Assisted Reproductive Technology and Surrogacy Bill 2025
Administration Part 11
s. 270
page 161
270. Annual report on operation of Act1
(1) The CEO must, no later than 28 September in each year, prepare2
and give to the Minister a report on the operation of this Act3
during the preceding financial year.4
(2) The report must include the following —5
(a) an overview of the businesses that provide ART6
services, including the number of licensees;7
(b) an overview of any enforcement action taken under8
Part 9;9
(c) the prescribed information.10
(3) The Minister may direct the CEO to include information about11
specified matters in the report.12
(4) The report may include any matters that the CEO considers13
appropriate.14
(5) The report must not include —15
(a) personal information about any of the following16
persons —17
(i) a person born as the result of an ART procedure;18
(ii) a person who underwent an ART procedure or19
another person who is an intended parent in20
relation to the procedure;21
(iii) a donor of reproductive material or an embryo;22
(iv) a contributing parent of reproductive material;23
(v) an intended parent under a surrogacy24
arrangement;25
(vi) a person who performs or supervises an ART26
procedure;27
or28
(b) information that may prejudice any criminal or civil29
proceeding.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 11 Administration
s. 270
page 162
(6) The report must be —1
(a) combined with another annual report of the Department2
required to be submitted to the Minister under the3
Financial Management Act 2006 Part 5; or4
(b) published on a website maintained by or on behalf of the5
Department no later than 1 December of the year in6
which it is prepared.7
Assisted Reproductive Technology and Surrogacy Bill 2025
Miscellaneous Part 12
s. 271
page 163
Part 12 — Miscellaneous1
271. Regulations2
(1) The Governor may make regulations prescribing matters —3
(a) required or permitted by this Act to be prescribed: or4
(b) necessary or convenient to be prescribed for giving5
effect to this Act.6
(2) Without limiting subsection (1), the regulations may provide for7
the following —8
(a) fees and charges payable in relation to any matter under9
this Act and the recovery of those fees and charges;10
(b) the information to be set out in licences;11
(c) requirements for the performance or supervision of ART12
procedures;13
(d) matters relating to —14
(i) the authorisation of health practitioners to15
perform ART procedures; and16
(ii) authorised practitioners performing ART17
procedures;18
(e) requirements and obligations of licensees when19
obtaining consent for ART services;20
(f) requirements for storing reproductive material and21
embryos;22
(g) reporting requirements for a licensee given a compliance23
notice;24
(h) reporting requirements for licensees given a notice25
requiring the licensee to do stated things under26
section 172(4), 180(4), 182(4) or 187(4);27
(i) requirements for licensees to report to the CEO;28
(j) requirements for applications made to the Board for29
approvals under this Act, including, for example, any30
fees for the applications.31
Section retrieval-0016 - Assisted Reproductive Technology and Surrogacy Bill 2025 - Document excerpt 16 | Zoe
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 12 Miscellaneous
s. 272
page 164
(3) The regulations may provide that contravention of a regulation1
is an offence, and provide, for an offence against the2
regulations, a penalty not exceeding a fine of $25 000.3
272. Regulations may adopt medical codes4
(1) In this section —5
medical code means a code, code of practice, quality assurance6
scheme, standard or specification, published in or outside7
Australia, that —8
(a) does not by itself have legislative effect in the State; and9
(b) relates to ART services, the use of medical products or10
the provision of health services.11
(2) The regulations may adopt, either wholly or in part, any medical12
code.13
(3) The adoption may be by incorporating the medical code in the14
regulations or by reference.15
(4) If the regulations adopt a medical code by reference —16
(a) the medical code is adopted as existing or in force when17
the regulations are made; and18
(b) any amendments made to the medical code after the19
regulations are made have no legal effect as part of the20
regulations unless they are specifically adopted by later21
regulations or a later amendment to the regulations.22
(5) If the regulations adopt a medical code by reference, the CEO23
must ensure that —24
(a) a copy of the medical code, as adopted in the25
regulations, is available, without charge, for public26
inspection; and27
(b) if any part of the medical code is in a language other28
than English — an accurate English translation is also29
available, without charge, for public inspection; and30
Assisted Reproductive Technology and Surrogacy Bill 2025
Miscellaneous Part 12
s. 273
page 165
(c) details of where a document mentioned in paragraph (a)1
or (b) may be inspected or obtained are published on a2
website maintained by or on behalf of the Department.3
273. Review of Act4
(1) The Minister must review the operation and effectiveness of this5
Act and prepare a report based on the review —6
(a) as soon as practicable after the 3rd anniversary of the day7
on which this section comes into operation; and8
(b) after that, at intervals of not more than 5 years.9
(2) A review must address whether this Act remains contemporary10
having regard to the effect of changes in science, technology,11
medical practice and societal views on the subject matter of this12
Act.13
(3) The Minister must cause the report to be laid before each House14
of Parliament as soon as practicable after it is prepared, but not15
