3Definitions

3 Definitions In this Act— ***artificial insemination*** means a procedure of transferring sperm without also transferring an oocyte into the vagina, cervical canal or uterus of a woman; ***assisted reproductive treatment*** means medical treatment or a procedure that procures, or attempts to procure, pregnancy in a woman by means other than sexual intercourse or artificial insemination, and includes— (a) in-vitro fertilisation; and (b) gamete intrafallopian transfer; and (c) any related treatment or procedure prescribed by the regulations; S. 3 def. of *Authority* repealed by No. 39/2024 s. 4(2)(a). S. 3 def. of *Central Register* amended by Nos 6/2016 s. 4(1)(a), 39/2024 s. 4(2)(b). ***Central Register*** means the register kept by the Donor Conception Registrar under section 53; ***child*** means a person who is less than 18 years of age; S. 3 def. of *child protection order* amended by No. 61/2014 s. 162, repealed by No. 15/2020 s. 4. ** * * * ** S. 3 def. of *child protection order check* repealed by No. 15/2020 s. 4. S. 3 def. of *commis-sioning parent* repealed by No. 39/2021 s. 4(4). S. 3 def. of *contact preference* inserted by No. 6/2016 s. 4(2). ***contact preference*** means a written statement lodged under section 63C or 63I; S. 3 def. of *criminal records check* amended by No. 37/2014 s. 10(Sch. item 5.1(b)), repealed by No. 15/2020 s. 4. ***designated officer***, in relation to a registered ART provider, means a person appointed, employed or engaged by that provider under Division 3 of Part 8; S. 3 def. of *doctor* substituted by No. 13/2010 s. 51(Sch. item 6). ***doctor*** means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); ***donor*** means a person who has given a consent under section 16; S. 3 def. of *Donor Conception Registrar* inserted by No. 39/2024 s. 4(1). ***Donor Conception Registrar*** means a person who is employed as the Donor Conception Registrar under section 99; ***donor embryo*** means an embryo in respect of which consent has been given under section 16; ***donor gametes*** means a donor oocyte or donor sperm; ***donor oocyte*** means an oocyte in respect of which consent has been given under section 16; S. 3 def. of *donor sibling* inserted by No. 58/2014 s. 4. ***donor sibling***, in relation to a person born as a result of a donor treatment procedure, means a sibling of that person who was born as a result of a donor treatment procedure using gametes donated by the same donor; ***donor sperm*** means sperm in respect of which consent has been given under section 16; ***donor treatment procedure*** means a treatment procedure in which donor gametes or a donor embryo is used; ***embryo*** means a discrete entity that has arisen from either— (a) the first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or (b) any other process that initiates organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears— and has not yet reached 8 weeks of development since the first mitotic division; S. 3 def. of *enforceable undertaking* inserted by No. 39/2024 s. 4(1). ***enforceable undertaking*** means an undertaking given by a regulated person under section 116C; S. 3 def. of *enforceable undertaking order* inserted by No. 39/2024 s. 4(1). ***enforceable undertaking order*** means an order made by the Magistrates' Court under section 116H(2); ***excess ART embryo*** has the meaning given by the **Research Involving Human Embryos Act 2008**; ***exemption*** means an exemption under section 37; ***gametes*** means sperm or an oocyte; S. 3 def. of *general condition* inserted by No. 39/2024 s. 4(1). ***general condition*** means a condition imposed under section 75; S. 3 def. of *Health Services Commis-sioner* inserted by No. 6/2016 s. 4(2)[[1]](#endnote-1), substituted as *Health Complaints Commis-sioner* by No. 24/2019 s. 5(1)(a). ***Health Complaints Commissioner*** means the Commissioner within the meaning of the **Health Complaints Act 2016**; ***identifying information*** means information that will or may disclose the identity of a person; S. 3 def. of *improvement notice* inserted by No. 39/2024 s. 4(1). ***improvement notice*** means a notice given under section 107; S. 3 def. of *information or document production notice* inserted by No. 39/2024 s. 4(1). ***information or document production notice*** means a notice given under section 116J; S. 3 def. of *intended parent* inserted by No. 39/2021 s. 4(1). ***intended parent***, for a surrogacy arrangement, means