Tasmanian Numbered Acts

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HUMAN CLONING AND OTHER PROHIBITED PRACTICES ACT 2003 (NO. 51 OF 2003) - SECT 4

Interpretation
(1)  In this Act, unless the contrary intention appears –
animal does not include a human;
chimeric embryo means –
(a) a human embryo into which a cell, or any component part of a cell, of an animal has been introduced; or
(b) a thing declared by the regulations to be a chimeric embryo;
human embryo means a live embryo that has a human genome or an altered human genome and that has been developing for less than 8 weeks since the appearance of 2 pro-nuclei or the initiation of its development by other means;
human embryo clone means a human embryo that is a genetic copy of another living or dead human, but does not include a human embryo created by the fertilisation of a human egg by human sperm;
human sperm includes human spermatids;
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;
precursor cell means a cell that has the potential to develop into a human egg or human sperm;
prohibited embryo means –
(a) a human embryo created by a process other than the fertilisation of a human egg by human sperm; or
(b) a human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or
(c) a human embryo that contains genetic material provided by more than 2 persons; or
(d) a human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when the development is suspended; or
(e) a human embryo created using precursor cells taken from a human embryo or human fetus; or
(f) a human embryo that contains a human cell (within the meaning of section 14 ) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or
(g) a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or
(h) a chimeric embryo or a hybrid embryo;
woman means a female human.
(2)  For the purposes of establishing that a human embryo clone is a genetic copy of another living or dead human –
(a) it is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and
(b) it is not necessary to establish that the copy is an identical genetic copy.
(3)  For the purposes of the definition of "human embryo" in subsection (1) , in working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded.
(4)  For the purposes of the definition of "human embryo clone" in subsection (1) , a human embryo that results from the technological process known as embryo splitting is taken not to be created by a process of fertilisation of a human egg by human sperm.


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