NSWIn ForceAct
Assisted Reproductive Technology Act 2007
17BART provider to take steps to obtain confirmation of consent in certain cases
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#### 17B ART provider to take steps to obtain confirmation of consent in certain cases
17B ART provider to take steps to obtain confirmation of consent in certain cases
> > (1) An ART provider must not carry out any of the following activities in respect of a gamete or embryo (other than a donated gamete or donated embryo) unless the ART provider has taken the required steps, in accordance with this section, to obtain confirmation of the gamete provider’s consent to the activity concerned—
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> > > (a) use the gamete to create an embryo outside the body of a woman,
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> > > (b) provide ART treatment to a woman using the gamete or embryo,
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> > > (c) supply the gamete or embryo to another person (including an ART provider),
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> > > (d) export, or cause to be exported, the gamete or embryo from this State.
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> > Maximum penalty—800 penalty units in the case of a corporation or 400 penalty units in any other case.
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> > (2) The required steps are the steps (if any) prescribed by the regulations or, if there are no steps prescribed by the regulations, reasonable steps.
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> > (3) The ART provider must take the required steps no earlier than the period of time, determined in accordance with the regulations, before the activity concerned.
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> > (4) An ART provider is not required to comply with this section—
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> > > (a) if the ART provider knows or believes on reasonable grounds that the gamete provider is deceased, or
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> > > (b) in any other circumstances prescribed by the regulations.
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> **s 17B:** Ins 2018 No 73, Sch 1 \[13\].