24Use of gametes or embryos provided more than 5 years ago

#### 24 Use of gametes or embryos provided more than 5 years ago 24 Use of gametes or embryos provided more than 5 years ago > > (1) An ART provider must not provide ART treatment using a gamete obtained from a gamete provider more than 5 years before the provision of the ART treatment, unless the ART provider has taken reasonable steps to establish whether the gamete provider is alive. > > > > Maximum penalty—400 penalty units in the case of a corporation or 200 penalty units in any other case. > > > (2) Despite subsection (1) an ART provider is not required to take reasonable steps to establish whether the gamete provider is alive if— > > > > > (a) the ART provider (or another ART provider that supplied the gamete used in the ART treatment) has been contacted by the gamete provider less than 5 years before the provision of the ART treatment, or > > > > > (b) the ART provider knows or believes on reasonable grounds that the gamete provider is deceased. > > > (3) For the purpose of subsection (1), reasonable steps include— > > > > > (a) obtaining from the Registrar of Births, Deaths and Marriages a certificate under section 49 of the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) as to whether the death of the gamete provider has been recorded in the Register kept under that Act, and > > > > > (b) completing such other inquiries as may be prescribed by the regulations for the purpose of establishing whether the gamete provider is alive. > > > (4) The Registrar of Births, Deaths and Marriages must not reject an application made under section 47 of the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) for the purposes of this section if the application is made in an appropriate form and is accompanied by the fee (if any) prescribed under that Act. > > > (5) A reference in this section to the supply of a gamete includes a reference to the supply of an embryo created using the gamete. > > **s 24:** Am 2018 No 73, Sch 1 \[14\].