VICIn ForceAct
Assisted Reproductive Treatment Act 2008
56DDonor Conception Registrar may apply to Magistrates' Court for production order
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56D Donor Conception Registrar may apply to Magistrates' Court for production order
S. 56D(1) amended by No. 39/2024 s. 20(2).
(1) The Donor Conception Registrar may apply to the Magistrates' Court for an order requiring a person to produce records relating to a particular pre‑1988 donor treatment procedure if—
S. 56D(1)(a) amended by No. 39/2024 s. 20(2).
(a) the Donor Conception Registrar requested the person under section 56B to provide records relating to that donor treatment procedure; and
S. 56D(1)(b) amended by No. 39/2024 s. 20(2).
(b) the person, within 90 days of the Donor Conception Registrar giving the request—
(i) did not provide the requested records; or
(ii) did not provide all the requested records; and
S. 56D(1)(c) amended by No. 39/2024 s. 20(2).
(c) the Donor Conception Registrar believes on reasonable grounds that the person is in possession of or has control of the requested records.
S. 56D(2) amended by No. 39/2024 s. 20(2).
(2) The Donor Conception Registrar may make an application under subsection (1) whether or not the person has made a declaration under section 56B(5) stating that the person is not in possession of or does not have control of the records.
(3) An application under subsection (1) must be—
S. 56D(3)(a) amended by No. 39/2024 s. 20(2).
(a) supported by an affidavit made on behalf of the Donor Conception Registrar stating—
S. 56D(3)(a)(i) amended by No. 39/2024 s. 20(2).
(i) the particulars of the request that the Donor Conception Registrar has made under section 56B; and
(ii) whether the person complied with any part of the request under section 56B; and
S. 56D(3)(a)(iii) amended by No. 39/2024 s. 20(2).
(iii) the grounds on which the Donor Conception Registrar considers that the person against whom the order is sought is in possession of or has control of the records that are the subject of the request; and
(b) accompanied by any declaration made by the person under section 56B(5).
S. 56D(4) amended by No. 39/2024 s. 20(2).
(4) As soon as practicable after the Donor Conception Registrar makes an application under subsection (1), the Donor Conception Registrar must serve a copy of the application and the supporting affidavit on the person against whom the production order is sought.
S. 56E inserted by No. 6/2016 s. 15.