Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Conditions on licences Division 7
s. 175
page 113
(3) The request for information under subsection (2)(b) must —1
(a) be made in writing; and2
(b) specify the manner in which and the period (not less3
than 28 days after the request is made) within which the4
request must be complied with; and5
(c) state that a failure to comply with the request will result6
in the CEO having sufficient grounds for forming the7
opinion that the person is not a fit and proper person.8
(4) If a request made under subsection (2)(b) is not complied with,9
the CEO is taken to have sufficient grounds for forming the10
opinion that the person being investigated is not a fit and proper11
person.12
Division 7 — Conditions on licences13
175. Conditions on licences14
(1) A licence is subject to the following conditions —15
(a) the conditions (the mandatory conditions) set out in16
subsections (3) and (4);17
(b) each condition (a discretionary condition) that is18
imposed by the CEO —19
(i) when granting, renewing or varying the licence;20
or21
(ii) under section 176(1)(b).22
(2) A reference to a condition in subsection (1)(b) includes a23
reference to the condition as amended from time to time under24
section 176(1)(a).25
(3) It is a condition of a licence that the licensee must ensure that26
ART services are provided in a way that ensures the health,27
safety and wellbeing of each of the following persons —28
(a) a person born as a result of an ART procedure;29
(b) an ART participant;30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 7 Conditions on licences
s. 176
page 114
(c) a contributing parent of reproductive material;1
(d) an intended parent of an embryo or in relation to an2
ART procedure;3
(e) a donor of reproductive material or an embryo.4
(4) It is a condition of a licence that the licensee must hold the5
insurances, accreditations, other licences and authorisations6
required by the regulations.7
(5) The CEO cannot impose a discretionary condition that is8
inconsistent with a mandatory condition.9
176. Power to impose, amend or revoke discretionary conditions10
(1) The CEO may, at any time —11
(a) amend or revoke a discretionary condition of a licence;12
or13
(b) impose a new condition on a licence.14
(2) The CEO may amend a discretionary condition, or impose a15
new condition, under subsection (1) only if the CEO considers16
the amended or new condition is necessary in the circumstances.17
(3) If the CEO acts under subsection (1), the CEO must notify the18
licensee in writing as soon as practicable after taking the action.19
(4) If the notice is about amending a discretionary condition or20
imposing a new condition, the notice must —21
(a) state the amended or new condition; and22
(b) include a statement of reasons for the decision to amend23
the condition or impose the new condition; and24
(c) state that the licensee can request the CEO to reconsider25
the decision under section 192(1).26
(5) An amendment or revocation of a discretionary condition, or27
imposition of a new condition, under subsection (1) takes effect28
on the day specified in the notice.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Disciplinary action Division 8
s. 177
page 115
Division 8 — Disciplinary action1
Subdivision 1 — Suspension with advance notice2
177. Grounds for suspending licence3
The CEO may suspend a licence if satisfied that —4
(a) a mandatory condition or discretionary condition of the5
licence has not been complied with; or6
(b) the licensee has failed to ensure that the licensee’s7
policies and procedures are complied with; or8
(c) the licensee has contravened this Act, a Health Act or a9
corresponding law; or10
(d) there has been a change to a matter to which section 16611
applies and —12
(i) the licensee did not apply to the CEO for a13
variation of the licence under section 167; or14
(ii) the licensee applied to the CEO for a variation of15
the licence under section 167 and the CEO16
refused to vary the licence;17
or18
(e) a compliance notice given to the licensee has not been19
complied with; or20
(f) the licensee has not paid a fee by the date on which the21
fee must be paid under this Act; or22
(g) the CEO has formed the opinion that a person with23
management or control of the licensee is not a fit and24
proper person.25
178. Show cause notice for proposed suspension26
(1) If the CEO proposes to suspend a licence, the CEO must give a27
written notice (the show cause notice) to the licensee at least28
14 days before the suspension is proposed to take effect.29
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Part 7 Licensing of ART services
Division 8 Disciplinary action
s. 179
page 116
(2) The show cause notice must state —1
(a) that the CEO proposes to suspend the licence; and2
(b) the period of the proposed suspension; and3
(c) the grounds on which the CEO relies for suspending the4
licence; and5
(d) the actions, if any, that may be taken by the licensee in6
order for the suspension to be ended early; and7
(e) that the licensee may respond to the show cause notice8
in writing given to the CEO within 7 days after9
receiving the notice.10
(3) The requirement to give a show cause notice under11
subsection (1) does not apply if the CEO decides to immediately12
suspend the licence under section 182.13
179. Response to show cause notice14
(1) This section applies if a licensee receives a show cause notice15
under section 178(1) about a proposed suspension.16
