons\nA person commits an offence if—\n\t(a)\tthe person intentionally creates or develops a human embryo by a process other than the fertilisation of a human egg by a human sperm; and\n\t(b)\tthe human embryo contains genetic material provided by more than 2 persons; and\n\t(c)\tthe creation or development of the human embryo by the person is not authorised by a licence.\nMaximum penalty: Imprisonment for 10 years.\nNotes—\n1\tThe development of a human embryo outside the body of a woman for more than 14 days is prohibited by section 9.\n2\tThe placement in the body of a woman of a human embryo clone, or any other human embryo created other than by the fertilisation of a human egg by a human sperm, is prohibited by section 15.\n19—Offence—using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such an embryo\nA person commits an offence if—\n\t(a)\tthe person uses precursor cells taken from a human embryo or a human fetus, intending to create a human embryo, or intentionally develops an embryo so created; and\n\t(b)\tthe person engages in activities mentioned in paragraph (a) without being authorised by a licence, and the person knows or is reckless as to that fact.\nMaximum penalty: Imprisonment for 10 years.\n19A—Offence—creating a hybrid embryo\n\t(1)\tA person commits an offence if the person intentionally creates a hybrid embryo.\nMaximum penalty: Imprisonment for 10 years.\n\t(2)\tA person commits an offence if the person intentionally develops a hybrid embryo.\nMaximum penalty: Imprisonment for 10 years.\n\t(3)\tA person does not commit an offence against subsection (1) or (2) if the creation or development of the hybrid embryo by the person is authorised by a licence.\nNote—\nA licence to create or develop a hybrid embryo can only be issued under Part 2 Division 3 of the Research Involving Human Embryos Act 2003—\n\t(a)\tfor the purposes of testing sperm quality in an accredited ART centre—up to, but not including, the first mitotic division; or\n\t(b)\tin the case of a hybrid embryo created by introducing the nucleus of a human cell into an animal egg—for not longer than 14 days.\nPart 3—Inspectors\n20—Powers of inspectors\n\t(1)\tAn inspector may, for any purpose connected with the administration, operation or enforcement of this Act—\n\t(a)\tenter any premises; and\n\t(b)\tsearch the premises and anything on the premises; and\n\t(c)\tinspect, examine, take measurements of, conduct tests on, or take samples of, any human reproductive or other material, or thing, at the premises; and\n\t(d)\ttake photographs, films, audio, video or other recordings, and make sketches; and\n\t(e)\tinspect any book, record or document and, if necessary, require a person to produce any book, record or document for inspection; and\n\t(f)\ttake extracts from or make copies of any book, record or document; and\n\t(g)\toperate any equipment at the premises, or require a person to operate any equipment at the premises; and\n\t(h)\ttake onto the premises any equipment or materials; and\n\t(i)\tsecure any equipment or material or other thing and require that it not be operated, moved, altered or used in any way until further order of an inspector or magistrate; and\n\t(j)\trequire a person to answer questions; and\n\t(k)\tgive directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act.\n\t(2)\tAn inspector may, in exercising powers under this section—\n\t(a)\tbe accompanied by such police officers or other persons as the inspector thinks fit; and\n\t(b)\ttake onto premises such equipment or materials as the inspector reasonably requires.\n\t(3)\tWithout limiting subsection (1), an inspector may operate equipment at premises to see whether—\n\t(a)\tthe equipment; or\n\t(b)\ta disk, tape or other storage device that—\n\t(i)\tis at the premises; and\n\t(ii)\tcan be used with the equipment or is associated with it,\ncontains information or material that is relevant to determining whether there has been compliance with this Act or the regulations.\n\t(4)\tWithout limiting subsection (1) or (3), if an inspector, after operating equipment at the premises, finds that the equipment, or that a tape, disk or other storage device at the premises, contains information mentioned in subsection (3), the inspector may—\n\t(a)\toperate equipment or facilities at the premises to put the information in documentary form and copy the document so produced; or\n\t(b)\tif the information can be transferred to a tape, disk or other storage device that—\n\t(i)\tis brought to the premises; or\n\t(ii)\tis at the premises,\noperate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.\n\t(5)\tWithout limiting subsection (1), if an inspector, during a search of premises, believes on reasonable grounds that there is at the premises a human embryo or other material or thing that may afford evidence of the commission of an offence against this Act, the inspector may—\n\t(a)\tsecure the embryo, material or other thing, pending the obtaining of a warrant to seize it; and\n\t(b)\tseize it under the authority of a warrant to seize it obtained from a magistrate.