36Moving donated gametes and embryos into and out of Victoria

36 Moving donated gametes and embryos into and out of Victoria

(1) A person must not—

(a) bring donor gametes, or an embryo produced from donor gametes, into Victoria; or

(b) take donor gametes, or an embryo produced from donor gametes, from Victoria.

S. 36(2) substituted by No. 39/2024 s. 5.

(2) Subsection (1) does not apply to a person if the person—

(a) brings donor gametes or an embryo produced from donor gametes into Victoria, or takes donor gametes or an embryo produced from donor gametes from Victoria, in accordance with this Act and the regulations; and

(b) complies with subsection (3) or (4) (as the case requires).

S. 36(3) substituted by No. 39/2024 s. 5.

(3) Before a person brings donor gametes or an embryo produced from donor gametes into Victoria, the person must certify that—

(a) any payment made, any valuable consideration that is given or agreed to be given in connection with the donation or any agreement entered into for payment to be made or valuable consideration to be given in connection with the donation does not contravene—

(i) the Human Tissue Act 1982; or

(ii) the Prohibition of Human Cloning for Reproduction Act 2008; or

(iii) the Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth; and

(b) the donor of the gametes, or each person who donated the gametes used to produce the embryo, has consented in writing to—

(i) the donor's gametes being brought into Victoria; and

(ii) the use of the donor's gametes or the embryo produced from the donor's gametes in accordance with subsection (5); and

(iii) the storage of the embryo produced from the donor's gametes for the purpose of later transfer, or if an exemption has been granted in relation to section 32(2)(c) or (3), any conditions to which the exemption is subject have been complied with; and

(c) the person has been given a copy of—

(i) the donor's consent, referred to in paragraph (b); or

(ii) the consent of each person who donated the gametes used to produce the embryo, referred to in paragraph (b); and

(d) the donor or each person who donated the gametes used to produce the embryo has received counselling in relation to prescribed matters from a counsellor who meets the prescribed requirements for counselling or, if an exemption has been granted in relation to section 18, any conditions to which the exemption is subject have been complied with; and

(e) the donor or each person who donated the gametes used to produce the embryo has given information about the matters prescribed for the purposes of this section or, if an exemption has been granted in relation to section 19(a), any conditions to which the exemption is subject have been complied with; and