16Offence—commercial trading in human eggs, human sperm or human embryos

#### 16 Offence—commercial trading in human eggs, human sperm or human embryos 16 Offence—commercial trading in human eggs, human sperm or human embryos > > (1) A person commits an offence if the person intentionally gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo. > > > > Maximum penalty: Imprisonment for 15 years. > > > (2) A person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo. > > > > Maximum penalty: Imprisonment for 15 years. > > > (3) In this section: > > > > reasonable expenses: > > > > > (a) in relation to the supply of a human egg or human sperm includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm, and > > > > > (b) in relation to the supply of a human embryo: > > > > > > > (i) does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo within the meaning of the [Prohibition of Human Cloning for Reproduction Act 2002](http://www.legislation.gov.au/) of the Commonwealth, and > > > > > > > (ii) includes, but is not limited to, expenses relating to the storage or transport of the embryo. > > > > valuable consideration, in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply. > > **pt 2, div 1 (ss 5–16):** Subst 2007 No 16, Sch 1 \[8\]. > > **s 16:** Subst 2007 No 16, Sch 1 \[8\].