Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if the person intentionally creates a human embryo by a process of the fertilisation of a human egg by a human sperm outside the body of a woman, unless either or both of the following apply:
(a) the person's intention in creating the embryo is to attempt to achieve pregnancy in a particular woman;
(b) the creation of the embryo by the person is permitted under section 28B of the Research Involving Human Embryos Act 2002 (carrying out activities authorised by mitochondrial donation licences).
Penalty: Imprisonment for 15 years.
(2) Despite subsection 13.3(3) of the Criminal Code , a defendant does not bear an evidential burden in relation to any matter in subsection (1) of this section.