\n\t(6)\tAn inspector is not authorised to enter premises under this section unless—\n\t(a)\tthe occupier of the premises has consented to the entry; or\n\t(b)\tthe occupier of the premises is carrying out activities covered by a licence under this Act, and the entry is at a reasonable time; or\n\t(c)\tthe entry is made under the authority of a warrant issued by a magistrate; or\n\t(d)\tthe inspector has reasonable grounds to believe that the circumstances require immediate entry.\n\t(7)\tAn application for a warrant under this section—\n\t(a)\tmay be made either personally or by telephone;\n\t(b)\tmust be made in accordance with the procedures prescribed by the regulations.\n\t(8)\tAn inspector may use such force as is reasonably necessary to enter premises under subsection (6)(b), (c) or (d).\n\t(9)\tA magistrate may, on application by a person who has an interest in any equipment, material or other thing secured under subsection (1)(i), grant an order releasing the equipment, material or thing from the requirement under that paragraph.\n21—Announcement before entry\n\t(1)\tAn inspector must, before entering premises without the consent of the occupier of the premises—\n\t(a)\tannounce that he or she is authorised to enter the premises; and\n\t(b)\tgive any person at the premises an opportunity to allow entry to the premises.\n\t(2)\tAn inspector is not required to comply with subsection (1) if the inspector has reasonable grounds to believe that immediate entry to the premises is required to ensure the effective exercise of powers under this Part.\n22—Inspector must produce identity card on request\n\t(1)\tAn inspector is not entitled to exercise any powers under this Part in relation to premises if—\n\t(a)\tthe occupier of the premises has required the inspector to produce an identity card for inspection by the occupier; and\n\t(b)\tthe inspector fails to comply with the requirement.\n\t(2)\tIn this section—\nidentity card means an identity card issued under a related Commonwealth Act.\n23—Compensation for damage\n\t(1)\tThe owner of equipment or other facilities is entitled to compensation for damage to the equipment or other facilities if—\n\t(a)\tthe damage was caused to the equipment or other facilities as a result of it being operated by an inspector as mentioned in this Part; and\n\t(b)\tthe damage was caused as a result of insufficient care being exercised by an inspector operating the equipment or other facilities.\n\t(2)\tCompensation is payable in accordance with the regulations.\n\t(3)\tIn determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment or other facilities that was appropriate in the circumstances.\n24—Return of seized things\n\t(1)\tSubject to this section, if an inspector seizes any material or thing under this Part, the inspector must take reasonable steps to return it if or when the reason for its seizure no longer exists or it is decided that it is not to be used in evidence (unless the material or thing is forfeited or forfeitable to the State of South Australia under another Act or law).\n\t(2)\tAn inspector is not required to return any material or thing under subsection (1) if—\n\t(a)\tthe material or thing has deteriorated to the extent that it no longer has any useful purpose or any real value; or\n\t(b)\tan inspector is otherwise authorised (by a law, or an order of a court, of the State of South Australia or the Commonwealth) to retain, destroy or dispose of the material or thing.\n\t(3)\tThe material or thing may be returned under subsection (1) either unconditionally or on such terms and conditions as the Minister thinks fit.\n\t(4)\tAn inspector may make application to the Magistrates Court for an order for the purposes of subsection (2)(b) and a magistrate may, on such an application, if satisfied that it is appropriate to do so, make an order authorising an inspector to retain, destroy or dispose of any material or thing.\n\t(5)\tBefore making an application under subsection (4), the inspector must—\n\t(a)\ttake reasonable steps to discover who has an interest in the retention of the material or thing; and\n\t(b)\tif it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.\n\t(6)\tDespite a preceding subsection, if human reproductive material has been seized and an inspector is asked to return the material because it is intended to be used at an accredited ART centre under a South Australian clinical practice licence for the purposes of achieving pregnancy in a woman, the inspector must give due consideration to the request (and seek to resolve the matter) as expeditiously as possible.\n25—Related matters\n\t(1)\tSubject to subsection (2), a person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an inspector, or a person assisting an inspector, in the exercise of powers under this Part; or\n\t(b)\tuses abusive, threatening or insulting language to an inspector, or a person assisting an inspector; or\n\t(c)\twithout reasonable excuse, fails to obey a requirement or direction of an inspector under this Part; or\n\t(d)\twithout reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an inspector; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an inspector,\nis guilty of an offence.