Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 1 Preliminary
s. 152
page 102
mandatory condition, of a licence, has the meaning given in1
section 175(1)(a);2
officer, in relation to a body corporate, has the meaning given in3
the Corporations Act 2001 (Commonwealth) section 9AD;4
person with management or control, of a licensee or proposed5
licensee, means —6
(a) in the case of a sole trader — the individual who is the7
sole trader; or8
(b) in the case of a body corporate — each officer of the9
body corporate; or10
(c) in the case of a partnership — each partner; or11
(d) in the case of a trust — each person who has a12
responsibility as trustee of the trust; or13
(e) in the case of an incorporated association under the14
Associations Incorporation Act 2015 — each member of15
the management committee as defined in section 3 of16
that Act; or17
(f) in the case of any other type of entity — a person who18
has the responsibility, alone or with others, for19
managing the operations of the licensee or proposed20
licensee;21
policies and procedures means the policies and procedures22
relating to the provision of ART services that a licensee must23
have as required by the regulations;24
statement of reasons, for a decision, means a written statement25
containing —26
(a) the reasons for the decision; and27
(b) any findings on material questions of fact that led to the28
decision, referring to the evidence or other materials on29
which those findings were based.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Application for licence Division 2
s. 153
page 103
Division 2 — Application for licence1
153. Application for licence2
A person may apply to the CEO for a licence.3
154. Requirements for application for licence4
(1) An application for a licence must —5
(a) be made in the approved form; and6
(b) specify the proposed licensee; and7
(c) specify the ART services that would be provided by the8
proposed licensee; and9
(d) list each person proposed to have management or10
control of the proposed licensee; and11
(e) state the premises at which the proposed licensee would12
provide ART services; and13
(f) include the policies and procedures that the proposed14
licensee would have if it were granted a licence; and15
(g) include the information required by the approved form;16
and17
(h) be accompanied by the prescribed fee.18
(2) If an application for a licence does not comply with19
subsection (1), the CEO may reject the application without20
further consideration.21
155. Investigations related to considering an application22
After receiving an application for a licence made under23
section 153, the CEO may —24
(a) request that the applicant provide the CEO with further25
specified information in relation to the provision of ART26
services by the proposed licensee; and27
(b) inspect the premises at which ART services are28
proposed to be provided by the proposed licensee for the29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 2 Application for licence
s. 156
page 104
purpose of investigating whether the premises,1
equipment, staffing and facilities are appropriate for the2
services; and3
(c) review the adequacy of the policies and procedures that4
the proposed licensee would have if it were granted a5
licence.6
156. Criteria for deciding application for licence7
(1) In deciding an application for a licence, the CEO must8
consider —9
(a) the application; and10
(b) information provided to the CEO in response to a11
request for the information made under section 155(a);12
and13
(c) the licensing, compliance and accreditation history of14
the proposed licensee and each person proposed to have15
management or control of the proposed licensee; and16
(d) the information collected by the CEO under17
section 155(b) or 174.18
(2) The CEO may grant the licence only if satisfied that —19
(a) the proposed licensee, and each person proposed to have20
management or control of the proposed licensee, are fit21
and proper persons; and22
(b) the proposed licensee has the prescribed accreditation;23
and24
(c) appropriate premises, equipment, staffing and facilities25
are available, and are likely to remain available, for the26
ART services to be provided by the proposed licensee;27
and28
(d) the policies and procedures that the proposed licensee29
would have if it were granted a licence are adequate for30
the ART services to be provided by the proposed31
licensee.32
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Application for licence Division 2
s. 157
page 105
(3) The CEO must not grant the licence if —1
(a) the proposed licensee is, according to the Interpretation2
Act 1984 section 13D, a bankrupt or a person whose3
affairs are under insolvency laws; or4
(b) in the case of a proposed licensee that is a body5
corporate, the body corporate is under receivership or6
official management or is in liquidation.7
157. Decision on application for licence8
(1) This section applies if an application for a licence is made under9
section 153.10
(2) The CEO must, within the prescribed period after receiving the11
application, consider the application and decide to —12
(a) grant the licence; or13
(b) grant the licence subject to such conditions as the CEO14
thinks fit; or15
(c) refuse to grant the licence.16
(3) If the CEO requests further information from a person under17
section 155(a) or 174(2)(b), the period stated in subsection (2) is18
extended by the same number of days taken by the person to19
provide the CEO with all the requested information.20
