Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Part 2 Prohibited practices
Division 2.1 Practices that are completely prohibited
8 Offence—placing human embryo clone in human body or body of an animal
A person commits an offence if the person intentionally places a human embryo clone in the body of a human or the body of an animal.
Maximum penalty: imprisonment for 15 years.
Note The development of a human embryo (including a human embryo clone) outside the body of a woman for more than 14 days is prohibited by s 12.
9 No defence that human embryo clone could not survive
It is not a defence to an offence against section 8 that the human embryo clone did not survive or could not have survived.
10 Offence—creating human embryo for purpose other than achieving pregnancy in woman
(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 the person's intention in creating the embryo is to attempt to achieve pregnancy in a particular woman.
Maximum penalty: imprisonment for 15 years.
(2) Despite the Criminal Code, section 58 (3), a defendant does not bear an evidential burden in relation to anything mentioned in subsection (1).
11 Offence—creating or developing human embryo by fertilisation that contains genetic material provided by more than 2 people
A person commits an offence if—
(a) the person intentionally creates or develops a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman; and
(b) the human embryo contains genetic material provided by more than 2 people.
Maximum penalty: imprisonment for 15 years.
12 Offence—developing human embryo outside body of woman for more than 14 days
A person commits an offence if the person intentionally develops a human embryo outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended.
Maximum penalty: imprisonment for 15 years.
13 Offence—heritable alterations to genome
(1) A person commits an offence if—
(a) the person alters the genome of a human cell in such a way that the alteration is heritable by descendants of the human whose cell was altered; and
(b) in altering the genome, the person intended the alteration to be heritable by descendants of the human whose cell was altered.
Maximum penalty: imprisonment for 15 years.
(2) In this section:
"human cell" includes a human embryonal cell, a human foetal cell, human sperm or a human egg.
14 Offence—collecting viable human embryo from body of woman
A person commits an offence if the person removes a human embryo from the body of a woman, intending to collect a viable human embryo.
Maximum penalty: imprisonment for 15 years.
15 Offence—creating chimeric embryo
A person commits an offence if the person intentionally creates a chimeric embryo.
Maximum penalty: imprisonment for 15 years.
16 Offence—developing hybrid embryo
A person commits an offence if the person intentionally develops a hybrid embryo for a period of more than 14 days, excluding any period when development is suspended.
Maximum penalty: imprisonment for 15 years.
17 Offence—placing of embryo
(1) A person commits an offence if the person intentionally places a human embryo in an animal.
Maximum penalty: imprisonment for 15 years.
(2) A person commits an offence if the person intentionally places a human embryo in the body of a human, other than in a woman's reproductive tract.
Maximum penalty: imprisonment for 15 years.
(3) A person commits an offence if the person intentionally places an animal embryo in the body of a human for any period of gestation.
Maximum penalty: imprisonment for 15 years.
18 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 15 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 15 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 15 years.
(4) In this section:
"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 that contains 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 more than 14 days, excluding any period when development is suspended; or
(e) a human embryo created using precursor cells taken from a human embryo or a human foetus; or
(f) a human embryo that contains a human cell (within the meaning of section 13) 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.
19 Offence—commercial trading in human eggs, human sperm or human embryos
(1) A person commits an offence if the person intentionally gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo.
Maximum penalty: imprisonment for 15 years.
(2) A person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo.
Maximum penalty: imprisonment for 15 years.
(3) In this section—
"reasonable expenses"—
(a) in relation to the supply of a human egg or human sperm—includes, but is not limited to, 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) does not include any expenses incurred by a person before the embryo became an excess ART embryo; and
(ii) includes, but is not limited to, expenses relating to the storage or transport of the embryo.
"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.
Division 2.2 Practices that are prohibited unless authorised by licence
20 Offence—creating human embryo other than by fertilisation, or developing embryo
A person commits an offence if—
(a) the person intentionally creates a human embryo by a process other than the fertilisation of a human egg by a human sperm, or develops a human embryo so created; and
(b) the creation or development of the human embryo by the person is not authorised by a licence.
Maximum penalty: imprisonment for 10 years.
Note 1 The development of a human embryo outside the body of a woman for more than 14 days is prohibited by s 12.
Note 2 The placement in the body of a woman of a human embryo clone, or any other human embryo created other than by the fertilisation of a human egg by a human sperm, is prohibited by s 8 and s 18.
21 Offence—creating or developing human embryo containing genetic material provided by more than 2 people
A person commits an offence if—
(a) the person intentionally creates or develops a human embryo by a process other than the fertilisation of a human egg by a human sperm; and
(b) the human embryo contains genetic material provided by more than 2 people; and
(c) the creation or development of the human embryo by the person is not authorised by a licence.
Maximum penalty: imprisonment for 10 years.
Note 1 The development of a human embryo outside the body of a woman for more than 14 days is prohibited by s 12.
Note 2 The placement in the body of a woman of a human embryo created other than by the fertilisation of a human egg by a human sperm is prohibited by s 18.
22 Offence—using precursor cells from human embryo or human foetus to create human embryo, or developing such an embryo
A person commits an offence if—
(a) the person uses precursor cells taken from a human embryo or a human foetus, intending to create a human embryo, or intentionally develops an embryo so created; and
(b) the person engages in activities mentioned in paragraph (a) without being authorised by a licence, and the person knows or is reckless about that fact.
Maximum penalty: imprisonment for 10 years.
22A Offence—creating hybrid embryo
(1) A person commits an offence if the person intentionally creates a hybrid embryo.
(2) A person commits an offence if the person intentionally develops a hybrid embryo.
(3) A person does not commit an offence against subsection (1) or (2) if the creation or development of the hybrid embryo by the person is authorised by a licence.
Maximum penalty: imprisonment for 10 years.