33Use of gamete to create embryo outside body

33 Use of gamete to create embryo outside body (a) it uses a gamete to create an embryo outside a person’s body; and (b) the gamete is used without the gamete provider’s consent, or in a way that is inconsistent with the gamete provider’s consent. (2) Subsection (1) does not apply if the ART provider uses the gamete in accordance with a court order under section 37 (Authorisation of posthumous use). Note 1 The defendant has an evidential burden in relation to the matters Note 2 It is an offence to intentionally develop a human embryo outside the body of a person for a period of more than 14 days, excluding any period when development is suspended (see Human Cloning and Embryo Research Act 2004, s 12).