23Requirement to offer counselling before providing

23 Requirement to offer counselling before providing (1) An ART provider must offer counselling services— (a) before providing ART treatment— (i) to a person seeking to undergo the treatment; and (ii) to a domestic partner of the person seeking to undergo the treatment; and (b) before obtaining a gamete—to a person proposing to provide the gamete to the ART provider; and (c) before using a gamete, or an embryo created from the gamete— to the gamete provider if— (i) the gamete was not originally obtained as a donated gamete; and (ii) the gamete provider proposes to donate the gamete or embryo for use by someone other than the gamete provider or the gamete provider’s domestic partner. (2) The counselling services must be available in the ACT, either in person or remotely. (3) A regulation may prescribe a qualification a person must hold to provide counselling services. (4) An ART provider commits an offence if it fails to offer counselling services in accordance with this section. Maximum penalty: 15 penalty units. (5) Nothing in this section— (a) prevents a person providing counselling services from charging a reasonable fee for the services; or (b) requires a person to use counselling services.