Victorian Current Acts

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 34A

    (1)     A registered ART provider may cause or permit an embryo to remain in storage for up to 3 months after—

S. 34A(1)(a) substituted by No. 39/2021 s. 24.

        (a)     the responsible persons in relation to the embryo give written consent to its removal; or

        (b)     the expiry of the relevant period referred to in section 33(2); or

        (c)     in case of a pending application, the relevant day unless the Tribunal approves the longer storage period on the relevant day; or

        (d)     if the Patient Review Panel refuses to approve a further storage period under section 33A(3), the relevant day unless the Tribunal approves the further storage period on the relevant day; or

        (e)     in case of a direction under section 34(1)(c), the relevant day unless the Tribunal decides on the relevant day that the embryo should not be removed.

    (2)     In case of a pending application or a direction under section 34(1)(c) , a registered ART provider may cause or permit an embryo to remain in storage until the earlier of the following—

        (a)     in case of a pending application, the Patient Review Panel approves the longer storage period; or

        (b)     if the Patient Review Panel refuses or has refused to approve a longer storage period, or has directed that an embryo be removed from storage, the relevant day.

    (3)     A person must not use an embryo kept in storage under subsection (1) or (2) unless the use by the person consists only of—

        (a)     storage of the embryo; or

        (b)     removal of the embryo from storage.

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

    (4)     For the purposes of this section—

"pending application" means either of the following that, on the expiry of the relevant period referred to in section 33(2), had been made but not yet decided—

        (a)     an application to the Patient Review Panel for approval of a longer storage period; or

        (b)     an application to the Tribunal for review of the Patient Review Panel's decision not to approve a longer storage period;

"relevant day" means the day—

        (a)     that is 28 days after the Patient Review Panel refuses to approve the longer or further storage period, or directs that an embryo be removed from storage; or

        (b)     if an application is made to the Tribunal for review of the Patient Review Panel's decision, the Tribunal decides the application.

Division 3—General offences in relation to gametes and embryos