158. Notice of decision on application for licence21
(1) Within 10 business days after making a decision under22
section 157(2), the CEO must give the applicant written notice23
of the decision.24
(2) If the decision is to grant the licence with 1 or more conditions,25
or to refuse the grant of a licence, the notice of the decision26
must —27
(a) include a statement of reasons for the decision; and28
(b) state that the applicant can request the CEO to29
reconsider the decision under section 192(1).30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 3 Renewal of licence
s. 159
page 106
159. Grant of licence1
(1) If the CEO decides to grant a licence, the CEO must issue a2
licence to the licensee.3
(2) The licence has effect for the period specified in the licence,4
being a period of not more than 5 years, subject to surrender,5
suspension or cancellation.6
Division 3 — Renewal of licence7
160. Application for renewal of licence8
A licensee may apply to the CEO to renew its licence.9
161. Requirements for application for renewal of licence10
(1) An application for the renewal of a licence must —11
(a) be made at least 3 months before the end of the term of12
the licence; and13
(b) be made in the approved form; and14
(c) confirm whether all recorded details of the licence15
remain correct; and16
(d) if recorded details of the licence are not correct, specify17
the correct details; and18
(e) include the information required by the approved form;19
and20
(f) be accompanied by the prescribed fee.21
(2) If an application for the renewal of a licence does not comply22
with subsection (1), the CEO may reject the application without23
further consideration.24
162. Considering application for renewal of licence25
(1) Sections 155 and 156 apply in relation to deciding an26
application for the renewal of a licence in the same way those27
sections apply to deciding an application for a licence.28
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Renewal of licence Division 3
s. 163
page 107
(2) If the term of a licence ends before an application for the1
renewal of the licence is decided, the term continues until the2
end of the day on which notice of the CEO’s decision is given to3
the applicant under section 164(1).4
163. Decision on application for renewal of licence5
(1) This section applies if an application to renew a licence is made6
under section 160.7
(2) The CEO must, within the prescribed period after receiving the8
application, consider the application and decide to —9
(a) renew the licence; or10
(b) renew the licence and either impose a new condition or11
amend an existing condition of the licence; or12
(c) refuse to renew the licence.13
(3) If the CEO requests further information from a person under14
section 155(a) (as applied by section 162(1)) or 174(2)(b)), the15
period stated in subsection (2) is extended by the same number16
of days taken by the person to provide the CEO with all the17
requested information.18
164. Notice of decision on application for renewal of licence19
(1) Within 10 business days after making a decision under20
section 163(2), the CEO must give the applicant written notice21
of the decision.22
(2) If the decision is to renew the licence and either impose a new23
condition or amend an existing condition of the licence, or24
refuse to renew the licence, the notice of the decision must —25
(a) include a statement of reasons for the decision; and26
(b) state that the applicant can request the CEO to27
reconsider the decision under section 192(1).28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 4 Variation of licence
s. 165
page 108
165. Renewal of licence1
(1) If the CEO decides to renew a licence, the CEO must issue a2
licence to the licensee to replace the previous licence.3
(2) The licence issued under subsection (1) —4
(a) takes effect on the day after the day on which the term5
of the previous licence ends; and6
(b) has effect for the period specified in the licence, being a7
period of not more than 5 years, subject to surrender,8
suspension or cancellation.9
Division 4 — Variation of licence10
166. Application for variation of licence11
(1) A licensee must apply to the CEO to vary its licence if there is,12
or there is proposed to be, a change to any of the following13
matters —14
(a) the premises at which ART services are provided by the15
licensee;16
(b) the ART services provided by the licensee;17
(c) the licensee’s trading name;18
(d) a person with management or control of the licensee.19
(2) For the purposes of subsection (1)(a), an ART service provided20
by an authorised practitioner under section 29(1), or in a21
hospital, does not constitute a change of premises.22
167. Requirements for application for variation of licence23
(1) An application to vary a licence must —24
(a) be made in the approved form; and25
(b) specify the change referred to in section 166(1) that is26
the subject of the application; and27
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Variation of licence Division 4
s. 168
page 109
(c) be made —1
(i) if the change is unexpected — as soon as2
practicable after the change happens; or3
(ii) if the change is proposed to happen — within the4
prescribed period before the change happens;5
and6
(d) include the information required by the approved form;7
and8
(e) be accompanied by the prescribed fee.9
(2) If an application to vary a licence does not comply with10
subsection (1), the CEO may reject the application without11
further consideration.12