later than 12 months after the expiry of the period in which the16
report is to be prepared under subsection (1)(a) or (b).17
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 13 Repeals
s. 274
page 166
Part 13 — Repeals1
274. Written laws repealed2
(1) These written laws are repealed —3
(a) the Artificial Conception Act 1985;4
(b) the Human Reproductive Technology Act 1991;5
(c) the Surrogacy Act 2008;6
(d) the Human Reproductive Technology Regulations 1993;7
(e) the Surrogacy Regulations 2009.8
(2) The Human Reproductive Technology Directions 2021 and the9
Surrogacy Directions 2022 are revoked.10
Assisted Reproductive Technology and Surrogacy Bill 2025
Transitional provisions Part 14
Preliminary Division 1
s. 275
page 167
Part 14 — Transitional provisions1
Division 1 — Preliminary2
275. Terms used3
(1) In this Part —4
commencement day means the day on which this section comes5
into operation;6
repealed, in relation to a written law, means the written law as7
in force immediately before its repeal by section 274.8
(2) A term used in this Part that is defined in a repealed written law9
has the same meaning in this Part as it has in that law.10
276. Interpretation Act 1984 not affected11
This Part is in addition to the Interpretation Act 1984 and does12
not limit or otherwise affect the operation of the provisions of13
that Act.14
277. Application to reproductive material collected, and embryos15
created, before commencement16
This Act applies in relation to reproductive material collected,17
or an embryo created, in an ART procedure performed before18
commencement day.19
Division 2 — Parentage of children of pregnancies resulting20
from ART procedures21
278. Recognition of parentage under repealed Artificial22
Conception Act 1985 continues23
(1) Part 3 Division 3 applies in relation to the parentage of a child24
regardless of whether a pregnancy mentioned in that Division25
was achieved, or an ART procedure mentioned in that Division26
was performed, before, on or after commencement day.27
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 14 Transitional provisions
Division 3 Matters related to assisted reproductive technology
procedures
s. 279
page 168
(2) This section does not affect the application of the Interpretation1
Act 1984 section 37 in relation to the repeal of the Artificial2
Conception Act 1985 and the operation of the repealed Act in3
relation to the parentage of a child.4
Division 3 — Matters related to assisted reproductive5
technology procedures6
279. Existing consents7
(1) If a person gave effective consent for something to be done in8
relation to human gametes under the repealed Human9
Reproductive Technology Act 1991 —10
(a) the human gametes the subject of the consent are taken11
to be reproductive material as defined in section 9(1);12
and13
(b) the consent is taken to be effective for the thing to be14
done in relation to the reproductive material for the15
purposes of section 50(2).16
(2) If a person gave effective consent for something to be done in17
relation to a human egg undergoing fertilisation, or a human18
embryo brought about by an in vitro fertilisation procedure,19
under the repealed Human Reproductive Technology20
Act 1991 —21
(a) the human egg or human embryo the subject of the22
consent is taken to be an embryo as defined in23
section 9(3) and (4); and24
(b) the consent is taken to be effective for the thing to be25
done in relation to the embryo for the purposes of26
section 50(2).27
(3) If a consent to which subsection (1) or (2) applies is for28
reproductive material or an embryo to be stored and the consent29
does not specify a period for which the material or embryo may30
be stored, the consent is taken to specify that the material or31
Assisted Reproductive Technology and Surrogacy Bill 2025
Transitional provisions Part 14
Matters related to assisted reproductive technology
procedures
Division 3
s. 280
page 169
embryo are to be stored for a period of 10 years after the day on1
which the consent was signed.2
280. Previous counselling3
Counselling undertaken pursuant to requirements under the4
Human Reproductive Technology Act 1991 or the Human5
Reproductive Technology Directions 2021 clause 5.8 is taken to6
be sufficient compliance with a requirement under this Act for7
counselling to have been received or to be provided or made8
available.9
281. Information provided before commencement day10
(1) This section applies if —11
(a) a licensee is required to provide a person with12
information under section 51(2)(c) before the person13
gives consent for something to be done as part of an14
ART service provided by the licensee; and15
(b) the information was provided to the person under the16
Human Reproductive Technology Directions 2021 Part 417
or the Surrogacy Directions 2022 clause 10 before18
commencement day.19
(2) The licensee is taken to have complied with section 51(2)(c) in20
relation to the person giving the consent.21
282. Existing approval of Council22
If the Council gave approval for a matter under the repealed23
Human Reproductive Technology Act 1991, and the approval is24
in force immediately before commencement day, the approval is25
taken to be approval given by the Board for the same matter26
under this Act.27
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 14 Transitional provisions
Division 4 Licensing of assisted reproductive technology services
s. 283
page 170
283. Pending applications for approval of Council1
(1) This section applies to an application made to the Council for2
approval of a matter under the repealed Human Reproductive3
Technology Act 1991 but not decided or withdrawn before4
commencement day.5
(2) If the matter is a matter that the Board can approve under this6
Act, the application is taken to be an application made to the7
