South Australian Numbered Acts

STATUTES AMENDMENT (PROHIBITION OF HUMAN CLONING FOR REPRODUCTION AND REGULATION OF RESEARCH INVOLVING HUMAN EMBRYOS) ACT 2009 (NO 11 OF 2009) - SECT 10

10—Insertion of sections 5A and 5B

After section 5 insert:

5A—Offence—use of other embryos

A person commits an offence if—

            (a)         the person intentionally uses an embryo; and

            (b)         the embryo is—

                  (i)         a human embryo created by a process other than the fertilisation of a human egg by a human sperm; or

                  (ii)         a human embryo created by a process other than the fertilisation of a human egg by a human sperm that contains genetic material provided by more than 2 persons; or

                  (iii)         a human embryo created using precursor cells taken from a human embryo or a human fetus; or

                  (iv)         a hybrid embryo; and

            (c)         the use by the person is not authorised by a licence.

Maximum penalty: Imprisonment for 5 years.

Note—

The creation or development of embryos mentioned in this section is prohibited under Part 2 of the Prohibition of Human Cloning for Reproduction Act 2003 , unless authorised by a licence under this Act.

5B—Offence—certain activities involving use of human eggs

A person commits an offence if—

            (a)         the person undertakes research or training involving the fertilisation of a human egg by a human sperm up to, but not including, the first mitotic division, outside the body of a woman for the purposes of research or training in ART; and

            (b)         the person is not authorised by a licence to undertake the research or training.

Maximum penalty: Imprisonment for 5 years.