Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 10 Review of decisions
s. 190
page 124
(3) The CEO may authorise a person (the interim licensee) to1
continue to provide the affected services in place of the licensee2
if the CEO is satisfied that —3
(a) the licensee is unable to provide the affected services;4
and5
(b) the interim licensee is able to provide the affected6
services in a safe manner.7
(4) The authorisation must —8
(a) be in writing; and9
(b) be given to the interim licensee; and10
(c) state —11
(i) the period (the term) for which the authorisation12
is in effect; and13
(ii) the conditions, if any, that apply to the14
authorisation.15
(5) While the authorisation is in effect, the interim licensee is taken16
to be the licensee for the affected licence.17
(6) Before the end of the term for the authorisation, the interim18
licensee must —19
(a) apply under Division 2 for a licence to provide the20
affected services; or21
(b) surrender the affected licence under section 172.22
Division 10 — Review of decisions23
Subdivision 1 — Internal reconsideration24
190. Terms used25
In this Division —26
affected person has the meaning given in section 191(2);27
reviewable decision has the meaning given in section 191(1).28
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Review of decisions Division 10
s. 191
page 125
191. Decisions of CEO that may be reviewed1
(1) A decision mentioned in column 1 of the Table is a reviewable2
decision.3
(2) A person listed in column 2 of the Table opposite a reviewable4
decision is the affected person for the decision.5
Table6
Reviewable decision Affected person
Grant of licence with
condition under
section 157(2)(b)
The applicant for the
licence
Refusal to grant licence
under section 157(2)(c)
The applicant for the
licence
Renewal of licence with
new condition or amended
condition under
section 163(2)(b)
The licensee
Refusal to renew licence
under section 163(2)(c)
The licensee
Variation of licence with
new condition or amended
condition under
section 168(2)(b)
The licensee
Refusal to vary licence
under section 168(2)(c)
The licensee
Amend discretionary
condition of, or impose new
condition on, licence under
section 176(1)
The licensee
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 10 Review of decisions
s. 192
page 126
Reviewable decision Affected person
Suspension of licence under
section 180(1)(c) or 182(2)
The licensee
Cancellation of licence
under section 187(1)(d)
The licensee
Giving compliance notice
under section 224(2)
The licensee
(3) If the CEO fails to decide an application made under this Part1
by the end of the period within which the CEO is required to2
decide the application under this Part, the failure is taken to be a3
decision, made on the day after the period ends, to refuse the4
application.5
192. Affected person may apply for reconsideration of decision6
(1) An affected person may, in the approved form, request the CEO7
to reconsider a reviewable decision for the person.8
(2) The request must be made within 10 business days, or a longer9
period allowed by the CEO, after —10
(a) the day on which the CEO gives the affected person11
notice of the reviewable decision; or12
(b) if the CEO fails to make a decision — the day on which13
the CEO is taken to have made the decision under14
section 191(3).15
(3) The request must —16
(a) state the decision that the affected person wants the17
CEO to make after reconsidering the reviewable18
decision; and19
(b) outline why that decision should be made.20
Section retrieval-0013 - Assisted Reproductive Technology and Surrogacy Bill 2025 - Document excerpt 13 | Zoe
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Review of decisions Division 10
s. 193
page 127
(4) The CEO may request the affected person to provide the CEO1
with any further information the CEO considers necessary for2
conducting the reconsideration.3
193. Decision on reconsideration4
(1) This section applies if an affected person requests the CEO to5
reconsider a reviewable decision.6
(2) Within the prescribed period (the reconsideration period) after7
receiving the request, the CEO must reconsider the reviewable8
decision and —9
(a) confirm the decision; or10
(b) amend the decision; or11
(c) set aside the decision and make a new decision.12
(3) If the CEO requests further information under section 192(4),13
the reconsideration period is extended by the number of days14
between the request being made and the CEO receiving all the15
requested information.16
(4) Within 10 business days after the day on which the CEO17
reconsiders the reviewable decision, the CEO must give written18
notice to the affected person of the result of the reconsideration.19
(5) If the CEO does not make the decision sought by the affected20
person, the notice must —21
(a) include a statement of reasons for the decision; and22
(b) state that the affected person may apply to the State23
Administrative Tribunal for a review of the decision.24
(6) A failure of the CEO to reconsider the reviewable decision25
within the reconsideration period is taken to be a decision to26
confirm the original decision made on the day after the27
reconsideration period ends.28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 11 Miscellaneous
s. 194
page 128
Subdivision 2 — External review1
194. Application to State Administrative Tribunal for external2
review3
A person aggrieved by a decision made, or taken to be made, by4
the CEO under section 193 may apply to the State5
