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(b) the compliance information is necessary for
the inspector to perform the inspector’s
function mentioned in section 69(a).
(2) Section 111(2)(a)—
omit, insert—
(a) either—
(i) information related to the offence
mentioned in subsection (1); or
(ii) the compliance information mentioned
in subsection (2)(a); or
(3) Section 111(2)(b), ‘paragraph (a)’—
omit, insert—
paragraph (a)(i) or (ii)
(4) Section 111(1A) to (3)—
renumber as section 111(2) to (4).
27 Amendment of s 112 (Offence to contravene information
requirement)
Section 112(1), ‘section 111(2)’—
omit, insert—
section 111(3)
28 Amendment of s 119 (Definitions for part)
(1) Section 119—
insert—
part 2 decision means—
(a) a decision to refuse to approve an
application for approval to use a gamete or
embryo under section 39B(2) or 39C(2); or
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(b) a decision to refuse to approve an
application for approval to destroy a record
under section 37(3).
(2) Section 119, definition reviewable decision, before paragraph
(a)—
insert—
(aa) a part 2 decision;
(3) Section 119, definition reviewable decision, paragraphs (aa)
to (e)—
renumber as paragraphs (a) to (f).
29 Replacement of s 120 (Review process must start with
internal review)
Section 120—
omit, insert—
120 Review process for reviewable decisions
(1) For a reviewable decision that is a part 2 decision,
review under this part is internal review under
division 2 only.
(2) For any other reviewable decision, review under
this part is—
(a) internal review under division 2; and
(b) if a decision on an application for internal
review of the reviewable decision has been
made, or is taken to have been made, under
division 2—external review by QCAT under
division 4.
30 Amendment of s 123 (Internal review)
(1) Section 123(1)(a) to (c)—
omit, insert—
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(a) review the reviewable decision; and
(b) decide to—
(i) confirm the reviewable decision; or
(ii) amend the reviewable decision; or
(iii) substitute another decision for the
reviewable decision; and
(c) give the affected person for the reviewable
decision—
(i) if the reviewable decision is a part 2
decision—notice of the chief
executive’s decision under paragraph
(b); or
(ii) otherwise—a QCAT information
notice for the chief executive’s decision
under paragraph (b).
(2) Section 123(3), (4) and (5), ‘original’—
omit.
31 Amendment of s 124 (QCAT may stay operation of
reviewable decision)
(1) Section 124(1)—
omit, insert—
(1) This section applies in relation to a reviewable
decision, other than a part 2 decision.
(1A) An affected person for the reviewable decision
may apply to QCAT, as provided under the
QCAT Act, for a stay of the operation of the
decision.
(2) Section 124(1A) to (5)—
renumber as section 124(2) to (6).
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32 Replacement of s 125 (Applying for QCAT external
review)
Section 125—
omit, insert—
125 Applying for QCAT external review
(1) This section applies if an affected person for a
reviewable decision is required to be given a
QCAT information notice under section
123(1)(c)(ii) for an internal review decision.
(2) The affected person may apply to QCAT, as
provided under the QCAT Act, for a review of the
internal review decision.
Note—
Section 56 also provides for a QCAT external review of
certain decisions of the registrar under part 3.
33 Amendment of s 138 (Executive officer may be taken to
have committed offence against deemed executive
liability provision)
Section 138(4), definition deemed executive liability
provision, paragraph (c), ‘section 139(2)’—
omit, insert—
section 139(1)
34 Insertion of new pt 9, div 1, hdg
Before section 144—
insert—
Division 1 Transitional provisions
commencing on 19
September 2024
Clause 1
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35 Insertion of new pt 9, div 2, hdg
After section 144—
insert—
Division 2 Other transitional
provisions for Act No. 46 of
2024
36 Insertion of new pt 9, div 2, sdiv 1
Before section 145—
insert—
Subdivision 1 Preliminary
144B Definitions for division
In this division—
future ART procedure, for a person mentioned in
new section 146(1)(a)(i) or 147(1)(a), means an
ART procedure carried out after the
commencement of this section for any of the
following persons—
(a) the person;
(b) a person who, at the relevant time, was the
person’s spouse;
(c) a surrogate of the person;
(d) a surrogate of a person who, at the relevant
time, was the person’s spouse.
