37Exemption from compliance—bringing or taking gametes or embryo into or out of Victoria

37 Exemption from compliance—bringing or taking gametes or embryo into or out of Victoria (1) A person to whom section 36(3) or (4) applies in relation to particular donor gametes or a particular embryo produced from donor gametes may apply to the Secretary in the prescribed form for an exemption under this section in relation to the gametes or embryo. (2) In the case of an application by a person to whom section 36(3) applies, the Secretary, by written notice given to the person, may exempt the person from compliance with a provision specified in subsection (3) in relation to the gametes or embryo if the Secretary is satisfied that— (a) similar procedures have taken place outside of Victoria; and (b) there are special circumstances that warrant the exemption. (3) For the purposes of subsection (2), the following provisions are specified— (a) sections 17(2), 18, 19, 20(3) and 32(2)(c) and (3); (b) Division 1 of Part 6; (c) any other prescribed provision of this Act or the regulations. (4) In the case of an application by a person to whom section 36(4) applies, the Secretary, by written notice given to the person, may exempt the person from compliance with a provision specified in subsection (5) in relation to the gametes or embryo if the Secretary is satisfied that— (a) the gametes or embryo will be used in a way that is consistent with this Act; and (b) there are special circumstances that warrant the exemption. (5) For the purposes of subsection (4), the following provisions are specified— (a) sections 32(2) and 33; (b) any other prescribed provision of this Act or the regulations. (6) An exemption under this section may— (a) relate to the whole or a part of a provision of this Act; and (b) be subject to conditions specified by the Secretary. (7) A person in relation to whom an exemption is granted must comply with any condition to which the exemption is subject. S. 37A inserted by No. 39/2024 s. 6.