32Requirement to confirm consent in certain cases

32 Requirement to confirm consent in certain cases (a) it carries out any of the following activities in relation to a gamete or embryo (other than a donated gamete or donated embryo): (i) using the gamete to create an embryo outside a person’s body; (ii) providing ART treatment to a person using the gamete or embryo; (iii) supplying the gamete or embryo to another person (including an ART provider); (iv) exporting the gamete or embryo, or causing the gamete or embryo to be exported, from the ACT; and (b) the activity is carried out more than 12 months after the latest of the following: (i) the gamete provider giving consent to the activity; (ii) the ART provider confirming the gamete provider’s consent to the activity.

(2) Subsection (1) does not apply to an ART provider if it knows or believes on reasonable grounds that the gamete provider is deceased. Note 1 The defendant has an evidential burden in relation to the matters Note 2 It is an offence to use a gamete or embryo of a deceased gamete provider without authorisation (see s 36).