34Direction to answer questions and provide information about donor-conceived births

34 Direction to answer questions and provide information about donor-conceived births

34 Direction to answer questions and provide information about donor-conceived births

(1) The Secretary may give a health services provider a written direction requiring the provider to answer specified questions, or to furnish any other information specified in the direction, for the purposes of—

(a) determining whether or not a live offspring was born as a result of the provision by an ART provider of ART treatment, on or after 1 January 2010, using a donated gamete, or

(b) determining whether or not any registrable information in connection with such an offspring has been correctly entered in the central register, or

(c) obtaining any registrable information in connection with such an offspring.

(2) A direction under this section may require the questions to be answered, or the other information to be furnished, in a specified manner, by a specified time and in a specified form.

(3) A person who is given a direction under this section must not, without reasonable excuse, refuse or fail to comply with the direction.

Maximum penalty—200 penalty units in the case of a corporation or 100 penalty units in any other case.

(4) In this section, registrable information means any of the following—

(a) the full name, sex and date of birth of an offspring who was born as a result of the provision by an ART provider of ART treatment using a donated gamete,

(b) the full name, residential address, date of birth, ethnicity, physical characteristics and relevant medical history of the gamete provider,

(c) the sex and year of birth of each offspring of the gamete provider,

(d) the gamete provider’s consent (within the meaning of Division 3 of Part 2) relating to the gamete or embryo used in the ART treatment,

(e) the full name of the woman who gave birth to the offspring,

(f) the full name of the spouse (if any) of that woman,

(g) any other matters that are prescribed by the regulations.

s 34: Am 2010 No 102, Sch 2.1 [9]. Renumbered as sec 32C, 2018 No 73, Sch 1 [36]. Ins 2018 No 73, Sch 1 [37].