§ The Research Involving Human
Embryos Act No. 145, “An Act to regulate certain activities involving the use
of human embryos, and for related
purposes.” (2002)
http://scaleplus.law.gov.au/html/comact/11/6603/pdf/1452002.pdf
Article 11: “Offence—use of embryo
that is not an excess ART embryo.
A person commits an
offence if:
(a) the person
intentionally uses, outside the body of a woman, a human embryo that is not an
excess ART embryo; and
(b) the use is not for a purpose relating to the assisted
reproductive technology treatment of a woman carried out by an accredited ART
centre, and the person knows or is reckless as to that fact.
Maximum penalty:
Imprisonment for 5 years.”
§ “Prohibition of Human Cloning Act No. 144, “An
Act to prohibit Human Cloning and Other unacceptable practices associated with reproductive
technology, and for related purposes” (2002)
http://www.nhmrc.gov.au/embryo/pdf/prohibit.pdf
http://scaleplus.law.gov.au/html/comact/11/6603/pdf/1452002.pdf
“Part 2—Prohibited practices
Division 1—Human
cloning
9. Offence—creating a human embryo clone
A person commits an
offence if the person intentionally creates a human embryo clone.
Maximum penalty:
Imprisonment for 15 years.
10. Offence—placing a human embryo clone in the human body or the body of an animal
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.
11. Offence—importing or exporting a human
embryo clone
(1) A person commits
an offence if the person intentionally imports a
human embryo
clone into
Maximum penalty:
Imprisonment for 15 years.
(2) A person commits
an offence if the person intentionally exports a
human embryo
clone from
Maximum penalty:
Imprisonment for 15 years.
12. No defence that human embryo clone could
not survive
It is not a defence
to an offence under section 9, 10 or 11 that the
human embryo
clone did not survive or could not have survived.”
“Section 13
Division 2—Other prohibited practices
13. Offence—creating a human embryo other than
by fertilisation, or developing such an embryo.
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.
14. Offence—creating a human embryo for a
purpose other than achieving pregnancy in a woman.
(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.
15. Offence—creating or developing a human
embryo containing genetic material provided by more than 2 persons.
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.
17. Offence—using precursor cells from a human
embryo or a human fetus to create a human embryo, or
developing such an embryo.
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.
18. Offence—heritable alterations to genome
(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.
22. Offence—importing, exporting or placing a
prohibited embryo
(1) A person commits
an offence if the person intentionally imports an embryo into
Maximum penalty: Imprisonment for 10 years.
(2) A person commits
an offence if the person intentionally exports an embryo from
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 18) 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.”
§ Human Assisted Reproductive Technology Act No. 92 (2004)
http://www.legislation.govt.nz/browse_vw.asp?content-set=pal_statutes
8.Prohibited actions
(1)Every person commits an offence who takes an action described in Schedule 1