\nMaximum penalty: $5 000.\n\t(2)\tA person is not obliged to answer a question if to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(3)\tAn inspector, or a person assisting an inspector, who, in the course of exercising powers under this Part—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens force in relation to any other person,\nis guilty of an offence.\nMaximum penalty: $5 000.\nPart 4—Miscellaneous\n26—Commonwealth/State arrangements\n\t(1)\tThe validity of any thing done for the purposes of this Act is not affected only because it was issued or done also for the purposes of a related Commonwealth Act.\n\t(2)\tThe Chairperson of the NHMRC Licensing Committee may, after consultation with the Minister, appoint as an inspector under a related Commonwealth Act a person who is appointed or employed by the State.\n\t(3)\tIf—\n\t(a)\tan act or omission is an offence against this Act and is also an offence against a related Commonwealth Act; and\n\t(b)\tthe offender has been punished for the offence under the related Commonwealth Act,\nthe offender is not liable to be punished for the offence under this Act.\n\t(4)\tThis Act does not purport to confer a function or power, or to impose a duty, on—\n\t(a)\ta Commonwealth authority; or\n\t(b)\tan officer of the Commonwealth or a Commonwealth authority,\nto the extent to which the conferral of the function or power, or the imposition of the duty, would be beyond the legislative power of the Parliament of the State.\n\t(5)\tSubsection (4) does not limit the operation of section 22A of the Acts Interpretation Act 1915.\n\t(6)\tIn this section—\nNHMRC Licensing Committee means the Committee established by section 13 of the Research Involving Human Embryos Act 2002 of the Commonwealth.\n27—Delegations\n\t(1)\tThe Minister may, by instrument in writing, delegate any of the Minister's functions or powers under this Act or the regulations to any of the following:\n\t(a)\ta person who is appointed or employed by the State;\n\t(b)\tan officer of the Commonwealth or a Commonwealth authority.\n\t(2)\tA delegation under this section may be made to—\n\t(a)\ta specified person; or\n\t(b)\ta person holding or acting in a specified position.\n\t(3)\tIn performing functions or exercising powers under a delegation, the delegate must comply with any directions of the Minister.\n\t(4)\tA delegation is revocable at will and does not derogate from the power of the Minister.\n28—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: $5 000.\n30—Evidential burden in relation to exceptions etc\n\t(1)\tSubject to this Act, this section applies with respect to proceedings for an offence against this Act.\n\t(2)\tA defendant in proceedings who wishes to rely on any exception, exemption, excuse, qualification or justification under this Act bears an evidential burden in relation to that matter.\n\t(3)\tThe exception, exemption, excuse, qualification or justification need not accompany the description of the offence.\n\t(4)\tThe defendant no longer bears the evidential burden in relation to a matter if evidence sufficient to discharge the burden is adduced by the prosecution or by the court.\n\t(5)\tThe question whether an evidential burden has been discharged is one of law.\n\t(6)\tIn this section—\nevidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n31—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprohibit or restrict the undertaking of a specified activity, or an activity of a specified class, relating to the use of any human reproductive material; and\n\t(b)\tregulate any procedure associated with the use of any human reproductive material, including by providing that a person undertaking a specified activity, or an activity of a specified class, relating to the use of any human reproductive material must comply with any prescribed requirement or condition; and\n\t(c)\trequire the keeping of records, statistics and other information by any person or body who undertakes any activity that relates to the use of any human reproductive material and the provision of reports based on that information to the Minister or any other prescribed person or body; and\n\t(d)\trequire the provision of any other report, or any statement, document or other form of information, to the Minister or any other prescribed person or body; and\n\t(e)\tprescribe fines not exceeding $10 000 for contravention of a regulation.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application; and\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other person or body prescribed by the regulations; and\n\t(d)\tmay apply or incorporate, wholly or partially and with or without modification, a code, standard or policy (as in force at the date of the particular regulations, or as in force from time to time) prepared or published by the Minister or any other person or body prescribed by the regulations.