41PTransfer of records

#### 41P Transfer of records 41P Transfer of records > > (1) A person (including an ART provider) may transfer any pre 2010 record within the person’s control to a registered ART provider. > > > (2) A person (including an ART provider) who transfers a pre 2010 record under this section, must, as soon as practicable after transferring the record, notify the Secretary in writing that the record has been transferred to the registered ART provider. > > > (3) A registered ART provider to whom a pre 2010 record is transferred under this section must, as soon as practicable after the transfer, notify the Secretary in writing that the record has been transferred to the registered ART provider. > > > (4) The transfer of a pre 2010 record under this section does not constitute a breach of section 41O or a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct. > > > (5) The regulations may make further provision for or with respect to the transfer of pre 2010 records under this section including— > > > > > (a) making provision for the transfer of pre 2010 records if an ART provider dies, is wound up or otherwise lacks capacity to retain the records in accordance with this Part, and > > > > > (b) specifying the matters that are required to be included in any notice given to the Secretary under this section. > > > (6) An ART provider must comply with this section. > > > > Maximum penalty—100 penalty units in the case of a corporation or 50 penalty units in any other case. > > **ss 41N–41Q:** Ins 2016 No 11, Sch 1 \[17\].