(2) Within 7 days after receiving the notice, the licensee may give17
the CEO —18
(a) written evidence or information to dispute the grounds19
for the proposed suspension; or20
(b) a written undertaking to remedy the matter constituting,21
or each matter contributing to, the grounds for the22
proposed suspension and the timeframe for doing so.23
180. Decision on suspension24
(1) After giving a licensee a show cause notice under section 178(1)25
and considering all evidence, information and undertakings26
provided by the licensee under section 179, the CEO must27
decide to —28
(a) take no further action; or29
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Licensing of ART services Part 7
Disciplinary action Division 8
s. 180
page 117
(b) accept an undertaking provided by the licensee instead1
of proceeding with the suspension; or2
(c) suspend the licence.3
(2) As soon as practicable after making a decision under4
subsection (1), the CEO must give written notice of the decision5
to the licensee.6
(3) If the decision is to suspend the licence, the notice must —7
(a) state that the CEO has decided to suspend the licence;8
and9
(b) state the period of the suspension; and10
(c) include a statement of reasons for the decision; and11
(d) state the actions, if any, that may be taken by the12
licensee in order for the suspension to be ended early;13
and14
(e) state that the licensee can request the CEO to reconsider15
the decision under section 192(1).16
(4) In addition to suspending the licence, the CEO may require the17
licensee to do 1 or more of the following things by giving18
written notice of the requirement to the licensee —19
(a) if safe and appropriate, continue time-sensitive ART20
procedures until each ART participant can be safely21
transferred to the care of another licensee;22
(b) transfer, in a timely manner, any clients, records or other23
information or stored reproductive material or embryos24
to an appropriate entity that is to provide an ART25
service in place of the licensee;26
(c) provide specified information, in a specified way, to27
persons potentially affected by the suspension;28
(d) take a prescribed action.29
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Part 7 Licensing of ART services
Division 8 Disciplinary action
s. 181
page 118
181. Ending suspension early1
(1) The CEO may end the suspension of a licence under this2
Subdivision early if satisfied that the grounds for the suspension3
have been appropriately addressed.4
(2) If the CEO decides to end a suspension early, the CEO must5
give the licensee written notice of the earlier day on which the6
suspension ends.7
Subdivision 2 — Immediate suspension8
182. Immediate suspension9
(1) This section applies if the CEO has reasonable grounds to10
believe —11
(a) there is an immediate risk to the health, safety or12
wellbeing of any person being provided an ART service13
by a licensee; or14
(b) there is an immediate risk to the safety or viability of15
any reproductive material or embryo stored by a16
licensee; or17
(c) a prescribed circumstance exists in relation to a licensee18
or an ART service provided by the licensee.19
(2) The CEO may immediately suspend the licence of the licensee20
for a maximum period of 3 months by giving written notice of21
the suspension to the licensee.22
(3) The notice must —23
(a) state that the CEO has decided to immediately suspend24
the licence; and25
(b) state the period of the suspension; and26
(c) include a statement of reasons for the decision to27
immediately suspend the licence; and28
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Disciplinary action Division 8
s. 183
page 119
(d) state the actions, if any, that may be taken by the1
licensee in order for the suspension to be ended early;2
and3
(e) state that the licensee can request the CEO to reconsider4
the decision under section 192(1).5
(4) In addition to suspending the licence under this section, the6
CEO may require the licensee to do 1 or more of the following7
things by giving written notice of the requirement to the8
licensee —9
(a) if safe and appropriate, continue time-sensitive ART10
procedures until each ART participant can be safely11
transferred to the care of another licensee;12
(b) transfer, in a timely manner, any clients, records or other13
information or stored reproductive material or embryos14
to an appropriate entity that is to provide an ART15
service in place of the licensee;16
(c) provide specified information, in a specified way, to17
persons potentially affected by the suspension;18
(d) take a prescribed action.19
183. Ending suspension early20
(1) The CEO may end the suspension of a licence under this21
Subdivision early if satisfied that the grounds for the suspension22
have been appropriately addressed.23
(2) If the CEO decides to end the suspension early, the CEO must24
give the licensee written confirmation of the earlier day on25
which the suspension ends.26
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 8 Disciplinary action
s. 184
page 120
Subdivision 3 — Cancellation1
184. Grounds for cancelling licence2
The CEO may cancel a licence if —3
(a) the licensee is found guilty of an offence under this Act;4
or5
(b) for a licence that is suspended — the CEO is satisfied6
that the licensee has failed to comply with a requirement7
imposed on the licensee under section 180(4) or 182(4);8
or9
(c) the licensee ceased providing ART services without10