the person or persons who enter into the surrogacy arrangement for a woman to carry a child on behalf of the person or persons; ***non-identifying information*** means information other than identifying information; S. 3 def. of *notice of separation* inserted by No. 39/2021 s. 4(1). ***notice of separation*** means a notice given under section 20A(3); ***oocyte*** means an ovum from a woman; S. 3 def. of *Part 6 counsellor* inserted by No. 39/2024 s. 4(1). ***Part 6 counsellor*** has the meaning given in section 67A; S. 3 def. of *partner* amended by No. 24/2019 s. 4. ***partner***, in relation to a person, means— (a) the person's spouse (other than a spouse from whom the person has separated); or (b) a person who lives with the first person as a couple on a genuine domestic basis, irrespective of gender; S. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 5.1(a)), repealed by No. 15/2020 s. 4. S. 3 def. of *pre-1988 donor treatment procedure* inserted by No. 58/2014 s. 4. ***pre-1988 donor treatment procedure*** means a treatment procedure carried out using gametes donated before 1 July 1988; S. 3 def. of *pre-1998 donor* inserted by No. 6/2016 s. 4(2). ***pre-1998 donor*** means a person who donated gametes before 1 January 1998; S. 3 def. of *pre-1998 donor treatment procedure* inserted by No. 6/2016 s. 4(2). ***pre-1998 donor treatment procedure*** means a donor treatment procedure carried out using gametes donated before 1 January 1998; S. 3 def. of *production order* inserted by No. 6/2016 s. 4(2). ***production order*** means an order referred to in section 56D(1); S. 3 def. of *prohibition notice* inserted by No. 39/2024 s. 4(1). ***prohibition notice*** means a notice given under section 113; ***registered ART provider*** means a person who is registered under Part 8 as a registered ART provider; ***Registrar*** means the Registrar of Births, Deaths and Marriages under the **Births, Deaths and Marriages Registration Act 1996**; S. 3 def. of *regulated person* inserted by No. 39/2024 s. 4(1). ***regulated person*** means a person who is— (a) a registered ART provider; or (b) a designated officer of a registered ART provider; or (c) a doctor carrying out artificial insemination or assisted reproductive treatment (whether or not on behalf of a registered ART provider); or (d) carrying out artificial insemination or assisted reproductive treatment under the supervision and direction of a doctor referred to in paragraph (c); S. 3 def. of *RTAC accreditation* amended by No. 39/2021 s. 4(2). ***RTAC accreditation*** means accreditation granted by the Reproductive Technology Accreditation Committee of the Fertility Society of Australia and New Zealand; S. 3 def. of *Secretary* substituted by No. 29/2010 s. 46, amended by Nos 24/2019 s. 5(1)(b), 39/2024 s. 4(2)(c). ***Secretary*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department of Health; S. 3 def. of *self-insemination* amended by No. 39/2021 s. 4(3). ***self-insemination*** means artificial insemination not carried out by a doctor or a person carrying out artificial insemination under the supervision and direction of a doctor who is carrying out the treatment on behalf of a registered ART provider; S. 3 def. of *specific condition* inserted by No. 39/2024 s. 4(1). ***specific condition*** means a condition imposed under section 75A; ***sperm*** includes spermatids; ***store*** means— (a) to freeze an oocyte, embryo or sperm; or (b) to otherwise preserve an oocyte, embryo or sperm by a prescribed method; ***surrogacy arrangement*** means an arrangement, agreement or understanding, whether formal or informal, under which a woman agrees with another person to become or try to become pregnant, with the intention— (a) that a child born as a result of the pregnancy is to be treated as the child, not of her, but of another person or persons (whether by adoption, agreement or otherwise); or (b) of transferring custody or guardianship in a child born as a result of the pregnancy to another person or persons; or (c) that the right to care for a child born as result of the pregnancy be permanently surrendered to another person or persons; ***treatment procedure*** means— (a) artificial insemination, other than self‑insemination; or (b) assisted reproductive treatment; S. 3 def. of *Voluntary Register* amended by Nos 6/2016 s. 4(1)(b), 39/2024 s. 4(2)(d). ***Voluntary Register*** means the register kept by the Donor Conception Registrar under section 70.