Assisted Reproductive Technology and Surrogacy Bill 2025
Part 8 Investigation
Division 3 Investigations
s. 213
page 136
(j) direct a person who is at the place to do any of the1
following —2
(i) state the person’s full name, date of birth, the3
address of where the person is living and the4
address of where the person usually lives;5
(ii) answer (orally or in writing) questions asked by6
the authorised officer;7
(iii) produce records that are relevant to the8
investigation and are in the person’s custody or9
under the person’s control;10
(iv) operate a computer or other thing at the place;11
(v) provide access (free of charge) to photocopying12
equipment at the place to enable the copying of13
documents;14
(vi) give the authorised officer a translation, code,15
password or other information necessary to gain16
access to or interpret and understand a record;17
(vii) give other assistance the authorised officer18
reasonably requires.19
(2) An authorised officer who enters a place under section 212(1) or20
under the authorisation of an entry warrant is entitled under this21
section to seize any records or other information relating to any22
of the following —23
(a) a person born as a result of an ART procedure;24
(b) an ART participant;25
(c) a contributing parent of reproductive material;26
(d) an intended parent of an embryo or in relation to an27
ART procedure;28
(e) a donor of reproductive material or an embryo.29
(3) If an authorised officer takes any thing away from the place, the30
authorised officer must give the occupier of the place a receipt31
for the thing.32
Assisted Reproductive Technology and Surrogacy Bill 2025
Investigation Part 8
Investigations Division 3
s. 214
page 137
214. Obtaining information and documents1
(1) An authorised officer may, for the purposes of an investigation,2
do any of the following —3
(a) direct a person to give such information as the4
authorised officer requires in relation to any matter the5
subject of the investigation;6
(b) direct a person to answer a question put to the person in7
relation to any matter the subject of the investigation;8
(c) direct a person to produce a record that is relevant to the9
investigation and is in the person’s custody or under the10
person’s control;11
(d) examine and make a copy of a record produced in12
response to a direction under paragraph (c).13
(2) A direction under subsection (1)(a) or (b) —14
(a) must specify the time at, or period within which, the15
information or answer is to be given; and16
(b) may require the information or answer —17
(i) to be given orally or in writing; or18
(ii) to be given at or delivered to a place specified in19
the direction; or20
(iii) in the case of written information or a written21
answer — to be delivered by means specified in22
the direction; or23
(iv) to be verified by statutory declaration.24
(3) A direction under subsection (1)(c) —25
(a) must be in writing given to the person required to26
produce the record; and27
(b) must specify the time at, or period within which, the28
record is to be produced; and29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 8 Investigation
Division 3 Investigations
s. 215
page 138
(c) may require that the record be produced —1
(i) at a place specified in the direction; and2
(ii) by any means specified in the direction.3
215. Use of force and assistance4
(1) An authorised officer may use assistance and force that is5
reasonably necessary in the circumstances when exercising a6
power under this Act.7
(2) An authorised officer may request a police officer or other8
person to assist the authorised officer in exercising powers9
under this Act.10
(3) A person, while assisting an authorised officer at the request of11
the authorised officer and in accordance with this Act —12
(a) has the same powers as those conferred on an authorised13
officer, other than the power in subsection (2); and14
(b) is subject to the same responsibilities as an authorised15
officer; and16
(c) has the same protection from liability as an authorised17
officer.18
(4) Section 210 applies in relation to a person assisting an19
authorised officer as if the person were an authorised officer.20
(5) Nothing in this section derogates from the powers of a police21
officer.22
216. Obstruction23
(1) A person who hinders or obstructs the CEO, an authorised24
officer or a person assisting an authorised officer commits an25
offence.26
Penalty for this subsection: a fine of $15 000.27
Assisted Reproductive Technology and Surrogacy Bill 2025
Investigation Part 8
Entry warrants Division 4
s. 217
page 139
(2) It is a defence to a charge of an offence against subsection (1) in1
relation to an authorised officer to prove —2
(a) that the authorised officer did not show the authorised3
officer’s identity card to the person or did not otherwise4
identify themself to the person as an authorised officer;5
and6
(b) that the person did not otherwise know that the7
authorised officer was an authorised officer.8
217. Directions generally9
(1) Except as otherwise stated in this Division, a direction under10
this Division may be given orally or in writing.11
(2) A person given a direction under this Division who, without12
reasonable excuse, fails to comply with the direction commits13
an offence.14
Penalty for this subsection: a fine of $15 000.15
Division 4 — Entry warrants16
218. Warrant to enter place17
(1) An authorised officer may apply to a magistrate for an entry18
warrant authorising the authorised officer to enter a place for the19
purposes of an investigation.20
(2) An authorised officer may apply for an entry warrant for a place21
even if, under this Act, the authorised officer may enter the22
place without an entry warrant.23
(3) The application must be made in accordance with the Criminal24
Investigation Act 2006 section 13, and section 13(8) of that Act25
applies in relation to the entry warrant.26
(4) An application for an entry warrant must —27
