Victorian Numbered Acts

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 (NO. 76 OF 2008)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Interpretation of references to procedures and treatment  
   5.      Guiding principles  
   6.      Act to bind the Crown  

   PART 2--TREATMENT PROCEDURES

           Division 1--General

   7.      Assisted reproductive treatment  
   8.      Artificial insemination  
   9.      Section 8 not applicable to self insemination  

           Division 2--General requirements for treatment procedures

   10.     Persons who may undergo treatment procedures  
   11.     Requirements as to consent  
   12.     Child protection order check  
   13.     Counselling  
   14.     Presumption against treatment  
   15.     Application for review  

           Division 3--Requirements for donors

   16.     Donation of gametes or an embryo  
   17.     Requirements as to consent  
   18.     Counselling requirements  
   19.     Requirements as to the giving and receiving of information  

           Division 4--Provisions about consent

   20.     Withdrawal of consent  
   21.     Lapsing of consent  
   22.     Record of consent and withdrawal of consent  
   23.     Transfer of documents  
   24.     Information about transfer of donated gametes or an embryo  

           Division 5--Requirements for donor treatment procedures

   25.     Information and advice  

   PART 3--OFFENCES RELATING TO USE AND STORAGE OF GAMETES AND EMBRYOS AND OTHER MATTERS

           Division 1--Prohibited procedures

   26.     Procedures involving gametes produced by children  
   27.     Ban on certain procedures  
   28.     Ban on sex selection  
   29.     Ban on using donated gametes to produce more than 10 families  
   30.     Ban on destructive research on embryos created for treatment purposes  

           Division 2--Storage

   31.     Storing gametes  
   32.     Prohibition on storing embryos except in particular circumstances  
   33.     Storing embryos for later transfer  
   34.     Removal of embryos from storage  

           Division 3--General offences in relation to gametes and embryos

   35.     Formation of embryos  
   36.     Moving donated gametes and embryos into and out of Victoria  
   37.     Exemption  

           Division 4--Offence in relation to giving information

   38.     False or misleading information  

   PART 4--SURROGACY

   39.     Certain surrogacy arrangements to require approval of Patient Review Panel  
   40.     Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement  
   41.     Patient Review Panel may approve non-complying surrogacy arrangement in exceptional circumstances  
   42.     Application of general requirements for treatment to surrogacy arrangement  
   43.     Counselling and legal information  
   44.     Surrogacy costs  
   45.     Prohibition on certain publications  

   PART 5--POSTHUMOUS USE OF GAMETES

   46.     Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider  
   47.     Approval by Patient Review Panel  
   48.     Counselling  

   PART 6--REGISTERS AND ACCESS TO INFORMATION

           Division 1--Registers kept by registered ART providers and doctors

   49.     Register to be kept by registered ART providers  
   50.     Register to be kept by doctor carrying out artificial insemination  
   51.     Information to be given to the Registrar by registered ART providers  
   52.     Information to be given to Registrar by doctors  
   53.     Registrar to keep a Central Register  
   54.     Registrar to correct Central Register  
   55.     Information recorded by registered ART providers that is to be given to donors  

           Division 3--Disclosure of information on Central Register

   56.     Application for information on Central Register  
   57.     Disclosure of information that does not identify a person  
   58.     Disclosure of information to parent of person born as a result of donor treatment or donor  
   59.     Disclosure of information to persons born as a result of donor treatment procedure  
   60.     Disclosure of information to persons descended from persons born as a result of donor treatment procedure  
   61.     Requirement for counselling  
   62.     Notice to be given of intended disclosure  
   63.     Disclosure of information to Authority  

           Division 4--General provisions

   64.     Information  
   65.     Disclosure of information to doctor  
   66.     Records of information disclosed  
   67.     Consent  
   68.     Exemption from Freedom of Information Act 1982  

   PART 7--VOLUNTARY REGISTER

   69.     Application of Part  
   70.     Registrar to keep Voluntary Register  
   71.     Information to be recorded in Voluntary Register  
   72.     Disclosure of information  
   73.     Requirement for counselling  

   PART 8--REGISTRATION AND DESIGNATED OFFICERS

           Division 1--Registration as an ART provider

   74.     Registration as an ART provider  
   75.     Authority may impose conditions on registration  

           Division 2--General provisions about registrations

   76.     Suspension of registration  
   77.     Immediate suspension of registration  
   78.     Offence of failing to notify authority if RTAC accreditation no longer held  
   79.     Notification to Minister  

