NSWIn ForceAct
Assisted Reproductive Technology Act 2007
12Counselling to be available
Start here
Get a plain-English read of 12
Turn the raw legal text into a practical explanation grounded in Assisted Reproductive Technology Act 2007.
#### 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 (b) (Repealed)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 \[5\] \[6\].