(a) describe with reasonable particularity the place to be28
entered; and29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 8 Investigation
Division 4 Entry warrants
s. 219
page 140
(b) state that the authorised officer has reasonable grounds1
for believing that entry to the place is necessary for the2
purposes of an investigation; and3
(c) state the purposes for which entry to the place is4
required; and5
(d) include any prescribed information.6
219. Issue of entry warrant7
(1) A magistrate to whom an application is made under section 2188
may issue an entry warrant if satisfied that there are reasonable9
grounds for believing that entry and inspection of the place are10
necessary for the purposes of an investigation.11
(2) An entry warrant must contain the following information —12
(a) a reasonably particular description of the place to which13
it relates;14
(b) a reasonably particular description of the purposes for15
which entry to the place is required;16
(c) the period, not exceeding 7 days, in which it may be17
executed;18
(d) the name of the magistrate who issued it;19
(e) the date and time when it was issued.20
220. Effect of entry warrant21
(1) An entry warrant has effect according to its content and this22
section.23
(2) An entry warrant comes into force when it is issued by a24
magistrate.25
(3) An entry warrant authorises the authorised officer executing the26
warrant to, during the period of the warrant —27
(a) enter the place described in the warrant; and28
(b) exercise the powers referred to in section 213.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Investigation Part 8
Seized things and forfeiture Division 5
s. 221
page 141
221. Execution of entry warrant1
(1) An entry warrant may be executed by the authorised officer to2
whom it is issued or by any other authorised officer.3
(2) An authorised officer executing an entry warrant must, at the4
reasonable request of a person apparently in charge of the place,5
produce the warrant.6
Division 5 — Seized things and forfeiture7
222. Forfeiture on conviction8
(1) On the conviction of a person for an offence under this Act, the9
court may order the forfeiture to the State of any thing that was10
the subject of, used in or otherwise involved in, the commission11
of the offence.12
(2) The court may make the order —13
(a) whether or not the thing was seized in the course of the14
investigation of the offence; and15
(b) if the thing was seized, whether or not it has been16
returned to its owner.17
(3) The court may make any order it considers appropriate to18
enforce the forfeiture.19
223. Disposal of seized and forfeited property20
The Department, when assisting the Minister in the21
administration of this Act, is a prescribed agency for the22
purposes of the Criminal and Found Property Disposal23
Act 2006.24
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 9 Enforcement
Division 1 Compliance notices
s. 224
page 142
Part 9 — Enforcement1
Division 1 — Compliance notices2
224. CEO may give compliance notice for contravention of Act3
(1) This section applies if the CEO believes on reasonable grounds4
that a licensee —5
(a) is contravening a provision of this Act; or6
(b) has contravened a provision of this Act in circumstances7
that make it likely the contravention will be repeated.8
(2) The CEO may, by giving the licensee a notice (a compliance9
notice), require the licensee to remedy the contravention or to10
prevent a further contravention.11
(3) The compliance notice must —12
(a) be in writing; and13
(b) specify the provision of this Act (the relevant provision)14
that the CEO believes is being, or has been,15
contravened; and16
(c) state, briefly, how it is believed the relevant provision is17
being, or has been, contravened; and18
(d) specify the measures (the remedial action) that must be19
taken to remedy the contravention, or to prevent a20
further contravention, of the relevant provision; and21
(e) specify the date by which the remedial action must be22
taken; and23
(f) state that a failure to comply with the compliance notice24
is an offence under this Act and grounds for taking25
disciplinary action under Part 7 Division 8; and26
(g) state that the licensee can, under section 192(1), request27
the CEO to reconsider the decision to give the28
compliance notice.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Enforcement Part 9
Liability of certain persons Division 2
s. 225
page 143
(4) The date specified under subsection (3)(e) must not be earlier1
than 7 days after the day on which the compliance notice is2
given to the licensee.3
(5) The CEO may, by written notice given to the licensee, amend or4
cancel the compliance notice.5
225. Failure to comply with compliance notice6
(1) In this section —7
remedial action has the meaning given in section 224(3)(d).8
(2) A licensee given a compliance notice must not, without9
reasonable excuse, fail to take the remedial action stated in the10
compliance notice by the date by which the remedial action11
must be taken.12
Penalty for this subsection: a fine of $50 000.13
Division 2 — Liability of certain persons14
226. Liability of officers for offence by body corporate15
The Criminal Code section 39 (which provides for the criminal16
liability of officers of a body corporate) applies to an offence17
under a provision of this Act listed in the Table.18
Table19
s. 19(1) s. 24(1) and (2)
s. 25(1) and (2) s. 26(2) and (4)
s. 66 s. 92(2)
s. 93(2) s. 94
s. 111 s. 149
s. 202
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 9 Enforcement
Division 3 Legal proceedings
s. 227
page 144
227. Liability of members of partnership for acts of other1
members of partnership2
(1) If a member of a partnership is alleged to have committed an3
offence under this Act, every person who was a member of the4
partnership at the time of the alleged offence may be charged5
with the offence whether or not the person who is alleged to6