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
relevant time see section 144C(3).
Clause 1
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Clause 7
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144C Particular references to spouses
(1) This section applies in relation to a person
mentioned in new section 146(1)(a)(i) or
147(1)(a) if, at the relevant time, the person and
the person’s spouse were separated and were
living separately and apart.
(2) For this division, the spouse is taken not to have
been a spouse of the person at the relevant time.
(3) For subsection (1), the relevant time is—
(a) for a person mentioned in new section
146(1)(a)(i)—the time when an ART
provider allocated donated gametes for use
by the person in ART procedures as
mentioned in that section; or
(b) for a person mentioned in new section
147(1)(a)—the time when an ART provider
allocated a donated embryo for use by the
person in ART procedures as mentioned in
that section.
37 Insertion of new pt 9, div 2, sdiv 2, hdg
After section 144C, as inserted by this Act—
insert—
Subdivision 2 Licensing
38 Amendment of s 145 (Licensing of existing ART
providers)
Section 145(2)—
omit, insert—
(2) Subsection (3) applies to an ART provider if—
(a) the ART provider provided ART services
immediately before the commencement of
section 12; and
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(b) the ART provider has prescribed
accreditation during the initial licensing
assessment period.
(3) During the initial licensing assessment period, the
ART provider is taken to be a licensed provider
for sections 12, 61, 77 and 145A.
39 Insertion of new s 145A
After section 145—
insert—
145A Licensed providers’ notification of particular
events that happened before
commencement—new s 61
(1) This section applies in relation to a licensed
provider if—
(a) an event happened before the
commencement of new section 61; and
(b) the event would have been a serious adverse
event for the licensed provider had new
section 61 been in force when the event
happened; and
(c) the licensed provider becomes aware of the
event after the commencement of new
section 61.
(2) New section 61 applies as if the event were a
serious adverse event within the meaning of that
section.
40 Insertion of new pt 9, div 2, sdiv 3
After section 145A, as inserted by this Act—
insert—
Subdivision 3 Provisions for general
operation of part 2
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145B Donor-related Australian families—new s 25
For working out the number of donor-related
Australian families for new section 25, it does not
matter whether a person or a child mentioned in
that section was born before or after the
commencement of this section.
145C Time limits on use of existing donated
gametes and embryos—new s 27
(1) Subject to new sections 146 to 148, new section
27 applies in relation to the use of a donated
gamete or donated embryo in an ART procedure
carried out after the commencement of this
section.
(2) Subsection (1) applies—
(a) whether or not the donated gamete was
obtained, or the donated embryo was
created, before the commencement of this
section; and
(b) even if the period mentioned in new section
27(1) during which the donated gamete or
donated embryo may be used in an ART
procedure ended before the commencement
of this section.
145D Record-keeping—s 36
(1) Subsection (2) applies if, before 19 September
2024, an ART provider collected information of a
type mentioned in a provision of part 2, division 6.
(2) A reference in section 36 to information an ART
provider is required to collect under part 2,
division 6 includes, and is taken to have always
included, a reference to the information
mentioned in subsection (1).
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145E Disclosure of health information—s 38
(1) This section applies to a reference in section 38
to—
(a) a donor-conceived person born as a result of
an ART procedure; or
(b) a donor-conceived sibling of a person
mentioned in paragraph (a).
(2) The reference includes, and is taken to have
always included, a reference to a donor-conceived
person, or donor-conceived sibling, born as a
result of an ART procedure that was carried out
before the commencement of section 38.
41 Insertion of new pt 9, div 2, sdiv 4, hdg
After section 145E, as inserted by this Act—
insert—
Subdivision 4 Provisions about use of
particular gametes and
embryos obtained before
19 September 2024
42 Replacement of ss 146–149
Sections 146 to 149—
omit, insert—
146 Donated gametes previously allocated to
person for ART procedures
(1) This section applies if—
(a) before 19 September 2024—
(i) an ART provider allocated donated
gametes for use by a person in ART
procedures; and
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(ii) the person, or a surrogate of the person,
became pregnant as a result of the use
of some of those donated gametes in an
ART procedure; and
(b) after the commencement of this section, an
ART provider proposes to use the remaining
donated gametes in future ART procedures
for the person.
