12Counselling to be available

#### 12 Counselling to be available 12 Counselling to be available > > (1) An ART provider must ensure that counselling services are available to any woman who seeks ART treatment from the ART provider, any spouse of such a woman and any person proposing to provide a gamete to the ART provider. > > > > Maximum penalty—50 penalty units in the case of a corporation or 25 penalty units in any other case. > > > (2) The counselling services under subsection (1) must— > > > > > (a) be available at the place where the ART treatment is provided or, in the case of a person proposing to provide a gamete, at the place where the gamete is to be provided, and > > > > > (b) (Repealed) > > > > > (c) be offered before the ART treatment is provided or, in the case of a person proposing to provide a gamete, before the gamete is provided. > > > (2A) An ART provider that has possession of a gamete, or an embryo created using a gamete, that was not originally obtained from the gamete provider as a donated gamete must ensure that counselling services are made available to the gamete provider if the gamete provider proposes to donate the gamete or embryo for use by a person other than the gamete provider or the gamete provider’s spouse. > > > (2B) The counselling services under subsection (2A) must— > > > > > (a) be available at the premises of the ART provider, and > > > > > (b) be offered before the gamete or embryo is used. > > > (2C) Counselling services under this section must be provided by a person with the qualifications (if any) prescribed by the regulations. > > > (3) Nothing in this section— > > > > > (a) prevents a person who provides the counselling service from charging a reasonable fee for that service, or > > > > > (b) requires a person to make use of the counselling service. > > **s 12:** Am 2018 No 73, Sch 1 \[5\] \[6\].