8Definitions

#### 8 Definitions (1) In this Act: > animal does not include a human. > chimeric embryo means: (a) a human embryo into which a cell, or any component part of a cell, of an animal has been introduced; or (b) a thing declared by the regulations to be a chimeric embryo. > Commonwealth authority means the following: (a) a body corporate established for a public purpose by or under an Act; (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together: (i) the Commonwealth; (ii) a body covered by paragraph (a); (iii) a body covered by either of the above subparagraphs. > excess ART embryo means a human embryo that: (a) was created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and (b) is excess to the needs of: (i) the woman for whom it was created; and (ii) her spouse (if any) at the time the embryo was created. > general licence has the same meaning as in Part 2 of the Research Involving Human Embryos Act 2002. > human embryo means a discrete entity that has arisen from either: (a) the first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or (b) any other process that initiates organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears; and has not yet reached 8 weeks of development since the first mitotic division. > human embryo clone means a human embryo that is a genetic copy of another living or dead human, but does not include a human embryo created by the fertilisation of a human egg by human sperm. > human sperm includes human spermatids. > hybrid embryo means: (a) an embryo created by the fertilisation of a human egg by animal sperm; or (b) an embryo created by the fertilisation of an animal egg by human sperm; or (c) a human egg into which the nucleus of an animal cell has been introduced; or (d) an animal egg into which the nucleus of a human cell has been introduced; or (e) a thing declared by the regulations to be a hybrid embryo. > mitochondrial donation licence means any of the following licences issued under section 28J of the Research Involving Human Embryos Act 2002: (a) a pre‑clinical research and training licence; (b) a clinical trial research and training licence; (c) a clinical trial licence; (d) a clinical practice research and training licence; (e) a clinical practice licence. > mitochondrial donation technique has the same meaning as in Part 2 of the Research Involving Human Embryos Act 2002. > NHMRC Licensing Committee means the Committee established under section 13 of the Research Involving Human Embryos Act 2002. > precursor cell means a cell that has the potential to develop into a human egg or human sperm. > spouse, in relation to a person, includes a de facto partner of the person within the meaning of the Acts Interpretation Act 1901. > State includes the Australian Capital Territory and the Northern Territory. > woman means a female human. (2) For the purposes of establishing that a human embryo clone is a genetic copy of a living or dead human: (a) it is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and (b) it is not necessary to establish that the copy is an identical genetic copy. (3) For the purposes of the definition of human embryo in subsection (1), in working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded. (4) For the purposes of the definition of human embryo clone in subsection (1), a human embryo that results from the technological process known as embryo splitting is taken not to be created by a process of fertilisation of a human egg by human sperm. (5) For the purposes of paragraph (b) of the definition of excess ART embryo, a human embryo is excess to the needs of the persons mentioned in that paragraph at a particular time if: (a) each such person has given written authority for use of the embryo for a purpose other than a purpose relating to the assisted reproductive technology treatment of the woman concerned, and the authority is in force at that time; or (b) each such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time. (6) A reference in this Act to an embryo (including a human embryo) is a reference to a living embryo. (7) A reference in this Act to a human egg is a reference to a human oocyte. (8) A reference in this Act to a human embryo does not include a reference to: (a) a hybrid embryo; or (b) a human embryonic stem cell line.