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SUBSTITUTE PARENT AGREEMENTS (CONSEQUENTIAL AMENDMENTS) ACT 1994 (NO. 70 OF 1994) - SECT 4

Public Health (Private Hospitals) Regulations

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(2) Regulation 11 of the Public Health (Private Hospitals) Regulations is repealed and the following regulation substituted: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



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