Administrative Tribunal for a review of the decision.6
Division 11 — Miscellaneous7
195. Provision of ART services by health service provider8
(1) A health service provider that provides an ART service is9
exempt from the requirement to hold a licence under section 19.10
(2) A health service provider that provides an ART service has the11
obligations of a licensee under this Act.12
Division 12 — Offences13
196. Compliance with licence conditions14
A licensee must comply with the conditions of its licence.15
Penalty: imprisonment for 2 years and a fine of $50 000.16
197. Failure to comply with requirements imposed as part of17
disciplinary action or surrender18
(1) In this section —19
licensee includes a former licensee.20
(2) This section applies if the CEO —21
(a) requires a licensee to do stated things under22
section 172(4), 173(2), 180(4), 182(4) or 187(4); and23
(b) gives to the licensee a notice stating the things the24
licensee is required to do.25
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Offences Division 12
s. 198
page 129
(3) The licensee must not, without reasonable excuse, fail to do the1
things stated in the notice.2
Penalty for this subsection: a fine of $50 000.3
198. Failure to notify reportable events4
(1) A licensee must, in the approved form, notify the CEO of either5
of the following events (each a reportable event) within the6
period required by subsection (2) —7
(a) the death of an ART participant if an ART procedure is8
a direct cause of, or contributing factor for, the death;9
(b) a prescribed event that may cause significant harm to an10
ART participant, a person born as a result of an ART11
procedure, an embryo or reproductive material.12
Penalty for this subsection: a fine of $10 000.13
(2) The notice of the reportable event must be made —14
(a) in the case of the death of an ART participant — within15
48 hours after the death; or16
(b) in the case of a prescribed event — within the prescribed17
period for the event.18
199. Notice of changes affecting person with management or19
control20
(1) This section applies if a licensee becomes aware of a change in21
circumstance that may affect whether a person with22
management or control of the licensee is a fit and proper person.23
(2) The licensee must, in the approved form, notify the CEO of the24
change as soon as practicable after becoming aware of the25
change.26
Penalty for this subsection: a fine of $10 000.27
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 7 Licensing of ART services
Division 12 Offences
s. 200
page 130
200. False or misleading information in licensing application1
A person must not provide information in an application made2
under this Part knowing it to be false or misleading in a material3
particular.4
Penalty: a fine of $25 000.5
201. Advertising6
A licensee must not engage in false or misleading advertising in7
relation to an ART service provided by the licensee.8
Penalty: a fine of $25 000.9
202. Embryo unviable due to failure to follow policies and10
procedures11
A licensee commits an offence if an embryo stored by the12
licensee becomes unviable because the licensee, or any staff or13
contractor of the licensee, fails to comply with the licensee’s14
policies and procedures.15
Penalty: imprisonment for 2 years and a fine of $25 000.16
203. CEO may require licensee to publish or provide information17
(1) The CEO may direct a licensee to publish information in18
accordance with subsection (2) on the following matters —19
(a) the ART procedures performed as part of ART services20
provided by the licensee and the outcomes arising from21
the procedures;22
(b) any enforcement action taken against the licensee by the23
Department under Part 9;24
(c) where and how to lodge complaints against the licensee;25
(d) any prescribed matter.26
(2) The CEO may specify the following requirements regarding27
how the licensee is to publish the information —28
(a) the content and format of the information;29
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Offences Division 12
s. 204
page 131
(b) places where the information must be made available;1
(c) the period for which the information must be made2
available;3
(d) other prescribed requirements.4
(3) The CEO may direct a licensee to provide information directly5
to a specific person or group of persons.6
(4) A licensee must comply with a direction given to the licensee7
under this section.8
Penalty for this subsection: a fine of $5 000.9
204. Licensee to provide certain information if directed by CEO10
(1) The CEO may direct a licensee to provide information to the11
CEO for any of the following purposes —12
(a) ensuring compliance with this Act;13
(b) ensuring the health, safety and wellbeing of the14
following persons —15
(i) a person born as a result of an ART procedure;16
(ii) an ART participant;17
(iii) a contributing parent of reproductive material;18
(iv) an intended parent of an embryo or in relation to19
an ART procedure;20
(v) a donor of reproductive material or an embryo;21
(c) a prescribed purpose.22
(2) A licensee must provide information in accordance with a23
direction under subsection (1) within the period specified by the24
CEO.25
Penalty for this subsection: a fine of $10 000.26
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 8 Investigation
Division 1 Preliminary
s. 205
page 132
Part 8 — Investigation1
Division 1 — Preliminary2
205. Terms used3
In this Part —4