\n\t(4)\tA regulation made pursuant to subsection (2)(a) or (b) cannot take effect unless and until it has been laid before both Houses of Parliament and—\n\t(a)\tno motion for disallowance is moved within the time for such a motion; or\n\t(b)\tevery motion for disallowance of the regulation has been defeated or withdrawn, or has lapsed.\nSchedule—Transitional provision\n1—Transitional provision\nSection 31(4) does not apply with respect to a regulation made on or before the commencement of this Act that is expressed to come into operation on the day on which this Act comes into operation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nProhibition of Human Cloning Act 2003\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2003\n17\nProhibition of Human Cloning Act 2003\n19.6.2003\n18.12.2003 (Gazette 18.12.2003 p4526)\n2009\n11\nStatutes Amendment (Prohibition of Human Cloning for Reproduction and Regulation of Research Involving Human Embryos) Act 2009\n2.4.2009\nPt 2 (ss 4—7)—7.5.2009 (Gazette 7.5.2009 p1702)\n2011\n36\nStatutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 15 (s 20)—1.1.2012 (Gazette 15.12.2011 p4988)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 11/2009 s 4\n7.5.2009\nPt 1\n\n\ns 1\namended by 11/2009 s 5\n7.5.2009\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ns 3(1)\n\n\nhuman embryo\nsubstituted by 11/2009 s 6(1)\n7.5.2009\nlicence\ninserted by 11/2009 s 6(2)\n7.5.2009\nrelated Commonwealth Act\namended by 11/2009 s 6(3)\n7.5.2009\ns 3(6)—(8)\ninserted by 11/2009 s 6(4)\n7.5.2009\nPt 2\nsubstituted by 11/2009 s 7\n7.5.2009\nPt 4\n\n\ns 29\ndeleted by 36/2011 s 20\n1.1.2012\nHistorical versions\n7.5.2009\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the legislation changed from its original intent, as no legislative text was successfully retrieved. The document provided contains only a website error message from the South Australian legislation portal, not the text of the Act itself."},"complexity_factors":["No actual legislative text was provided — only a website error page was returned, making substantive analysis impossible","The Act title alone suggests technical subject matter (biotechnology, reproductive science) that would normally score higher in complexity","Without access to the provisions, penalties, definitions, or regulatory scheme, no meaningful complexity assessment of the legislation itself can be made","The score of 2 reflects the simplicity of what was actually analysable (a 404 error page), not the underlying Act"],"plain_english_summary":"The Prohibition of Human Cloning for Reproduction Act 2003 bans creating a human being by cloning (e.g., somatic cell nuclear transfer), aligning with an equivalent Commonwealth law that prohibits reproductive cloning while allowing tightly regulated research cloning under licence. It primarily affects scientists, medical researchers, IVF clinics and other assisted‑reproduction practitioners; breaches carry serious criminal penalties, making it a key law at the intersection of bioethics, medical research and criminal regulation."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Amendments since enactment modified definitional scope and linked the State regime to Commonwealth licensing. The 2009 changes replaced Part 2 and revised the definition of \"human embryo\", introduced the explicit licence cross‑reference to the Research Involving Human Embryos Act, and clarified which activities are absolute offences versus licence‑authorised (see s3 definition changes; s17–19A licence regime; s4 on national consistency). These alterations narrowed some criminal exposure by creating licenced pathways while expanding regulatory detail and enforcement mechanisms (see s31, ss20–21)."},"complexity_factors":["Technical biological definitions and thresholds (e.g. definition of \"human embryo\", \"human embryo clone\", exclusions for stem cell lines) create interpretive complexity (s3).","Layering with Commonwealth law and licensing regime requires cross‑statute coordination and reciprocal enforcement (s4, s26; related Commonwealth Acts).","Two-tier prohibition scheme: absolute criminal prohibitions (high penalties) for some practices and licence‑based exceptions for others, producing fine-line compliance questions (Part 2 Divisions 1 & 2: ss5–19A).","Broad, overlapping offence definitions that reference intent, knowledge and recklessness increase mens rea complexity and prosecution/defence strategies (ss5, 7, 15, 19).","Inspectors' extensive entry, search, seizure and copying powers, including limited warrantless entry exceptions, raise operational and legal-safeguard issues (ss20–21).","Regulatory and ministerial discretion to prescribe activities, codes, record‑keeping and penalties centralises choice and creates variable compliance obligations (s31).","Evidential rules shift burdens in limited ways (defendant bears evidential burden for exceptions; exception in s7(2)), affecting trial procedure and proof strategies (s30, s7(2)).","High criminal penalties (up to 15 years) across many overlapping offences intensify stakes for regulated entities and individuals (multiple offence provisions).","Transitional and amendment history indicates substantive scope changes over time, increasing statutory complexity for legacy cases and compliance (Schedule; legislative history)."],"plain_english_summary":"This Act makes a range of embryo- and reproductive-technology activities criminal offences and creates a licensing route for tightly specified research. It sets high criminal penalties and inspection powers, and is designed to work alongside Commonwealth licensing laws.