24Requirement to give certain information before providing

24 Requirement to give certain information before providing (1) An ART provider must— (a) tell a person mentioned in an item in table 24, column 2, about the matters mentioned in the item, column 3, before providing an ART service mentioned in the item, column 4; and (b) confirm that the person understands the matters. Table 24 column 1 item column 2 column 3 matters column 4 1 person seeking to undergo ART treatment not using donated gametes basic matters ART treatment to the 2 person seeking to undergo ART treatment using donated gametes extended matters ART treatment to the 3 person proposing to provide a gamete (other than as a donated gamete) basic matters obtaining the gamete from the person 4 person proposing to provide a donated gamete extended matters obtaining the gamete from the person 5 a gamete provider from whom the gamete was not originally obtained as a donated gamete extended matters using the gamete, or an embryo created from the gamete, in providing ART treatment to a person other than the gamete provider or the gamete provider’s domestic partner

(2) An ART provider commits an offence if— (a) it fails to comply with a requirement under subsection (1) to tell a person about a matter or confirm that a person understands a matter; and (b) the matter is not prescribed by regulation. (3) An ART provider commits an offence if— (a) it fails to comply with a requirement under subsection (1) to tell a person about a matter or confirm that a person understands a matter; and (b) the matter is prescribed by regulation under the definition of basic matters, paragraph (c) or extended matters, paragraph (h). basic matters means— (a) the availability of counselling services under section 23; and (b) the effect of a gamete provider’s consent under section 29, including how and when consent may be modified or withdrawn under section 30; and (c) any other matter prescribed by regulation. extended matters means— (a) basic matters; and (b) the ART provider’s obligations in relation to collecting information about the person and their donor conceived offspring; and

(c) the application of the Criminal Code, part 3.4 (False or misleading statements, information and documents) to the person, including in relation to information given to the ART provider by the person; and (d) the existence of the donor register and the information to be kept in the register about the person and their donor conceived offspring; and (e) the person’s right to obtain information in the donor register about themselves; and (f) the person’s right, and the right of their donor conceived offspring, to obtain information in the donor register about other people; and (g) the right of other people to obtain information in the donor register about the person and their donor conceived offspring; and (h) any other matter prescribed by regulation.