surrendering its licence under section 172 and there is11
no interim licensee providing ART services under the12
licence; or13
(d) the licensee became unable to provide ART services14
under its licence, other than because its licence is15
suspended or cancelled, without notifying the CEO as16
required under section 188(2) and there is no interim17
licensee providing ART services under the licence; or18
(e) the CEO believes on reasonable grounds that the19
continued provision of ART services by the licensee20
presents an unacceptable risk to the health, safety or21
wellbeing of persons provided with those services; or22
(f) the CEO believes on reasonable grounds that the23
continued storage of reproductive material or embryos24
by the licensee presents an unacceptable risk to the25
safety or viability of the reproductive material or26
embryos; or27
(g) the CEO has formed the opinion that a person with28
management or control of the licensee is not a fit and29
proper person.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Disciplinary action Division 8
s. 185
page 121
185. Show cause notice for proposed cancellation1
(1) If the CEO proposes to cancel a licence, the CEO must give a2
written notice (the show cause notice) to the licensee at least3
14 days before the cancellation is proposed to take effect.4
(2) The show cause notice must state —5
(a) that the CEO proposes to cancel the licence; and6
(b) the grounds on which the CEO relies for cancelling the7
licence; and8
(c) that the licensee may respond to the show cause notice9
in writing given to the CEO within 7 days after10
receiving the notice.11
186. Response to show cause notice12
(1) This section applies if a licensee receives a show cause notice13
under section 185(1) about a proposed cancellation.14
(2) Within 7 days after receiving the notice, the licensee may give15
the CEO —16
(a) written evidence or information to dispute the grounds17
for the proposed cancellation; or18
(b) a written undertaking to remedy the matter constituting,19
or each matter contributing to, the grounds for the20
proposed cancellation and the timeframe for doing so.21
187. Decision on cancellation22
(1) After giving a licensee a show cause notice under section 185(1)23
and considering all evidence, information and undertakings24
provided by the licensee under section 186, the CEO must25
decide to —26
(a) take no further action; or27
(b) accept an undertaking provided by the licensee instead28
of proceeding with the cancellation; or29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 8 Disciplinary action
s. 187
page 122
(c) suspend the licence instead of proceeding with the1
cancellation; or2
(d) cancel the licence.3
(2) As soon as practicable after making a decision under4
subsection (1), the CEO must give written notice of the decision5
to the licensee.6
(3) If the decision is to suspend or cancel the licence, the notice7
must —8
(a) state that the CEO has decided to suspend or cancel the9
licence; and10
(b) include a statement of reasons for the decision; and11
(c) if the decision is to suspend the licence, state —12
(i) the period of the suspension; and13
(ii) the actions, if any, that may be taken by the14
licensee in order for the suspension to be ended15
early;16
and17
(d) if the decision is to cancel the licence — state the day on18
which the cancellation takes effect; and19
(e) state that the licensee can request the CEO to reconsider20
the decision under section 192(1).21
(4) In addition to cancelling or suspending the licence, the CEO22
may require the licensee or former licensee to do 1 or more of23
the following things by giving written notice of the requirement24
to the licensee —25
(a) if safe and appropriate, continue time-sensitive ART26
procedures until each ART participant can be safely27
transferred to the care of another licensee;28
(b) transfer, in a timely manner, any clients, records or other29
information or stored reproductive material or embryos30
to an appropriate entity that is to provide an ART31
service in place of the licensee;32
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Interim licensee Division 9
s. 188
page 123
(c) provide specified information, in a specified way, to1
persons potentially affected by the suspension or2
cancellation;3
(d) take a prescribed action.4
Division 9 — Interim licensee5
188. Licensee unable to provide ART services6
(1) This section applies if a licensee is unable to provide ART7
services (the affected services) under its licence (the affected8
licence) other than because its licence is suspended or9
cancelled.10
(2) The licensee must notify the CEO, in the approved form, within11
7 days after the day on which the licensee becomes unable to12
provide the affected services.13
(3) The licensee is taken to have complied with subsection (2) if14
either of the following persons notifies the CEO as required15
under that subsection on behalf of the licensee —16
(a) the legal representative of the licensee;17
(b) if the licensee is an individual — any next of kin of the18
licensee.19
189. Interim licensee to temporarily continue ART services20
(1) In this section —21
affected licence has the meaning given in section 188(1);22
affected services has the meaning given in section 188(1).23
(2) Subsection (3) applies if —24
(a) the CEO receives a notice under section 188(2); or25
(b) the CEO is otherwise satisfied that the circumstances26
referred to in subsection 188(1) exist.27