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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Form of Bill if House decides to
divide the Research Involving Embryos and Prohibition of Human Cloning
Bill
Prohibition
of Human Cloning Bill 2002
No. ,
2002
A Bill for an Act to
prohibit human cloning and other unacceptable practices associated with
reproductive technology, and for related purposes
Contents
Gene Technology Act
2000 17
A Bill for an Act to prohibit human cloning and other
unacceptable practices associated with reproductive technology, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Prohibition of Human Cloning Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 and 2 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Sections 3 to 62 and Schedule 1 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
The object of this Act is to address concerns, including ethical
concerns, about scientific developments in relation to human reproduction and
the utilisation of human embryos by prohibiting certain practices.
(1) This Act applies as follows:
(a) to things done, or omitted to be done, by constitutional
corporations;
(b) to things done, or omitted to be done, in the course of constitutional
trade or commerce;
(c) to matters within the legislative power of the Commonwealth under
paragraph 51(xxix) of the Constitution;
(d) to the Commonwealth and Commonwealth authorities;
(e) for purposes relating to the collection, compilation, analysis and
dissemination of statistics;
(f) to matters within the legislative power of the Commonwealth under
paragraph 51(xxxix) of the Constitution, so far as it relates to the matters
mentioned in paragraphs (a) to (e) of this subsection.
(2) In this section:
constitutional corporation means a trading, foreign or
financial corporation within the meaning of paragraph 51(xx) of the
Constitution.
constitutional trade or commerce means trade or
commerce:
(a) between Australia and places outside Australia; or
(b) among the States; or
(c) by way of the supply of services to the Commonwealth or to a
Commonwealth authority.
(1) This Act binds the Crown in each of its capacities.
(2) Nothing in this Act renders the Crown liable to be prosecuted for an
offence.
This Act extends to every external Territory.
The Gene Technology Act 2000 is amended as set out in item 1
of Schedule 1.
(1) In this Act:
animal does not include a human.
chimeric embryo means:
(a) a human embryo into which a cell, or any component part of a cell, of
an animal has been introduced; or
(b) a thing declared by the regulations to be a chimeric embryo.
Commonwealth authority means the following:
(a) a body corporate established for a public purpose by or under an
Act;
(b) a company in which a controlling interest is held by any one of the
following persons, or by 2 or more of the following persons together:
(i) the Commonwealth;
(ii) a body covered by paragraph (a);
(iii) a body covered by either of the above subparagraphs.
excess ART embryo means a human embryo that:
(a) was created, by assisted reproductive technology, for use in the
assisted reproductive technology of a woman; and
(b) is excess to the needs of:
(i) the woman for whom it was created; and
(ii) her spouse (if any) at the time the embryo was created.
human embryo means a live embryo that has a human genome or
an altered human genome and that has been developing for less than 8 weeks since
the appearance of 2 pro-nuclei or the initiation of its development by other
means.
human embryo clone means a human embryo that is a genetic
copy of another living or dead human, but does not include a human embryo
created by the fertilisation of a human egg by human sperm.
human sperm includes human spermatids.
hybrid embryo means:
(a) an embryo created by the fertilisation of a human egg by animal sperm;
or
(b) an embryo created by the fertilisation of an animal egg by human
sperm; or
(c) a human egg into which the nucleus of an animal cell has been
introduced; or
(d) an animal egg into which the nucleus of a human cell has been
introduced; or
(e) a thing declared by the regulations to be a hybrid embryo.
precursor cell means a cell that has the potential to develop
into a human egg or human sperm.
spouse, in relation to a person, includes a person who,
although not legally married to the person, is living with the person as the
person’s spouse on a bona fide domestic basis.
State includes the Australian Capital Territory and the
Northern Territory.
woman means a female human.
(2) For the purposes of establishing that a human embryo clone is a
genetic copy of a living or dead human:
(a) it is sufficient to establish that the set of genes in the nuclei of
the cells of the living or dead human has been copied; and
(b) it is not necessary to establish that the copy is an identical genetic
copy.
