Tasmanian Numbered Acts

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HUMAN CLONING AND OTHER PROHIBITED PRACTICES ACT 2003 (NO. 51 OF 2003) - SECT 20

Offence – commercial trading in human eggs, human sperm or human embryos
(1)  A person commits an offence if the person intentionally gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo.
Penalty:  Imprisonment for a term not exceeding 10 years.
(2)  A person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo.
Penalty:  Imprisonment for a term not exceeding 10 years.
(3)  In this section –
reasonable expenses , in relation to –
(a) the supply of a human egg or human sperm, includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and
(b) the supply of a human embryo –
(i) does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo, within the meaning of the Prohibition of Human Cloning Act 2002 of the Commonwealth; and
(ii) includes, but is not limited to, expenses relating to the storage or transport of the embryo;
valuable consideration , in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.


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