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assisted reproductive treatment (review recommendations) amendment bill 2020

South Australia

Assisted Reproductive Treatment (Review Recommendations) Amendment Bill 2020

A BILL FOR

An Act to amend the Assisted Reproductive Treatment Act 1988


.


Contents

Part 1—Preliminary


1Short title


2Commencement


3Amendment provisions


Part 2—Amendment of Assisted Reproductive Treatment Act 1988


4Amendment of section 3—Interpretation


5Amendment of section 4A—Health and welfare of child paramount


6Amendment of section 15—Donor conception register


7Insertion of section 15A


15ABirth certificates


8Insertion of section 16A


16APreservation of records


9Amendment of section 20—Regulations



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Assisted Reproductive Treatment (Review Recommendations) Amendment Act 2020.

2—Commencement

This Act comes into operation—

(a) immediately after Schedule 1 clause 4 of the Surrogacy Act 2019


comes into operation; or

(b) on the day on which it is assented to by the Governor,

whichever occurs second.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Assisted Reproductive Treatment Act 1988

4—Amendment of section 3—Interpretation

Section 3—after the definition of registered objector insert:

Registrar means the Registrar of Births, Deaths and Marriages within the meaning of the Births, Deaths and Marriages Registration Act 1996


.

5—Amendment of section 4A—Health and welfare of child paramount

Section 4A—before "welfare" insert:

health and

6—Amendment of section 15—Donor conception register

(1) Section 15(1)—delete "Minister" and substitute:

Registrar

(2) Section 15(2)—delete "Minister" and substitute:

Registrar

(3) Section 15(3)—delete "Minister" and substitute:

Registrar

(4) Section 15(5)—delete "Minister" and substitute:

Registrar

(5) Section 15(6)—delete "Minister" wherever occurring and substitute in each case:

Registrar

7—Insertion of section 15A

Before section 16 insert:

15A—Birth certificates

If assisted reproductive treatment provided in accordance with this Act results in the birth of a child, a birth certificate issued by the Registrar for the child may, at the option of the person to whom the certificate is issued, include a statement indicating that the child’s father was a donor under this Act.

8—Insertion of section 16A

After section 16 insert:

16A—Preservation of records

(1) A person in possession of a record or document relating to the provision of assisted reproductive treatment (other than a record or document to which section 16 applies) must ensure that the record or document is retained in accordance with any requirement set out in the regulations.

Maximum penalty: $50 000.

(2) This section applies in relation to a record or document whether created before or after the commencement of this section.

9—Amendment of section 20—Regulations

Section 20(2)(d)—delete "Minister" and substitute:

Registrar

 


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