\n\nIt affects researchers, fertility clinics, donors and patients by restricting certain practices, imposing compliance and record‑keeping duties, and giving licensing and enforcement discretion to regulators and inspectors — who decide what activity is permitted and who bears compliance costs."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2003 Act was titled 'Prohibition of Human Cloning Act' and focused narrowly on banning reproductive cloning. The 2009 amendments significantly expanded scope: the title changed to include 'for Reproduction', the long title expanded to cover 'other unacceptable practices associated with reproductive technology', and new offences were added for hybrid embryos, chimeric embryos, and three-parent embryos. The 2009 changes also integrated the Act into a national licensing scheme, transforming it from a simple prohibition statute into a complex regulatory framework with Commonwealth-State cooperative arrangements."},"complexity_factors":["18 defined terms in section 3, including technical biological concepts like 'mitotic division', 'primitive streak', and 'precursor cells'","Cross-referencing with Commonwealth legislation (Research Involving Human Embryos Act 2003) for licensing framework","Nested definitions: 'human embryo' excludes 'hybrid embryos' and 'human embryonic stem cell lines', which are defined separately","Multiple exceptions and qualifications, particularly around 'reasonable expenses' vs 'valuable consideration' in commercial trading provisions","Conditional logic in Division 2 offences requiring both intentional conduct AND lack of licence authorisation","Temporal calculations for the 14-day development rule requiring exclusion of suspended development periods","Dual penalty structures: 15 years for absolutely prohibited practices, 10 years for licence-dependent practices","Inspector powers include extensive procedural safeguards (warrants, announcement requirements, identity cards, compensation provisions)"],"plain_english_summary":"This South Australian law bans human cloning and regulates cutting-edge reproductive technology. It creates serious criminal offences for practices like creating cloned embryos, mixing human and animal genetic material, and buying or selling human eggs, sperm or embryos.\n\n**What it does:**\n- **Completely prohibits** certain practices with penalties up to 15 years prison:\n  - Placing a cloned human embryo into a woman or animal\n  - Creating embryos for purposes other than achieving pregnancy\n  - Creating embryos with genetic material from more than two people (three-parent babies)\n  - Growing embryos outside a woman's body for more than 14 days\n  - Making heritable genetic changes that could be passed to future generations\n  - Creating 'chimeric' embryos (human-animal mixtures) or 'hybrid' embryos\n  - Commercial trading in human reproductive material (though reasonable expenses can be paid)\n\n- **Prohibits unless licensed** (10 years prison if unlicensed):\n  - Creating embryos without using sperm and egg (such as through cloning techniques)\n  - Using cells from embryos or fetuses to create new embryos\n  - Creating hybrid embryos for limited research purposes\n\n**Who it affects:**\n- Fertility clinics and researchers working with human embryos\n- Anyone involved in assisted reproductive technology\n- People considering surrogacy or donor conception arrangements\n\n**Why it matters:**\nThe law draws ethical boundaries around human reproduction and research, ensuring South Australia aligns with national standards. It protects against exploitation (banning commercial trade in reproductive material) while allowing strictly regulated research through a licensing system administered under Commonwealth law. The 14-day rule reflects international consensus on when embryonic development becomes ethically significant."}},"importantCases":[],"_links":{"self":"/api/acts/prohibition-of-human-cloning-for-reproduction-act-2003","history":"/api/acts/prohibition-of-human-cloning-for-reproduction-act-2003/history","analysis":"/api/acts/prohibition-of-human-cloning-for-reproduction-act-2003/analysis","conflicts":"/api/acts/prohibition-of-human-cloning-for-reproduction-act-2003/conflicts","importantCases":"/api/acts/prohibition-of-human-cloning-for-reproduction-act-2003/important-cases","documents":"/api/acts/prohibition-of-human-cloning-for-reproduction-act-2003/documents"}}