Australian Capital Territory Numbered Acts

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HUMAN CLONING (PROHIBITION) ACT 2004 (NO. 21 OF 2004) - SECT 22

Offence—importing, exporting or placing prohibited embryo

    (1)     A person commits an offence if the person intentionally imports an embryo into the ACT knowing that, or reckless about whether, the embryo is a prohibited embryo.

Maximum penalty: imprisonment for 10 years.

    (2)     A person commits an offence if the person intentionally exports an embryo from the ACT knowing that, or reckless about whether, the embryo is a prohibited embryo.

Maximum penalty: imprisonment for 10 years.

    (3)     A person commits an offence if the person intentionally places an embryo in the body of a woman knowing that, or reckless about whether, the embryo is a prohibited embryo.

Maximum penalty: imprisonment for 10 years.

    (4)     In this section:

"human cell" includes a human embryonal cell, a human foetal cell, human sperm and a human egg.

"prohibited embryo" means—

        (a)     a human embryo created by a process other than the fertilisation of a human egg by human sperm; or

        (b)     a human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or

        (c)     a human embryo containing genetic material provided by more than 2 people; or

        (d)     a human embryo that has been developing outside the body of a woman for a period of longer than 14 days, disregarding any period when development is suspended; or

        (e)     a human embryo created using precursor cells taken from a human embryo or foetus; or

        (f)     a human embryo containing a human cell whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or

        (g)     a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or

        (h)     a chimeric embryo or a hybrid embryo.



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