entry warrant means an entry warrant issued under5
section 219(1);6
place means any land, building, structure, tent or vehicle;7
vehicle means any thing capable of transporting people or things8
by air, road, rail or water, irrespective of whether the thing is9
permanently or semi-permanently stationary.10
Division 2 — Authorised officers11
206. Appointment of authorised officers12
(1) The CEO may, by instrument in writing, appoint an employee in13
the Department as an authorised officer for the purposes of this14
Act.15
(2) A person may be appointed as an authorised officer for a fixed16
or indefinite period.17
(3) The CEO may, by instrument in writing, revoke an appointment18
at any time.19
207. CEO has functions of authorised officer20
The CEO —21
(a) has and may perform all of the functions of an22
authorised officer; and23
(b) when performing those functions, has all the powers and24
immunities of an authorised officer.25
Assisted Reproductive Technology and Surrogacy Bill 2025
Investigation Part 8
Authorised officers Division 2
s. 208
page 133
208. Identity cards1
(1) The CEO must give each authorised officer an identity card.2
(2) An identity card must —3
(a) identify the person as an authorised officer; and4
(b) contain a recent photograph of the person.5
(3) An authorised officer must carry the authorised officer’s6
identity card at all times when exercising powers or performing7
functions as an authorised officer.8
(4) A person who, without a reasonable excuse, fails to return the9
person’s identity card to the CEO within 14 days after ceasing10
to be an authorised officer commits an offence.11
Penalty for this subsection: a fine of $1 000.12
209. Production and display of identity card13
(1) An authorised officer may exercise a power in relation to a14
person only if —15
(a) the authorised officer first produces the authorised16
officer’s identity card for the person’s inspection; or17
(b) the authorised officer has the identity card displayed so18
it is clearly visible to the person.19
(2) However, if for any reason it is not practicable to comply with20
subsection (1) before exercising the power, the authorised21
officer may exercise the power and then produce the identity22
card for inspection by the person at the first reasonable23
opportunity.24
210. Limitation on powers of authorised officers25
(1) The powers of an authorised officer may be limited in 1 or more26
of the following ways —27
(a) under a regulation;28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 8 Investigation
Division 3 Investigations
s. 211
page 134
(b) under a limitation or condition specified in the person’s1
instrument of appointment as an authorised officer;2
(c) by written notice given by the CEO to the authorised3
officer.4
(2) The CEO may revoke or vary a limitation or condition referred5
to in subsection (1)(b) or a notice referred to in6
subsection (1)(c).7
Division 3 — Investigations8
211. Investigations: purpose and procedure9
An investigation may be carried out for either or both of the10
following purposes —11
(a) monitoring whether this Act is being complied with;12
(b) investigating a suspected contravention of this Act.13
212. Entry powers14
(1) For the purposes of carrying out an investigation, an authorised15
officer may at any reasonable time enter and remain in or on16
any of the following —17
(a) a place in or on which the authorised officer has18
reasonable grounds to believe that there are records19
relevant to an investigation;20
(b) premises stated on a licence;21
(c) premises specified in an authorisation given under22
section 29(1);23
(d) a place in or on which the authorised officer has24
reasonable grounds to believe that a contravention of25
this Act has happened, is happening or is likely to26
happen.27
(2) An authorised officer is not entitled under this section to enter28
any part of a place that is used for residential purposes unless —29
(a) the occupier of the premises consents; or30
Assisted Reproductive Technology and Surrogacy Bill 2025
Investigation Part 8
Investigations Division 3
s. 213
page 135
(b) the authorised officer has the authority of an entry1
warrant.2
(3) An authorised officer is not entitled under this section to enter3
any part of a place in which a person is currently undergoing an4
ART procedure unless the occupier of the premises and the5
person consent.6
213. Powers after entry for investigation7
(1) An authorised officer who enters a place under section 212(1) or8
under the authority of an entry warrant may, for the purposes of9
an investigation, do any of the following —10
(a) inspect the place and any thing at the place;11
(b) search the place and any thing at the place;12
(c) examine, measure, test, photograph or film the place and13
any thing at the place;14
(d) operate a computer or other thing at the place;15
(e) take any thing, or sample of or from a thing, at the place16
for analysis or testing;17
(f) make a copy of, take an extract from, or download or18
print out, any record that the authorised officer suspects19
on reasonable grounds is relevant to the investigation;20
(g) seize any thing that is or may afford evidence of a21
contravention of this Act;22
(h) secure against interference a thing found in or on the23
place that cannot be conveniently removed;24
(i) seize a record that the authorised officer suspects on25
reasonable grounds is relevant to the investigation and26
retain it for as long as is necessary for the purposes of27
this Act;28