23Use of gametes or embryos after death of gamete provider

#### 23 Use of gametes or embryos after death of gamete provider 23 Use of gametes or embryos after death of gamete provider > An ART provider must not provide ART treatment to a woman using a gamete if the ART provider knows or believes on reasonable grounds that the gamete provider is deceased, unless— > > > (a) the gamete provider has consented to the use of the gamete after his or her death, and > > > (b) the woman receiving the ART treatment has been notified of the death or suspected death of the gamete provider and the date of death (if known), and > > > (c) the woman receiving the ART treatment has given written consent to the provision of the ART treatment using the gamete despite the death or suspected death of the gamete provider. > > Maximum penalty—400 penalty units in the case of a corporation or 200 penalty units in any other case. > > Note— > > The [Human Tissue Act 1983](/view/html/inforce/current/act-1983-164) regulates the removal of tissue (including gametes) from a deceased person.