4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > adult means a person who is not a child. > > > > approved form means a form approved by the Secretary. > > > > ART provider means a person who provides ART services and includes a registered ART provider, but does not include a person who provides ART services on behalf of a registered ART provider either under contract or in the course of the person’s employment by the registered ART provider. > > > > ART service means any one or more of the following services, treatments or procedures that is provided for fee or reward or provided in the course of a business (whether or not for profit)— > > > > > (a) an ART treatment, > > > > > (b) the storage of gametes and embryos for use in ART treatment, > > > > > (c) the obtaining of a gamete from a gamete provider for use in ART treatment or for research in connection with ART treatment. > > > > ART treatment means assisted reproductive technology treatment, being any medical treatment or procedure that procures or attempts to procure pregnancy in a woman by means other than sexual intercourse, and includes artificial insemination, in-vitro fertilisation, gamete intrafallopian transfer and any related treatment or procedure that is prescribed by the regulations. > > > > central register means the central register established under Part 3. > > > > certificate of authority means the certificate of authority issued to an inspector by the Secretary under Part 5. > > > > child means a person who is under the age of 18 years and not married. > > > > Department means the Ministry of Health. > > > > donated embryo—see section 4B. > > > > donated gamete—see section 4B. > > > > donor means the gamete provider from whom a donated gamete has been obtained. > > > > embryo means the single entity formed by the combination of a human sperm and a human ovum until the time it is implanted in the body of a woman. > > > > exercise a function includes perform a duty. > > > > full name, in relation to a gamete provider who is a donor, includes each name by which the gamete provider is or has been known. > > > > function includes a power, authority or duty. > > > > gamete means a human sperm or a human ovum. > > > > Note— > > > > Section 8 (b) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) provides that in any Act or instrument a reference to a word or expression in the singular form includes a reference to the word or expression in the plural form. > > > > gamete provider, in relation to a gamete, means the individual from whom the gamete has been obtained and, in relation to an embryo, means an individual from whom a gamete used to create the embryo was obtained. > > > > health services provider means any of the following— > > > > > (a) an ART provider or a person that has at any time been an ART provider, > > > > > (b) a registered medical practitioner, a person who has at any time been a registered medical practitioner or a person who, at any time before the repeal of the [Medical Practice Act 1992](/view/html/repealed/current/act-1992-094), was registered as a medical practitioner under that Act, > > > > > (c) a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), > > > > > (d) a private health facility within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009), > > > > > (e) any person or body of a class prescribed by the regulations. > > > > identifying information means information that identifies the individual to whom the information relates. > > > > inspector means a person appointed as an inspector under Part 5. > > > > non-identifying information means information that does not identify the individual to whom the information relates. > > > > obtain a gamete from a gamete provider includes receive a gamete from a gamete provider. > > > > offspring of a person means an individual to whom the person is a biological parent and includes an individual born as a result of ART treatment using the person’s donated gamete. > > > > parent of a child means a person having parental responsibility for the child. > > > > parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children. > > > > premises includes any land or building and part of any land or building. > > > > record includes a book, account, deed, writing, document and any other source of information compiled, recorded or stored in written form, or on micro-film, or by electronic process, or in any other manner or by any other means. > > > > registered ART provider means a person registered by the Secretary under Division 1 of Part 2 as an ART provider and whose registration is in force. > > > > relevant medical history of a donor means any medical history or genetic test results of the donor or the donor’s family that are relevant to the future health of any of the following— > > > > > (a) persons undergoing ART treatment using the donated gamete, > > > > > (b) offspring born as a result of the treatment, > > > > > (c) descendants of such offspring. > > > > Secretary means the Secretary of the Department. > > > > seized item means anything seized by an inspector under Part 5. > > > > spouse of a person means— > > > > > (a) a person to whom the person is legally married (including a husband or wife of the person), or > > > > > (b) the person’s de facto partner, > > > > but if more than one person would so qualify as a spouse, means only the latest person to so qualify. > > > > Note— > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > > surrogacy arrangement has the same meaning as it has in the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102). > > > > Note— > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) (Repealed) > > > (3) Notes included in this Act do not form part of this Act. > > **s 4:** Am 2010 No 19, Sch 3.6 \[1\] \[2\]; 2010 No 102, Sch 2.1 \[1\] \[2\]; 2016 No 11, Sch 1 \[2\] \[3\]; 2016 No 55, Sch 1.3; 2018 No 28, Sch 1.4; 2018 No 68, Sch 2.1 \[1\] \[2\]; 2018 No 73, Sch 1 \[1\]–\[3\].