have committed the offence is charged with the offence.7
(2) Subject to subsection (3), a member of a partnership is taken to8
have committed an offence if —9
(a) the member of a partnership is charged with the offence10
as permitted under subsection (1); and11
(b) it is proved that another member of the partnership12
committed the offence.13
(3) If a member of a partnership is charged as permitted under14
subsection (1), it is a defence for the member to prove that —15
(a) the offence was committed without the member’s16
knowledge, authority or consent; and17
(b) the member took all the measures to prevent the18
commission of the offence that the member could19
reasonably be expected to have taken, having regard to20
all the circumstances.21
Division 3 — Legal proceedings22
228. Who may commence proceedings for simple offence23
A prosecution for a simple offence under this Act may be24
commenced only by the CEO or a person authorised by the25
CEO to do so.26
229. Time limit for prosecution of simple offence27
(1) A prosecution for a simple offence under this Act must be28
commenced within 2 years after the day on which the offence is29
alleged to have been committed.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Enforcement Part 9
Legal proceedings Division 3
s. 230
page 145
(2) However, if a prosecution notice alleging an offence specifies1
the day on which evidence of the alleged offence first came to2
the attention of a person authorised under section 228 to3
commence the prosecution —4
(a) the prosecution may be commenced within 2 years after5
that day; and6
(b) the prosecution notice need not contain particulars of the7
day on which the offence is alleged to have been8
committed.9
(3) The day on which evidence first came to the attention of a10
person authorised under section 228 to commence a prosecution11
is, in the absence of evidence to the contrary, the day specified12
in the prosecution notice.13
230. Averments in prosecution documents14
In a prosecution for an offence under this Act, an averment as to15
any of the following matters in the prosecution notice or16
indictment is evidence of the matters averred —17
(a) that a substance referred to in the prosecution notice or18
indictment was or contained reproductive material or an19
embryo as specified;20
(b) that a person named in the prosecution notice or21
indictment was or was not, on a specified date —22
(i) a licensee; or23
(ii) a person with management or control of a24
licensee; or25
(iii) a person who is licensed to provide any specified26
ART service; or27
(iv) the holder of an authorisation given under28
section 189(3); or29
(v) an employee of a specified licensee; or30
(vi) an authorised officer appointed for the purpose31
of this Act;32
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 9 Enforcement
Division 3 Legal proceedings
s. 231
page 146
(c) that specified premises named in the prosecution notice1
or indictment were or were not, on a specified date,2
premises to which a specified licence relates;3
(d) that a licence referred to in the prosecution notice or4
indictment was, on a specified date —5
(i) subject to specified conditions; or6
(ii) suspended or cancelled.7
231. Court to notify CEO of conviction of offence under Act8
If any court convicts a person of an offence under this Act, the9
registrar of the court must notify the CEO of the conviction and10
the penalty imposed.11
Assisted Reproductive Technology and Surrogacy Bill 2025
Assisted Reproductive Technology Advisory and Review
Board
Part 10
Establishment Division 1
s. 232
page 147
Part 10 — Assisted Reproductive Technology Advisory1
and Review Board2
Division 1 — Establishment3
232. Board established4
A body called the Assisted Reproductive Technology Advisory5
and Review Board is established.6
233. Status7
The Board is an agent of the Crown and has the status,8
immunities and privileges of the Crown.9
Division 2 — Functions and powers10
234. Functions of Board11
The Board has the following functions —12
(a) to provide to the Minister or the CEO, on its own13
initiative or on request —14
(i) information about the regulation of ART15
procedures; and16
(ii) advice about the medical, social, scientific, legal17
and ethical issues associated with ART18
procedures;19
(b) to provide guidance to licensees, if requested, on any of20
the following —21
(i) matters relating to potential surrogacy22
arrangements;23
(ii) matters relating to the provision of ART24
services;25
(iii) matters of concern raised by an employee of a26
licensee;27
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 10 Assisted Reproductive Technology Advisory and Review
Board
Division 3 Staff and assistance
s. 235
page 148
(c) to provide to the CEO recommendations about genetic1
conditions, diseases or abnormalities that can be added2
to the list approved under section 65;3
(d) to consider and decide applications made to the Board4
under this Act;5
(e) to perform any other function given to the Board under6
this Act.7
235. Powers of Board8
The Board has all the powers it needs to perform its functions.9
Division 3 — Staff and assistance10
236. Staff and services11
The CEO must ensure that the Board is provided with the staff,12
resources and support that are reasonably necessary to enable it13
to perform its functions.14
237. Assistance15
(1) The Board may, with the approval of the Minister, invite any16
person with special knowledge, experience or skills to assist the17
Board in a particular matter.18
(2) A person who has been invited to assist the Board may attend19
meetings of the Board and participate in its deliberations but20
cannot vote at a meeting.21
Division 4 — Accountability22
238. Minister may give directions23
(1) The Minister may give written directions to the Board with24
respect to the performance of its functions, and the Board must25
give effect to any such direction.26