Australian Capital Territory Numbered Acts

HUMAN EMBRYO (RESEARCH) ACT 2004 (NO. 22 OF 2004) - SECT 8

In this part:

"accredited ART centre" means an entity accredited to carry out assisted reproductive technology by—

        (a)     the Reproductive Technology Accreditation Committee of the Fertility Society of Australia; or

        (b)     if the regulations prescribe another body or other bodies in addition to, or instead of, the body mentioned in paragraph (a)—that other body or any of those other bodies, as the case requires.

"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" information means give or communicate the information in any way.

"HREC" means a human research ethics committee.

"licence "means a licence issued under section 15 (Committee decision on application).

"proper consent", in relation to the use of an excess ART embryo, means—

        (a)     consent obtained in accordance with the Ethical Guidelines on Assisted Reproductive Technology (1996) issued by the NHMRC; or

        (b)     if other guidelines are issued by the NHMRC under the National Health and Medical Research Council Act 1992 (Cwlth) and prescribed under the regulations for this paragraph—consent obtained in accordance with those guidelines, rather than the guidelines mentioned in paragraph (a).

"relevant Territory entity" means the entity notified by the Territory to the chairperson of the NHMRC licensing committee for the Research Involving Human Embryos Act 2002 (Cwlth), part 2.

"responsible person", for an excess ART embryo, means—

        (a)     each person who provided the egg or sperm from which the embryo was created; and

        (b)     the woman for whom the embryo was created, for the purpose of achieving her pregnancy; and

        (c)     anyone who was the domestic partner of a person mentioned in paragraph (a) when the egg or sperm mentioned in that paragraph was provided; and

        (d)     anyone who was the domestic partner of the woman mentioned in paragraph (b) when the embryo was created.

Note     For the meaning of domestic partner , see Legislation Act, s 169.