Victorian Current Acts

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 34

    (1)     A registered ART provider must not remove an embryo from storage, or cause or permit an embryo to be removed from storage, unless—

        (a)     it is to be used, in accordance with this Act, in a treatment procedure; or

S. 34(1)(b) substituted by No. 39/2021 s. 23.

        (b)     written consent to its removal has been given to a designated officer of the registered ART provider by the responsible persons in relation to the embryo; or

S. 34(1)(c) substituted by No. 39/2021 s. 23.

        (c)     the responsible persons in relation to the embryo are unable to agree on the period for which the embryo is to be stored and the Patient Review Panel has directed that the embryo be removed; or

        (d)     it is required to be removed by reason of the operation of section 33(2).

Penalty:     480 penalty units or 4 years imprisonment or both.

    (2)     A person who removes from storage an embryo that is not to be used for a treatment procedure must ensure that—

        (a)     it is not removed from its container, other than for the sole purpose of observing the embryo; and

        (b)     it is disposed of in accordance with the regulations.

Penalty:     240 penalty units or 2 years imprisonment or both.

S. 34A inserted by No. 18/2013 s. 8.