(3) For the purposes of the definition of human embryo in
subsection (1), in working out the length of the period of development of a
human embryo, any period when the development of the embryo is suspended is to
be disregarded.
(4) For the purposes of the definition of human embryo clone
in subsection (1), a human embryo that results from the technological
process known as embryo splitting is taken not to be created by a process of
fertilisation of a human egg by human sperm.
(5) For the purposes of paragraph (b) of the definition of excess
ART embryo, a human embryo is excess to the needs of the persons
mentioned in that paragraph at a particular time if:
(a) each such person has given written authority for use of the embryo for
a purpose other than a purpose relating to the assisted reproductive technology
treatment of the woman concerned, and the authority is in force at that time;
or
(b) each such person has determined in writing that the embryo is excess
to their needs, and the determination is in force at that time.
A person commits an offence if the person intentionally creates a human
embryo clone.
Maximum penalty: Imprisonment for 15 years.
A person commits an offence if the person intentionally places a human
embryo clone in the body of a human or the body of an animal.
Maximum penalty: Imprisonment for 15 years.
(1) A person commits an offence if the person intentionally imports a
human embryo clone into Australia.
Maximum penalty: Imprisonment for 15 years.
(2) A person commits an offence if the person intentionally exports a
human embryo clone from Australia.
Maximum penalty: Imprisonment for 15 years.
It is not a defence to an offence under section 8, 9 or 10 that the
human embryo clone did not survive or could not have survived.
A person commits an offence if the person intentionally creates a human
embryo by a process other than the fertilisation of a human egg by human sperm,
or intentionally develops a human embryo so created.
Maximum penalty: Imprisonment for 10 years.
(1) A person commits an offence if the person intentionally creates a
human embryo outside the body of a woman, unless the person’s intention in
creating the embryo is to attempt to achieve pregnancy in a particular
woman.
Maximum penalty: Imprisonment for 10 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.
A person commits an offence if the person intentionally creates or
develops a human embryo containing genetic material provided by more than 2
persons.
Maximum penalty: Imprisonment for 10 years.
A person commits an offence if the person intentionally develops a human
embryo outside the body of a woman for a period of more than 14 days, excluding
any period when development is suspended.
Maximum penalty: Imprisonment for 10 years.
A person commits an offence if the person uses precursor cells taken from
a human embryo or a human fetus, intending to create a human embryo, or
intentionally develops an embryo so created.
Maximum penalty: Imprisonment for 10 years.
(1) A person commits an offence if:
(a) the person alters the genome of a human cell in such a way that the
alteration is heritable by descendants of the human whose cell was altered;
and
(b) in altering the genome, the person intended the alteration to be
heritable by descendants of the human whose cell was altered.
Maximum penalty: Imprisonment for 10 years.
(2) In this section:
human cell includes a human embryonal cell, a human fetal
cell, human sperm or a human egg.
A person commits an offence if the person removes a human embryo from the
body of a woman, intending to collect a viable human embryo.
Maximum penalty: Imprisonment for 10 years.
(1) A person commits an offence if the person intentionally creates a
chimeric embryo.
Maximum penalty: Imprisonment for 10 years.
(2) A person commits an offence if the person intentionally creates a
hybrid embryo.
Maximum penalty: Imprisonment for 10 years.
(1) A person commits an offence if the person intentionally places a human
embryo in an animal.
Maximum penalty: Imprisonment for 10 years.
(2) A person commits an offence if the person intentionally places a human
embryo in the body of a human, other than in a woman’s reproductive
tract.
Maximum penalty: Imprisonment for 10 years.
(3) A person commits an offence if the person intentionally places an
animal embryo in the body of a human for any period of gestation.
Maximum penalty: Imprisonment for 10 years.
(1) A person commits an offence if the person intentionally imports an
embryo into Australia knowing that, or reckless as to whether, the embryo is a
prohibited embryo.