(3) Sections 155 and 156 apply, to the extent necessary, in relation13
to deciding an application for the variation of a licence, in the14
same way those sections apply to deciding an application for a15
licence.16
168. Decision on application for variation of licence17
(1) This section applies if an application to vary a licence is made18
under section 166.19
(2) The CEO must, within the prescribed period after receiving the20
application, consider the application and decide to —21
(a) vary the licence; or22
(b) vary the licence and either impose a new condition or23
amend an existing condition of the licence; or24
(c) refuse to vary the licence.25
(3) If the CEO requests further information from a person under26
section 155(a) (as applied by section 162(1)) or 174(2)(b), the27
period stated in subsection (2) is extended by the same number28
of days taken by the person to provide the CEO with all the29
requested information.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 5 Other matters affecting licences
s. 169
page 110
169. Notice of decision on application for variation of licence1
(1) As soon as practicable after making a decision under2
section 168(2), the CEO must give the licensee written notice of3
the decision.4
(2) If the decision is to vary the licence and either impose a new5
condition or amend an existing condition of the licence, or6
refuse to vary the licence, the notice of the decision must —7
(a) include a statement of reasons for the decision; and8
(b) state that the applicant can request the CEO to9
reconsider the decision under section 192(1).10
170. Variation of licence11
(1) If the CEO decides to vary a licence, the CEO must make the12
variation to the licence and reissue it to the licensee.13
(2) A variation of the licence does not restart or otherwise affect the14
term of the licence.15
Division 5 — Other matters affecting licences16
171. Annual service fee17
Each year, a licensee must pay the prescribed annual service fee18
for that year before the prescribed date.19
172. Surrender of licence20
(1) A licensee may surrender its licence by written notice given to21
the CEO.22
(2) The notice of surrender must —23
(a) be in the approved form; and24
(b) set out the date (the surrender date) on which the25
surrender takes effect, being a day not earlier than26
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Other matters affecting licences Division 5
s. 173
page 111
3 months after the day on which the notice is given to1
the CEO; and2
(c) include the information required by the approved form.3
(3) The licence terminates on the surrender date.4
(4) If a licensee (the former licensee) surrenders a licence under5
this section, the CEO may require the former licensee to do 1 or6
more of the following things by giving to the former licensee7
written notice of the requirement —8
(a) if safe and appropriate, continue time-sensitive ART9
procedures until each ART participant can be safely10
transferred to the care of another licensee;11
(b) transfer, in a timely manner, any clients, records or other12
information or stored reproductive material or embryos13
to an appropriate entity that is to provide an ART14
service in place of the licensee;15
(c) provide specified information, in a specified way, to16
persons potentially affected by the surrender;17
(d) take a prescribed action.18
173. End of term of licence19
(1) This section applies if the term of a licence ends and does not20
continue under section 162(2).21
Note for this subsection:22
Section 162(2) provides for the term of a licence to continue until an23
application for the renewal of the licence made before the end of the24
term is decided.25
(2) The CEO may require the person who was the licensee under26
the licence (the former licensee) to do 1 or more of the27
following things by giving to the former licensee written notice28
of the requirement —29
(a) if safe and appropriate, continue time-sensitive ART30
procedures until each ART participant can be safely31
transferred to the care of another licensee;32
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 6 Investigations as to fit and proper persons
s. 174
page 112
(b) transfer, in a timely manner, any clients, records or other1
information or stored reproductive material or embryos2
to an appropriate entity that is to provide an ART3
service in place of the licensee;4
(c) keep a record the former licensee was required to keep5
under section 35 —6
(i) for the period the record is required to be kept7
under that section; and8
(ii) at the place and in the form specified in the9
notice;10
(d) provide specified information, in a specified way, to11
persons potentially affected by the term of the licence12
ending;13
(e) take a prescribed action.14
Division 6 — Investigations as to fit and proper persons15
174. Investigating whether person is fit and proper person16
(1) The CEO may, at any time, investigate whether any of the17
following persons is a fit and proper person —18
(a) a person with management or control of a licensee;19
(b) a person proposed to have management or control of a20
licensee;21
(c) a person proposed to have management or control of a22
proposed licensee.23
(2) For the purpose of the investigation, the CEO may —24
(a) investigate the licensing, compliance and accreditation25
history of the person being investigated; and26
(b) request that the person being investigated provide the27
CEO with information that the CEO considers necessary28
for determining whether the person is a fit and proper29
person.30