Schedule Sch 7 - Assisted Reproductive Treatment Regulations 2019 - Certification to bring donor gametes or embryos produced from donor gametes into Victoria | Zoe
Schedule 7—Certification to bring donor gametes or embryos produced from donor gametes into Victoria
Regulation 9E(a)
Name of person making the certification:
Certification
For the purposes of section 36(3) of the Assisted Reproductive Treatment Act 2008 (the Act), I [name of person making the certification] of [address of person making the certification] propose to bring *donor gametes/*an embryo produced from donor gametes into Victoria and certify that—
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 the Human Tissue Act 1982, the Prohibition of Human Cloning for Reproduction Act 2008 or the Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth; and
the donor of the gametes, or each person who donated the gametes used to produce the embryo, has consented in writing to—
• the donor's gametes being brought into Victoria; and
• the use of the donor's gametes or the embryo produced from the donor's gametes in accordance with section 36(5) of the Act; and
• 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) of the Act, any conditions to which the exemption is subject have been complied with; and
I have been given a copy of—
• the donor's consent; or
• the consent of each person who donated the gametes used to produce the embryo; and
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 of the Act, any conditions to which the exemption is subject have been complied with; and
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 section 36(3)(e) of the Act or, if an exemption has been granted in relation to section 19(a) of the Act, any conditions to which the exemption is subject have been complied with; and
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) of the Act or, if an exemption has been granted in relation to section 19(b) of the Act, any conditions to which the exemption is subject have been complied with; and
I have 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 of the Act; and
I have satisfied the following matters—
I have obtained a written undertaking from the person transferring *the donor gametes/*embryo produced from the donor gametes (the transferring party) or the donor that the transferring party or the donor will notify me as soon as practicable of—
• any change to or withdrawal of the donor's consent; and
• any change to the donor's information provided under section 36(3)(e) of the Act;
[if the person making the certification is a registered ART provider] I have—
obtained a written undertaking from the transferring party that the transferring party will take all reasonable steps to give the donor written notice as soon as practicable of my name and contact details as a registered ART provider; or
provided written notice to the donor of my name and contact details as a registered ART provider;
[if the person making the certification is a doctor carrying out artificial insemination other than on behalf of a registered ART provider using the donor gametes] I have—
obtained a written undertaking from the transferring party that the transferring party will take all reasonable steps to give the donor written notice as soon as practicable of my name and contact details as a doctor carrying out artificial insemination; or
given written notice to the donor of my name and contact details as a doctor carrying out artificial insemination;
[if the person making the certification is a registered ART provider or a doctor carrying out artificial insemination other than on behalf of a registered ART provider using the donor gametes] I will use the unique donor identifier from the transferring party so far as is reasonably practicable;
I have sighted the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature or a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
I have received—
the donor's email address (if any); and
the donor's postal address;
I have received information from the donor about whether the donor has donated or intends to donate gametes or an embryo to a person (other than a registered ART provider or a doctor) or an individual for the purposes of self-insemination.
Details
At the time of making this certification, the following details about the *donor gametes/*embryo produced from donor gametes to be brought into Victoria are accurate—
[specify the following details]
(a) contact details of person making the certification, including telephone number and address;
(b) the unique donor identifier(s);
(c) details about the *donor gametes/*embryo produced from donor gametes, including—
(i) number of vials, straws or containers of donor sperm; and
(ii) number of donor oocytes; and
(iii) number of embryos produced from donor gametes;
(d) details of the proposed transport or movement of the *donor gametes/*embryo produced from donor gametes, including—
(i) the name and contact details of the transferring party including the country in which the transferring party is located; and
(ii) the name and contact details of the person receiving the *donor gametes/*embryo produced from donor gametes; and
(iii) the date or proposed date of movement of the *donor gametes/*embryo produced from donor gametes into Victoria; and
(iv) the method of transportation.
Declaration
Signed: [signature of person making certification]
Witness signed: [signature of witness]
Witness name: [print name]
Section 36(3) of the Act provides the matters that a person must certify before a person brings donor gametes or an embryo produced from donor gametes into Victoria.
Regulation 7A of the Assisted Reproductive Treatment Regulations 2019 prescribes the requirement for a counsellor for the purposes of section 36(3)(d) of the Act.
Regulation 9A of the Assisted Reproductive Treatment Regulations 2019 prescribes the matters about which a donor or each person who donated the gametes used to produce the embryo has received counselling for the purposes of section 36(3)(d) of the Act.
Regulation 9B of the Assisted Reproductive Treatment Regulations 2019 prescribes the matters about which a donor or each person who donated the gametes used to produce the embryo has given information for the purposes of section 36(3)(e) of the Act.
Regulation 9C of the Assisted Reproductive Treatment Regulations 2019 prescribes the additional matters that a person making a certification must satisfy for the purposes of section 36(3)(h) of the Act.
Sch. 8 inserted by S.R. No. 141/2024 reg. 23, substituted by S.R. No. 69/2025 reg. 11.