40Donated gametes or embryos—limits on number of

40 Donated gametes or embryos—limits on number of families (a) it provides ART treatment using a donated gamete; and (b) the donor has donated gametes used in ART treatment previously; and (c) if a child were to be born as a result of the ART treatment mentioned in paragraph (a), there would be more than— (i) 5 families that include a child born as a result of ART treatment provided in the ACT using a donated gamete or embryo of the donor; or (ii) 10 families that include a child born as a result of ART treatment provided in Australia using a donated gamete or embryo of the donor. (2) It is a defence to a prosecution for an offence against subsection (1) if the ART provider proves that it exercised due diligence to prevent the contravention, which must include— (a) searching its records; and (b) making reasonable inquiries of the donor; and (c) if it has reason to believe another ART provider (including an interstate ART provider) has obtained or been supplied with a gamete or embryo of the donor—requesting information from the other ART provider under section 41. Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).

family means a parent, their domestic partner (if any) and their children.