QLDIn ForceAct
Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003
sec.21Definitions for pt 3
Start here
Get a plain-English read of sec.21
Turn the raw legal text into a practical explanation grounded in Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003.
### sec.21 Definitions for pt 3
In this part—
accredited ART centre means an entity accredited to carry out assisted reproductive technology by an entity prescribed under a regulation.
confidential commercial information means information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.
disclose , in relation to information, means give or communicate in any way.
excess ART embryo has the meaning given by section 22 .
HREC means a Human Research Ethics Committee.
licence means a licence issued under section 29 .
proper consent , in relation to the use of an excess ART embryo or a human egg, or the creation or use of any other embryo, means consent obtained in accordance with guidelines issued by the CEO of the NHMRC under the National Health and Medical Research Council Act 1992 (Cwlth) and prescribed under a regulation for the purposes of this definition.
s 21 def proper consent amd 2006 No. 25 s 241 (2) sch 4
sub 2007 No. 45 s 9 (2) – (3)
relevant State body means the person or body notified by the State to the chairperson of the NHMRC Licensing Committee for the purposes of the Commonwealth Act, part 2 .
responsible person means—
in relation to an excess ART embryo—
each person who provided the egg or sperm from which the embryo was created; and
the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and
any person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that subparagraph was provided; and
any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or
in relation to an embryo other than an excess ART embryo—each person whose reproductive material, genetic material or cell was used, or is proposed to be used, in the creation or use of the embryo; or
in relation to a human egg—the woman who was the biological donor of the egg.
s 21 def responsible person sub 2007 No. 45 s 9 (2) – (3)
s 21 amd 2007 No. 45 s 9 (1)
- (a) in relation to an excess ART embryo— (i) each person who provided the egg or sperm from which the embryo was created; and (ii) the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and (iii) any person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that subparagraph was provided; and (iv) any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or
- (i) each person who provided the egg or sperm from which the embryo was created; and
- (ii) the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and
- (iii) any person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that subparagraph was provided; and
- (iv) any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or
- (b) in relation to an embryo other than an excess ART embryo—each person whose reproductive material, genetic material or cell was used, or is proposed to be used, in the creation or use of the embryo; or
- (c) in relation to a human egg—the woman who was the biological donor of the egg.
- (i) each person who provided the egg or sperm from which the embryo was created; and
- (ii) the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and
- (iii) any person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that subparagraph was provided; and
- (iv) any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or