Board under this Act.8
(3) The Board may decide the application under this Act.9
Division 4 — Licensing of assisted reproductive technology10
services11
284. Pending licence applications12
(1) This section applies to an application for a licence made under13
the Human Reproductive Technology Act 1991 section 29 but14
not decided or withdrawn before commencement day.15
(2) The application is taken to —16
(a) be an application for a licence made under section 153;17
and18
(b) comply with section 154(1).19
(3) The CEO may deal with the application under Part 7.20
285. Existing licences21
(1) This section applies to a licence issued under the Human22
Reproductive Technology Act 1991 and in force immediately23
before commencement day, regardless of whether the licence24
is —25
(a) a storage licence; or26
(b) a practice licence; or27
(c) both a storage licence and a practice licence.28
Assisted Reproductive Technology and Surrogacy Bill 2025
Transitional provisions Part 14
Licensing of assisted reproductive technology services Division 4
s. 286
page 171
(2) The licence continues in force as a licence under this Act —1
(a) issued on the same terms and in relation to the same2
premises; and3
(b) subject to the same conditions imposed on the licence by4
the CEO.5
(3) A condition of the licence mentioned in subsection (2)(b) is6
taken to be a discretionary condition of the licence.7
(4) A condition imposed on the licence by a provision of the8
Human Reproductive Technology Act 1991 has no effect.9
(5) Nothing in this section prevents the licence being suspended or10
cancelled under Part 7 Division 8.11
286. Existing exemptions for certain procedures12
(1) This section applies to an exemption deemed to have been13
issued, or specifically issued, under the Human Reproductive14
Technology Act 1991 section 28(1) and in force immediately15
before commencement day.16
(2) Section 19(1) does not apply to the medical practitioner who is17
subject to the exemption.18
(3) The CEO may take disciplinary action against the medical19
practitioner.20
(4) For the purpose of the CEO taking disciplinary action against21
the medical practitioner, the exemption is taken to be a licence22
and the medical practitioner is taken to be a licensee.23
287. Existing interim authorisations24
(1) An authorisation issued under the Human Reproductive25
Technology Act 1991 section 30 and in force immediately26
before commencement day is taken to be an authorisation by the27
CEO under section 189(3).28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 14 Transitional provisions
Division 4 Licensing of assisted reproductive technology services
s. 288
page 172
(2) A direction applying in relation to the authorisation under the1
Human Reproductive Technology Act 1991 section 30(4)2
continues to apply to the authorisation.3
288. Pending reviews4
(1) This section applies if —5
(a) before commencement day, the Human Reproductive6
Technology Act 1991 section 42 (repealed section 42)7
applied in relation to a decision; and8
(b) immediately before commencement day, an action that9
could or was required to have been taken under repealed10
section 42 had not been taken.11
(2) Despite the repeal of the Human Reproductive Technology12
Act 1991 —13
(a) the action may be taken on or after commencement day14
if taking the action would be consistent with repealed15
section 42, including, for example, complying with any16
time limit for taking the action; and17
(b) the obligation to take particular action under repealed18
section 42 continues.19
(3) If a person applies for a review under subsection (2)(a), the20
review is taken to have been started, and must be dealt with and21
concluded, under Part 7 Division 10.22
289. Existing reviews in progress23
(1) A review of a decision by the State Administrative Tribunal that24
was commenced under the Human Reproductive Technology25
Act 1991 section 42, but not concluded before commencement26
day, may be continued and concluded under that Act as if that27
Act had not been repealed.28
(2) If a licence, exemption or interim authorisation is granted29
because of subsection (1), this Division applies to the licence,30
exemption or interim authorisation as if the licence, exemption31
Assisted Reproductive Technology and Surrogacy Bill 2025
Transitional provisions Part 14
Licensing of assisted reproductive technology services Division 4
s. 290
page 173
or interim authorisation were in effect under the Human1
Reproductive Technology Act 1991 immediately before2
commencement day.3
290. Existing and incomplete records4
(1) This section applies if a person had an obligation to make and5
keep a record under the Human Reproductive Technology6
Act 1991.7
(2) If the person had not made the record before commencement8
day, the obligation to make the record continues in relation to9
the record despite the repeal of that Act.10
(3) If, on commencement day, the person is a licensee under this11
Act, the record is taken to be a record the licensee is required to12
keep under section 35.13
291. Annual return14
(1) In this section —15
annual return means the annual return required under the16
Human Reproductive Technology Act 1991 section 47(1);17
existing licensee means the licensee for a licence continued18
under section 285(2).19
(2) Before the prescribed day, an existing licensee must submit an20
annual return for the period starting on the day after the end of21
the last financial year before commencement day and ending on22
the day before commencement day.23
292. Summary determinations24
(1) In this section —25
former council means the Western Australian Reproductive26
Technology Council established by the repealed Human27
Reproductive Technology Act 1991 section 8;28