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PROHIBITION OF HUMAN CLONING FOR REPRODUCTION ACT 2002 - SECT 23BA

Person not liable for conduct purportedly authorised

  (1)   To avoid doubt, a person is not criminally responsible for a licence offence in respect of particular conduct if:

  (a)   the conduct by the person is purportedly authorised by a provision of a general licence or a mitochondrial donation licence; and

  (b)   the licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and

  (c)   the person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision.

  (2)   In this section:

"general licence" includes a purported general licence.

"licence offence" means:

  (a)   for a general licence--an offence against section   22, 23, 23A or 23B; or

  (b)   for a mitochondrial donation licence--an offence against section   12, 13 or 15, subsection   20(3), or section   22 or 23.

"mitochondrial donation licence" includes a purported mitochondrial donation licence.



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