31Records to be kept by ART provider

#### 31 Records to be kept by ART provider 31 Records to be kept by ART provider > > (1) An ART provider must keep a record in relation to each of the following in an approved form— > > > > > (a) for any gamete or embryo that is in the ART provider’s possession— > > > > > > > (i) the information required to be obtained under section 30 (1) or (2), and > > > > > > > (ii) the provenance of any such gamete or embryo (including the provenance of the gametes used to create the embryo), and > > > > > > > (iii) the gamete provider’s consent (within the meaning of Division 3) in relation to any such gamete or embryo, and > > > > > > > (iv) the uses that have been made of any such gamete or embryo, including exporting the gamete or embryo from this State or supplying the gamete or embryo to another ART provider, and > > > > > > > (v) the period during which any such gamete or embryo has been in storage, > > > > > (b) for each woman who is provided ART treatment by the ART provider— > > > > > > > (i) the full name, residential address and date of birth of the woman, and > > > > > > > (ii) any other information required to be obtained under section 30 (3) about the woman, the woman’s spouse (if any) and any offspring of the woman, > > > > > (b1) for each woman who has been provided ART treatment by the ART provider using a donated gamete— > > > > > > > (i) whether or not the woman is or has been pregnant, up until at least 1 month after the treatment, as a result of the treatment, or > > > > > > > (ii) if the ART provider does not know whether or not the woman is or has been pregnant, up until at least 1 month after the treatment, as a result of the treatment—information to that effect, > > > > > (c) for each offspring known by the ART provider to have been born as a result of ART treatment provided by the ART provider— > > > > > > > (i) the full name, sex and date of birth of the offspring, and > > > > > > > (ii) the full name of the woman who gave birth to the offspring, and > > > > > > > (iii) if the offspring was born as a result of ART treatment using a donated gamete, the full name and date and place of birth of the donor, > > > > > (c1) if at least 15 months have passed since the ART provider provided ART treatment to a woman and the ART provider does not know whether or not an offspring has been born as a result of the treatment—information to that effect, > > > > > (d) any information required to be collected by the ART provider under section 30 (4), > > > > > (e) 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. > > > (2) The ART provider must retain any records required to be kept under this section for a period of 50 years after the record is made or such other period as may be prescribed by the regulations. > > > > Maximum penalty—400 penalty units in the case of a corporation or 200 penalty units in any other case. > > > (3) In this section— > > > > provenance of a gamete or an embryo means the particulars of each ART provider that has had possession of the gamete or embryo from the time the gamete was obtained from the gamete provider or from the time the embryo was created. > > **s 31:** Am 2016 No 11, Sch 1 \[10\] \[11\]; 2018 No 73, Sch 1 \[21\]–\[26\].