12Offence—creating a human embryo for a purpose other than achieving pregnancy in a woman or the purposes of a mitochondrial donation licence

#### 12 Offence—creating a human embryo for a purpose other than achieving pregnancy in a woman or the purposes of a mitochondrial donation licence (1) A person commits an offence if the person intentionally creates a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman, unless either or both of the following apply: (a) the person’s intention in creating the embryo is to attempt to achieve pregnancy in a particular woman; (b) the creation of the embryo by the person is permitted under section 28B of the Research Involving Human Embryos Act 2002 (carrying out activities authorised by mitochondrial donation licences). Penalty: Imprisonment for 15 years. (2) Despite subsection 13.3(3) of the Criminal Code, a defendant does not bear an evidential burden in relation to any matter in subsection (1) of this section.