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Assisted Reproductive Treatment Act 2008
63Disclosure of information if pre-1998 donor deceased or not located
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63 Disclosure of information if pre-1998 donor deceased or not located
S. 63(1) amended by No. 39/2024 s. 35.
(1) If a person applies under section 56(1) for the disclosure of identifying information about a pre‑1998 donor, the Donor Conception Registrar may disclose identifying information under Division 3 about the donor without giving notice under section 62(2) if—
S. 63(1)(a) amended by No. 39/2024 s. 35.
(a) despite making all reasonable efforts to locate the donor, the Donor Conception Registrar has not located the pre-1998 donor within 4 months of the application being made; or
(b) the donor is deceased.
S. 63(2) amended by No. 39/2024 s. 35.
(2) The Donor Conception Registrar must not disclose identifying information under Division 3 about a pre‑1998 donor unless the applicant gives the Secretary—
(a) an undertaking not to contact the donor; and
S. 63(2)(b) amended by No. 39/2024 s. 35.
(b) an undertaking to provide the Donor Conception Registrar with any information the applicant subsequently receives from a source other than the Donor Conception Registrar from which the pre-1998 donor may be directly or indirectly located.
(3) An applicant who gives an undertaking under subsection (2)(a) must not knowingly contact the pre-1998 donor unless the contact is a continuation of, or a similar kind to, contact that the applicant had with the donor before the applicant made the application.
S. 63A inserted by No. 6/2016 s. 23.