NSWIn ForceAct
Assisted Reproductive Technology Act 2007
25Storage of gametes or embryos
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#### 25 Storage of gametes or embryos
25 Storage of gametes or embryos
> > (1) An ART provider must not store a gamete or an embryo except with the consent of the gamete provider and in a manner that is consistent with the gamete provider’s consent.
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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) If a gamete provider’s consent authorises storage of a gamete or an embryo but does not specify a period for which the gamete or embryo may be stored, the gamete provider’s consent is, for the purpose of this section, taken not to authorise storage of the gamete or embryo.
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> > (3) An ART provider must not store a gamete or an embryo for any longer than the shortest of the following periods—
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> > > (a) the period (if any) of proposed storage of which the ART provider has given written notice to the gamete provider (whether before or after the gamete was obtained),
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> > > (b) the period authorised by the gamete provider’s consent or, if there is more than one gamete provider, the shorter of the periods authorised by the gamete providers’ consents,
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> > > (c) in the case of a donated gamete, the period of 15 years from the date the gamete was obtained from the donor plus any additional period that may be authorised by the Secretary under section 26,
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> > > (d) in the case of an embryo created using a donated gamete, or a donated embryo, the period of 15 years from the date the embryo was created plus any additional period that may be authorised by the Secretary under section 26.
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> > Maximum penalty—100 penalty units in the case of a corporation or 50 penalty units in any other case.
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> **s 25:** Am 2016 No 11, Sch 1 \[4\]; 2018 No 73, Sch 1 \[15\].