(1) A person commits an offence if the person intentionally gives or offers valuable consideration to someone else for the supply of a human egg, human sperm or a human embryo.
Maximum penalty: imprisonment for 10 years.
(2) A person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from someone else for the supply of a human egg, human sperm or a human embryo.
Maximum penalty: imprisonment for 10 years.
(3) In this section:
"reasonable expenses"—
(a) in relation to the supply of a human egg or human sperm—includes, for example, 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) includes, for example, expenses relating to the storage or transport of the embryo; but
(ii) does not include any expenses incurred by a person before the embryo became an excess ART embryo.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"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.