4. (1) Regulation 3 of the Public Health (Private Hospitals) Regulations is amended by inserting the following definition:“ ‘substitute parent agreement' means a contract, agreement, arrangement or understanding under which—
(a) a person agrees to become, or to attempt to become, pregnant and that a child born as a result of the pregnancy is to be taken to be (whether by adoption, agreement or otherwise) the child of another person; or
(b) a person who is pregnant agrees that a child born as a result of the pregnancy is to be taken to be (whether by adoption, agreement or otherwise) the child of another person;”.
(2) Regulation 11 of the Public Health (Private Hospitals) Regulations is repealed and the following regulation substituted:
“11. (1) The Minister may suspend the registration of a private hospital if—
(a) the proprietor, or an employee of the proprietor, contravenes these Regulations;
(b) the proprietor, or an employee of the proprietor, provides or offers to provide advice or services to another person to facilitate—
(i) that other person entering into a commercial substitute parent agreement;
(ii) that other person procuring a person to enter into a substitute parent agreement; or
(iii) a person who is a party to a commercial substitute parent agreement becoming pregnant; or
(c) in the opinion of the Minister, it is in the public interest to do so.
“(2) Where the Minister suspends the registration of a private hospital on a ground referred to in subregulation (1), the Minister may, after giving written notice to the proprietor, cancel the registration on that ground.”.
[Presentation speech made in Assembly on 19 May 1994]
© Australian Capital Territory 2003