27Donated gametes or embryos—maximum number of families

#### 27 Donated gametes or embryos—maximum number of families 27 Donated gametes or embryos—maximum number of families > > (1) An ART provider must not provide ART treatment using a donated gamete if the treatment is likely to result in offspring of the donor being born, whether or not as a result of ART treatment, to more than 5 women (or such lesser number as may be specified in the donor’s consent), including the donor and any current or former spouse of the donor. > > > > Maximum penalty—800 penalty units in the case of a corporation or 400 penalty units in any other case. > > > (1A) This section does not prevent the provision of ART treatment using a donated gamete to a woman if— > > > > > (a) the woman or the spouse of the woman is the parent of a child born as a result of ART treatment using a donated gamete from the same donor, or > > > > > (b) the woman belongs to a class of women prescribed by the regulations for the purposes of this section. > > > (2) It is a defence to a prosecution under this section if an ART provider establishes that the ART provider exercised due diligence to prevent the contravention. > > > (3) Due diligence is not established if the ART provider failed to take any of the following steps to prevent the contravention— > > > > > (a) searching records held by the ART provider, > > > > > (b) making reasonable inquiries of the donor, > > > > > (c) requesting information from any other ART provider that the first ART provider has reason to believe obtained or has been supplied with a gamete of the donor or an embryo created using a gamete of the donor. > > > (4) An ART provider must provide the following information in relation to a donor if requested to do so by a registered ART provider for the purposes of complying with this section— > > > > > (a) information in relation to the number of women who have given birth to offspring as a result of ART treatment, provided by the ART provider, using a gamete of the donor, > > > > > (a1) the number of women who are pregnant as a result of ART treatment provided by the ART provider using a gamete of the donor, but not including women referred to in paragraph (a), > > > > > (a2) the number of women for whom an embryo has been created as a result of ART treatment provided by the ART provider using a gamete of the donor and placed in storage, but not including women referred to in paragraph (a) or (a1), > > > > > (a3) the number of women of whom the ART provider is aware who have given birth to offspring of the donor other than as a result of ART treatment, but not including women referred to in paragraph (a), (a1) or (a2), > > > > > (b) the details of any other ART providers that have been supplied with a gamete of the donor, or an embryo created using a gamete of the donor, > > > > > (c) any other matter that is prescribed by the regulations. > > > > Maximum penalty—100 penalty units in the case of a corporation or 50 penalty units in any other case. > > > (5) The Secretary is to provide to an ART provider relevant information that is on the central register if— > > > > > (a) the ART provider makes an application in an approved form for the information, or > > > > > (b) the Secretary is of the opinion that provision of the information to the ART provider may be necessary to prevent offspring of a donor being born to more than 5 women. > > > (6) Section 41 (Fees) applies to an application under subsection (5) in the same way as it applies to an application under Division 2 of Part 3. > > > (7) Subject to the regulations, the Secretary may— > > > > > (a) give relevant information to an interstate government agency or interstate ART provider in the circumstances prescribed by the regulations, and > > > > > (b) authorise an ART provider to give relevant information to an interstate government agency or interstate ART provider in the circumstances prescribed by the regulations. > > > (8) The regulations may— > > > > > (a) provide for the kinds of relevant information that may not be given to an interstate government agency or an interstate ART provider, and > > > > > (b) prescribe, or authorise the Secretary to impose, conditions on the giving of relevant information to an interstate government agency or interstate ART provider. > > > (9) In this section— > > > > interstate ART provider means a person who— > > > > > (a) provides ART services in another State or Territory, and > > > > > (b) is prescribed by the regulations. > > > > interstate government agency means a Minister or head of a government department in another State or Territory who— > > > > > (a) has similar functions to the Secretary under this Act, and > > > > > (b) is prescribed by the regulations. > > > > relevant information means the information in relation to a donor specified in subsection (4). > > **s 27:** Am 2016 No 11, Sch 1 \[6\]–\[8\]; 2024 No 22, Sch 1\[1\] \[2\].