(2) The ART provider may use the remaining donated
gametes in future ART procedures for the person
despite the donor’s consent to the use of the
remaining gametes in an ART procedure—
(a) not complying with a requirement for
consent mentioned in new section 18(2); or
(b) not being in writing.
(3) However, subsection (2) does not apply in
relation to the use of a gamete if—
(a) the donor had previously consented to the
use of the gamete in an ART procedure; and
(b) since giving the consent, the donor has—
(i) withdrawn the consent under section
20; or
(ii) otherwise clearly communicated the
withdrawal of the consent to the ART
provider, whether or not in writing.
(4) The following limitations under part 2 do not
apply to the use of the remaining donated gametes
in future ART procedures for the person—
(a) any limit on the period within which the
gametes may be used;
(b) any limit on the number of donor-related
Australian families who may use the
gametes.
(5) Also, new section 33(4) does not apply in relation
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to the use of the remaining donated gametes in
future ART procedures for the person.
147 Donated embryo previously allocated to a
person for ART procedures
(1) This section applies if—
(a) before 19 September 2024, an ART provider
allocated a donated embryo for use by a
person in an ART procedure; and
(b) after the commencement of this section, an
ART provider proposes to use the donated
embryo in a future ART procedure for the
person.
(2) The ART provider may use the donated embryo in
the future ART procedure for the person despite
the donor’s consent to the use of the embryo in an
ART procedure—
(a) not complying with a requirement for
consent mentioned in new section 18(2); or
(b) not being in writing.
(3) However, subsection (2) does not apply in
relation to the use of the donated embryo if—
(a) the donor had previously consented to the
use of the embryo in an ART procedure; and
(b) since giving the consent, the donor has—
(i) withdrawn the consent under section
20; or
(ii) otherwise clearly communicated the
withdrawal of the consent to the ART
provider, whether or not in writing.
(4) The following limitations under part 2 do not
apply to the use of the donated embryo in the
future ART procedure for the person—
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(a) any limit on the period within which the
embryo may be used;
(b) any limit on the number of donor-related
Australian families who may use the
embryo.
(5) Also, new section 33(4) does not apply in relation
to the use of the donated embryo in the future
ART procedure for the person.
148 Embryo created with donated gamete not yet
used for ART procedure
(1) This section applies if—
(a) before 19 September 2024, an embryo was
created with a donated gamete; and
(b) after the commencement of this section, an
ART provider proposes to use the embryo in
an ART procedure for a person.
(2) The chief executive may, on application by the
ART provider, approve the use of the embryo in
the ART procedure for the person if satisfied there
are reasonable grounds for using the embryo,
having regard to the following matters—
(a) when the embryo was created;
(b) whether, when the embryo was created,
there was a reasonable expectation that it
would be used in an ART procedure for a
person;
(c) any other relevant matter.
(3) If an approval is given under subsection (2) to the
ART provider, the ART provider may use the
embryo in the ART procedure despite—
(a) new section 25, 27 or 33; or
(b) the consent of the donor to the use of the
embryo in an ART procedure—
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(i) not complying with a requirement for
consent mentioned in new section
18(2); or
(ii) not being in writing.
(4) However, subsection (3)(b) does not apply in
relation to the use of an embryo if—
(a) the donor had previously consented to the
use of the embryo in an ART procedure; and
(b) since giving the consent, the donor has—
(i) withdrawn the consent under section
20; or
(ii) otherwise clearly communicated the
withdrawal of the consent to the ART
provider, whether or not in writing.
(5) If the chief executive decides to refuse to give an
approval under subsection (2), the chief executive
must, as soon as practicable after the decision is
made, give the applicant an information notice for
the decision.
(6) A decision of the chief executive mentioned in
subsection (5) is taken to be a part 2 decision
within the meaning of section 119.
(7) New part 2, division 8 does not apply in relation
to the use of the embryo in the ART procedure for
the person.
149 Use of particular gametes obtained before 19
September 2024—collection of information
(1) This section applies if—
(a) an ART provider obtained a gamete before
19 September 2024 for use in an ART
procedure or for storage for use in an ART
procedure; and
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