Maximum penalty: Imprisonment for 10 years.
(2) A person commits an offence if the person intentionally exports an
embryo from Australia knowing that, or reckless as to whether, the embryo is a
prohibited embryo.
Maximum penalty: Imprisonment for 10 years.
(3) A person commits an offence if the person intentionally places an
embryo in the body of a woman knowing that, or reckless as to whether, the
embryo is a prohibited embryo.
Maximum penalty: Imprisonment for 10 years.
(4) In this section:
prohibited embryo means:
(a) a human embryo created by a process other than the fertilisation of a
human egg by human sperm; or
(b) a human embryo created outside the body of a woman, unless the
intention of the person who created the embryo was to attempt to achieve
pregnancy in a particular woman; or
(c) a human embryo that contains genetic material provided by more than 2
persons; or
(d) a human embryo that has been developing outside the body of a woman
for a period of more than 14 days, excluding any period when development is
suspended; or
(e) a human embryo created using precursor cells taken from a human embryo
or a human fetus; or
(f) a human embryo that contains a human cell (within the meaning of
section 17) whose genome has been altered in such a way that the alteration
is heritable by human descendants of the human whose cell was altered;
or
(g) a human embryo that was removed from the body of a woman by a person
intending to collect a viable human embryo; or
(h) a chimeric embryo or a hybrid embryo.
(1) A person commits an offence if the person intentionally gives or
offers valuable consideration to another person for the supply of a human egg,
human sperm or a human embryo.
Maximum penalty: Imprisonment for 10 years.
(2) A person commits an offence if the person intentionally receives, or
offers to receive, valuable consideration from another person for the supply of
a human egg, human sperm or a human embryo.
Maximum penalty: Imprisonment for 10 years.
(3) In this section:
reasonable expenses:
(a) in relation to the supply of a human egg or human
sperm—includes, but is not limited to, expenses relating to the
collection, storage or transport of the egg or sperm; and
(b) in relation to the supply of a human embryo:
(i) does not include any expenses incurred by a person before the time
when the embryo became an excess ART embryo; and
(ii) includes, but is not limited to, expenses relating to the storage or
transport of the embryo.
valuable consideration, in relation to the supply of a human
egg, human sperm or a human embryo by a person, includes any inducement,
discount or priority in the provision of a service to the person, but does not
include the payment of reasonable expenses incurred by the person in connection
with the supply.
This Act is not intended to exclude the operation of any law of a State,
to the extent that the law of the State is capable of operating concurrently
with this Act.
(1) The Minister must cause an independent review of the operation of this
Act to be undertaken as soon as possible after the second anniversary of the day
on which this Act received the Royal Assent.
(2) The review is to be undertaken by persons chosen by the Minister, with
the agreement of each State.
(3) The persons undertaking the review must give the Council of Australian
Governments a written report of the review before the third anniversary of the
day on which this Act received the Royal Assent.
(4) The persons undertaking the review must consider and report on the
scope and operation of this Act taking into account the following:
(a) developments in technology in relation to assisted reproductive
technology;
(b) developments in medical research and scientific research and the
potential therapeutic applications of such research;
(c) community standards.
(5) The report must contain recommendations about amendments that should
be made to this Act, having regard to the matters mentioned in
subsection (4).
(6) The persons undertaking the review must consult:
(a) the Commonwealth and the States; and
(b) a broad range of persons with expertise in or experience of
relevant disciplines;
and the views of the Commonwealth, the States and the persons mentioned in
paragraph (b) must be set out in the report to the extent that it is
reasonably practicable to do so.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Before the Governor-General makes regulations under this Act, the
Minister must be satisfied that:
(a) the States have been consulted in relation to the proposed
regulations; and
(b) the proposed regulations have been prepared having regard to views
expressed by the States in those consultations.
1 Sections 192B, 192C and
192D
Repeal the sections.