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ASSISTED REPRODUCTIVE TREATMENT AMENDMENT ACT 2021 (NO. 39 OF 2021) - SECT 39

New Division 7 of Part 13 inserted

After section 145 of the Principal Act insert

" Division 7—Transitional provisions—Assisted Reproductive Treatment Amendment Act 2021

        146     Definition

In this Division—

"amending Act "means the Assisted Reproductive Treatment Amendment Act 2021 .

        147         Application of amendments to gametes or embryos donated before commencement

    (1)     Despite the commencement of sections 10 and 13 of the amending Act, this Act as in force immediately before the commencement of those sections continues to apply in respect of a consent given under section 16 before the commencement of those sections.

    (2)     Despite the commencement of sections 20, 21, 22, 23 and 24 of the amending Act, this Act as in force immediately before the commencement of those sections continues to apply in respect of—

        (a)     an embryo that was formed before the commencement of those sections; and

        (b)     an embryo that is formed on or after the commencement of those sections from donor sperm or a donor oocyte, if the sperm or oocyte was donated before the commencement of those sections.

        148     Posthumous use of gametes or embryo

Despite the commencement of section 30 of the amending Act, section 46 as in force immediately before the commencement of that section 30 continues to apply in respect of posthumous use of a deceased person's gametes or an embryo created from a deceased person's gametes if     the deceased person had provided written consent under section 46(b) before the commencement of that section 30.

        149     Information to be given to donors by doctors

    (1)     Section 55A, inserted by section 34 of the amending Act, does not apply in respect of information held by a doctor in a register if the information was included in that register before the commencement of section 34 of the amending Act.

    (2)     Section 55A, inserted by section 34 of the amending Act, does not apply in respect of information held by a doctor in a register that is included in that register after the commencement of section 34 of the amending Act, unless the woman and her partner (if any) to whom the information relates have been given the written advice required by section 25(2).".

Part 3—Consequential amendments to the Principal Act    



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