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STATUTES AMENDMENT (PROHIBITION OF HUMAN CLONING FOR REPRODUCTION AND REGULATION OF RESEARCH INVOLVING HUMAN EMBRYOS) ACT 2009 (NO 11 OF 2009) - SECT 8

8—Amendment of section 3—Interpretation

        (1)         Section 3(1), definition of "human embryo"—delete the definition and substitute:

"human embryo" means a discrete entity that has arisen from either—

            (a)         the first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or

            (b)         any other process that initiates organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears,

and has not yet reached 8 weeks of development since the first mitotic division;

        (2)         Section 3(1)—after the definition of "human sperm" insert:

"hybrid embryo" means—

            (a)         an embryo created by the fertilisation of a human egg by animal sperm; or

            (b)         an embryo created by the fertilisation of an animal egg by human sperm; or

            (c)         a human egg into which the nucleus of an animal cell has been introduced; or

            (d)         an animal egg into which the nucleus of a human cell has been introduced; or

            (e)         a thing declared by the regulations to be a hybrid embryo;

        (3)         Section 3(1), definition of "proper consent"—delete the definition and substitute:

"proper consent", in relation to the use of an excess ART embryo or a human egg, or the creation or use of any other embryo, means consent obtained in accordance with guidelines issued by the Chief Executive Officer of the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the regulations under the Research Involving Human Embryos Act 2002 of the Commonwealth for the purposes of the definition of "proper consent" in that Act;

        (4)         Section 3(1), definition of "related Commonwealth Act", (a)—after " Cloning " insert:

for Reproduction

        (5)         Section 3(1), definition of "responsible person —delete the definition and substitute:

"responsible person" means—

            (a)         in relation to an excess ART embryo

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

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

                  (iii)         any person who was the spouse of a person mentioned in subparagraph (i) at the time the egg or sperm mentioned in that subparagraph was provided; and

                  (iv)         any person who was the spouse of the woman mentioned in subparagraph (ii) at the time the embryo was created; or

            (b)         in relation to an embryo other than an excess ART embryo—each person whose reproductive material, genetic material or cell was used, or is proposed to be used, in the creation or use of the embryo; or

            (c)         in relation to a human egg—the woman who was the biological donor of the egg;

        (6)         Section 3(1)—after the definition of "State" insert:

"unsuitable for implantation", in relation to a human embryo, means a human embryo that—

            (a)         is diagnosed by preimplantation genetic diagnosis as unsuitable for implantation, in accordance with the Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research (2004) , issued by the Chief Executive Officer of the NHMRC; or

            (b)         is determined to be unsuitable for implantation in the body of a woman, in accordance with objective criteria specified in guidelines issued by the Chief Executive Officer of the NHMRC under the National Health and Medical Research Council Act 1992 of the Commonwealth and prescribed by the regulations under the Research Involving Human Embryos Act 2002 of the Commonwealth for the purposes of the definition of "unsuitable for implantation in that Act;

"use" includes develop, or development, as the case requires.

        (7)         Section 3—after subsection (3) insert:

        (4)         A reference in this Act to an "embryo" (including a human embryo) is a reference to a living embryo.

        (5)         A reference in this Act to a "human egg" is a reference to a human oocyte.

        (6)         A reference in this Act to a "human embryo" does not include a reference to—

            (a)         a hybrid embryo; or

            (b)         a human embryonic stem cell line.



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