Victorian Numbered Acts

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 (NO. 76 OF 2008) - SECT 37

    (1)     If a person has approval under section 36(2) to bring gametes or an embryo into Victoria the Authority may exempt a person from compliance with the following provisions in relation to     the gametes or embryo, or a donor of the gametes or embryo—

        (a)     sections 17(2), 18, 19, 20(3) and 32(2)(c) and (3);

        (b)     Division 1 of Part 6;

        (c)     any other prescribed provision of this Act or the regulations.

    (2)     The Authority may exempt a person under subsection (1) only if the Authority is satisfied that—

        (a)     similar procedures have taken place outside Victoria; and

        (b)     there are special circumstances that warrant the exemption.

    (3)     If a person has approval under section 36(2) to take gametes or an embryo from Victoria the Authority may exempt the person from compliance with the following provisions in relation to the gametes or embryo—

        (a)     sections 32(2) and 35;

        (b)     any other prescribed provision of this Act or the regulations.

    (4)     The Authority may exempt a person under subsection (3) only if the Authority is satisfied that—

        (a)     the gametes or embryo will be used in a way that is consistent with this Act; and

        (b)     there are special circumstances that warrant the exemption.

    (5)     An exemption granted under this section—

        (a)     must be made in writing; and

        (b)     may relate to the whole or a part of a provision; and

        (c)     may be subject to conditions imposed by the Authority.

    (6)     A person granted an exemption under this section must comply with any condition imposed by the Authority on the exemption.

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