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 (f) the donor or each person who donated the gametes used to produce the embryo has been given written advice on the matters set out in section 19(b)(i) to (iv) or, if an exemption has been granted in relation to section 19(b), any conditions to which the exemption is subject have been complied with; and (g) the person has taken all reasonable steps to ensure that any future use of the donor gametes or embryo produced from donor gametes in Victoria will comply with section 29; and (h) the person has satisfied any prescribed matter. S. 36(4) substituted by No. 39/2024 s. 5. (4) Before a person takes donor gametes or an embryo produced from donor gametes from Victoria, the person must certify that— (a) the purpose for which the gametes or embryo will be used outside Victoria is consistent with a purpose for which it could be used in Victoria; and (b) the way in which the gametes or embryo will be used outside Victoria is consistent with the way in which it could be used in Victoria; and (c) the person has satisfied any prescribed matter. S. 36(5) substituted by No. 39/2024 s. 5. (5) For the purposes of subsection (3)(b)(ii), a donor's consent or the consent of each person who donated the gametes used to produce the embryo— (a) must meet the requirements of section 17(1)(a) to (c); and (b) must not have been withdrawn or have lapsed at the time the certification is made. S. 36(6) inserted by No. 39/2024 s. 5. (6) Certification under this section must be— (a) in the prescribed form; and (b) given to the Secretary before the gametes or embryo produced from donor gametes is brought into or taken from Victoria. S. 37 substituted by No. 39/2024 s. 6.