167Custody of information or records held by Authority

167 Custody of information or records held by Authority On and after the day on which Part 1 of the **Health Legislation Amendment (Regulatory Reform) Act 2024** comes into operation, the Secretary is entitled to, and may request, custody of any information or records held by the Authority immediately before that day other than information or records forming part of— (a) the Central Register kept by the Authority under section 53 immediately before that day; or (b) the Voluntary Register kept by the Authority under section 70 immediately before that day. New ss 146, 147 inserted by No. 6/2016 s. 37, repealed by No. 76/2008 s. 147. Pt 14 (Heading and ss 136–148) repealed by No. 76/2008 s. 148. Pt 15 (Heading and ss 149–154) repealed by No. 21/2015 s. 3(Sch. 1 item 6). Pt 16 (Heading and ss 155–159) repealed by No. 70/2013 s. 3(Sch. 1 item 1). Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 10 September 2008* *Legislative Council: 10 October 2008* The long title for the Bill for this Act was "A Bill for an Act to regulate assisted reproductive treatment and artificial insemination, to make provision with respect to surrogacy arrangements, to repeal the **Infertility Treatment Act 1995**, to amend the **Status of Children Act 1974** and the **Births, Deaths and Marriages Registration Act 1996** and other Acts and for other purposes." The **Assisted Reproductive Treatment Act 2008** was assented to on 11 December 2008 and came into operation as follows: Sections 1, 2 and 135 on 12 December 2008: section 2(1); rest of Act on 1 January 2010: section 2(3). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Assisted Reproductive Treatment Act 2008** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Assisted Reproductive Treatment Act 2008, No. 76/2008** | Assent Date: | 11.12.08 | | Commencement Date: | Ss 134(4), 148 on 1.1.10: s. 2(3); new s. 147 inserted on 18.5.16 by No. 6/2016 s. 37: Special Gazette (No. 153) 17.5.16 p. 1 | | Notes: | S. 134(4) provided that s. 134 expired on 1.1.11; s. 148 repealed Pt 14 (ss 136–148) on 1.1.11; s. 147 repealed ss 146, 147 on 1.3.18 | | Current State: | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010** | Assent Date: | 30.3.10 | | Commencement Date: | S. 51(Sch. item 6) on 1.7.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Health and Human Services Legislation Amendment Act 2010, No. 29/2010** | Assent Date: | 8.6.10 | | Commencement Date: | S. 46 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 | | Current State: | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 4) on 22.6.11: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Assisted Reproductive Treatment Amendment Act 2013, No. 18/2013** | Assent Date: | 23.4.13 | | Commencement Date: | Ss 4‑8, 14 on 23.4.13: s. 2(1); ss 9–13, 15 on 28.5.13: Special Gazette (No. 180) 21.5.13 p. 1 | | Current State: | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Statute Law Revision Act 2013, No. 70/2013** | Assent Date: | 19.11.13 | | Commencement Date: | S. 3(Sch. 1 item 1) on 1.12.13 s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | *Assent Date:* | 3.6.14 | | *Commencement Date:* | S. 10(Sch. item 5) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | *Current State:* | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Assisted Reproductive Treatment Further Amendment Act 2014, No. 58/2014** | Assent Date: | 2.9.14 | | Commencement Date: | Ss 4‑9, 16, 19, 23, 24 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 1; ss 10–15, 17, 18, 20–22 on 29.6.15: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014 | *Assent Date:* | 9.9.14 | | *Commencement Date:* | S. 162 on 1.3.16: s. 2(3) | | *Current State:* | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Statute Law Revision Act 2015, No. 21/2015** | Assent Date: | 16.6.15 | | Commencement Date: | S. 3(Sch. 1 item 6) on 1.8.15: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Assisted Reproductive Treatment Amendment Act 2016, No. 6/2016** (as amended by No. 22/2016) | *Assent Date:* | 1.3.16 | | *Commencement Date:* | Ss 4(2), 37 on 18.5.16: Special Gazette (No. 153) 17.5.16 p. 1; ss 4(1), 5–36 on 1.3.17: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Assisted Reproductive Treatment Amendment (Consent) Act 2019, No. 24/2019** | *Assent Date:* | 27.8.19 | | *Commencement Date:* | S. 5 on 28.8.19: s. 2(1); s. 4 on 24.9.19: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Assisted Reproductive Treatment Amendment Act 2020, No. 15/2020** | *Assent Date:* | 10.6.20 | | *Commencement Date:* | Ss 4–12 on 8.7.20: Special Gazette (No. 323) 30.6.20 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Assisted Reproductive Treatment Amendment Act 2021, No. 39/2021** | *Assent Date:* | 19.10.21 | | *Commencement Date:* | Ss 25, 29, 35–37 on 20.10.21: s. 2(2); s. 19 on 21.12.21: Special Gazette (No. 693) 7.12.21 p. 1; ss 4(3), 5, 6, 30, 39 on 24.6.22: Special Gazette (No. 267) 31.5.22 p. 1; ss 4(1)(2)(4), 7–18, 20–24, 26–28, 31–34, 38, 40, 41 on 15.8.22: Special Gazette (No. 384) 2.8.22 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | **Health Legislation Amendment (Regulatory Reform) Act 2024, No. 39/2024** | *Assent Date:* | 29.10.24 | | *Commencement Date:* | S. 112 on 30.10.24: s. 2(1); ss 3–80 on 1.1.25: Special Gazette (No. 700) 17.12.24 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Assisted Reproductive Treatment Act 2008** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. S. 3 def. of ***Health Services Commissioner***: The amendment proposed by section 161 of the **Health Complaints Act 2016**, No. 22/2016 is not included in this publication due to the earlier commencement of section 4(2) of the **Assisted Reproductive Treatment Amendment Act 2016**, No. 6/2016. Section 161 reads as follows: 161 Definitions In section 4(2) of the **Assisted Reproductive Treatment Amendment Act 2016**, for the proposed definition of ***Health Services Commissioner*** **substitute**— "***Health Complaints Commissioner*** means the Commissioner as defined in the **Health Complaints Act 2016**;". [↑](#endnote-ref-1)