           Division 3--Designated officers

   80.     Designated officers for registered ART providers  

           Division 4--List of registered ART providers

   81.     Authority to keep list  

   PART 9--PATIENT REVIEW PANEL

           Division 1--Constitution and procedures of Patient Review Panel

   82.     Establishment of Panel  
   83.     Constitution of Panel  
   84.     List of approved names  
   85.     Functions of Panel  
   86.     Chairperson and deputy chairperson  
   87.     Removal of name from approved list  
   88.     Payment of members  
   89.     Notice of hearing  
   90.     Conduct of hearing  
   91.     Decision by Patient Review Panel  
   92.     Written reasons for decisions  
   93.     Effect of vacancy or defect  
   94.     Immunity  
   95.     Evidence  

           Division 2--Review of Patient Review Panel's decisions

   96.     Reviewable decisions  
   97.     Who may apply for review  
   98.     When application must be made  

   PART 10--VICTORIAN ASSISTED REPRODUCTIVE TREATMENT AUTHORITY

           Division 1--Constitution of the Authority

   99.     Establishment of Authority  
   100.    Powers, functions, duties and consultation requirements  
   101.    Membership  
   102.    Terms of office  
   103.    Resignation and removal  
   104.    Chairperson and deputy chairperson  
   105.    Acting member  
   106.    Payment of members  
   107.    Procedure of Authority  
   108.    Effect of vacancy or defect  
   109.    Member's interests  
   110.    Immunity  
   111.    Engagement or employment of persons  
   112.    Delegation  
   113.    Committees  

           Division 2--Reporting and financial provisions

   114.    Report to Minister  
   115.    Victorian Assisted Reproductive Treatment Authority Fund  
   116.    Investment powers  

   PART 11--GENERAL

   117.    No action if gametes used without knowing consent withdrawn or lapsed  
   118.    Identity cards  
   119.    Powers and duties of members of Authority to inspect documents  
   120.    Offence to obstruct or hinder  
   121.    Prohibition on destruction of documents  
   122.    Requirements if registered ART provider ceases to operate  
   123.    Indictable offences  

   PART 12--REGULATIONS

   124.    Regulations  
   125.    Application etc of regulations  

   PART 13--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

           Division 1--Repeal

   126.    Repeal  

           Division 2--Transitional provisions

   127.    Definitions  
   128.    References to repealed Act etc  
   129.    Consents  
   130.    Registers  
   131.    Licence holders  
   132.    Authority  
   133.    Applications  
   134.    Transitional regulations  

           Division 3--Savings provision

   135.    Continued operation of Infertility Treatment Regulations  

   PART 14--AMENDMENTS TO THE STATUS OF CHILDREN ACT 1974

   136.    Principal Act  
   137.    Definitions  
   138.    Evidence of parentage  
   139.    Instruments may be filed with Registrar of Births, Deaths and Marriages  
   140.    Application to Supreme Court for declaration of parentage  
   141.    Substitute heading to Part II  
   142.    Interpretation  
   143.    Artificial insemination: presumption as to status of child  
   144.    Implantation procedures: presumption as to status of child where donor semen used  
   145.    Implantation procedures: presumption as to status of child where donor ovum used  
   146.    Donor semen used in artificial insemination of certain women  
   147.    Substitute Part III  
   148.    Repeal of Part  

   PART 15--AMENDMENTS TO BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996

   149.    Purposes  
   150.    Definitions  
   151.    Registrar's general functions  
   152.    Registration of parentage details  
   153.    New sections 17A and 17B  
   154.    New section 19A  

   PART 16--CONSEQUENTIAL AMENDMENTS OF OTHER ACTS

           Division 1--Amendment of Freedom of Information Act 1982

   155.    Document affecting personal privacy  

           Division 2--Amendment of Magistrates' Court Act 1989

   156.    Amendment of Schedule 4  

           Division 3--Amendment of Public Health and Wellbeing Act 2008

   157.    Tissue donations  
   158.    Definition of Secretary  

           Division 4--Amendment of Victorian Civil and Administrative Tribunal Act 1998

   159.    Amendment of Schedule 1  
           ENDNOTES


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