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This is a Bill, not an Act. For current law, see the Acts databases.


HUMAN CLONING AND OTHER PROHIBITED PRACTICES BILL 2003




                        New South Wales




Human Cloning and Other Prohibited
Practices Bill 2003


Contents

                                                                    Page
Part 1   Preliminary
          1    Name of Act                                            2
          2    Commencement                                           2
          3    Object of Act                                          2
          4    Definitions                                            2

Part 2   Prohibited practices
         Division 1    Human cloning
          5    Offence--creating a human embryo clone                  4
          6    Offence--placing a human embryo clone in the human body
               or the body of an animal                                4
          7    No defence that human embryo clone could not survive    4
Human Cloning and Other Prohibited Practices Bill 2003

Contents

                                                                              Page
             Division 2       Other prohibited practices
               8    Offence--creating a human embryo other than by fertilisation,
                    or developing such an embryo                                  4
               9    Offence--creating a human embryo for a purpose other than
                    achieving pregnancy in a woman                                4
              10    Offence--creating or developing a human embryo containing
                    genetic material provided by more than 2 persons              5
              11    Offence--developing a human embryo outside the body of a
                    woman for more than 14 days                                   5
              12    Offence--using precursor cells from a human embryo or a
                    human foetus to create a human embryo, or developing such
                    an embryo                                                     5
              13    Offence--heritable alterations to genome                      5
              14    Offence--collecting a viable human embryo from the body of
                    a woman                                                       6
              15    Offence--creating a chimeric or hybrid embryo                 6
              16    Offence--placing of an embryo                                 6
              17    Offence--placing a prohibited embryo                          6
              18    Offence--commercial trading in human eggs, human sperm
                    or human embryos                                              7

Part 3       Miscellaneous
              19    Review of Act                                                9
              20    Regulations                                                  9




Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.


                                                 Clerk of the Legislative Assembly.
                                                 Legislative Assembly,
                                                 Sydney,                     , 2003




                              New South Wales




Human Cloning and Other Prohibited
Practices Bill 2003

Act No , 2003




An Act to adopt in this State a uniform Australian approach to the prohibition of
human cloning and certain other practices associated with reproductive
technology; and for other purposes.



See also Research Involving Human Embryos (New South Wales) Bill 2003.




I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.


                           Chairman of Committees of the Legislative Assembly.
Clause 1          Human Cloning and Other Prohibited Practices Bill 2003

Part 1            Preliminary




The Legislature of New South Wales enacts:

Part 1            Preliminary
  1      Name of Act
               This Act is the Human Cloning and Other Prohibited Practices Act
               2003.
  2      Commencement
               This Act commences on a day or days to be appointed by
               proclamation.
  3      Object of Act
         (1)   The object of this Act is to adopt in this State a uniform Australian
               approach to the prohibition of human cloning and certain other
               practices associated with reproductive technology.
         (2)   For that purpose, this Act creates a number of offences that mirror
               offences found in the Prohibition of Human Cloning Act 2002 of the
               Commonwealth.
  4      Definitions
         (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.
               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.




Page 2
Human Cloning and Other Prohibited Practices Bill 2003                  Clause 4

Preliminary                                                             Part 1




              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.
              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.




                                                                              Page 3
Clause 5          Human Cloning and Other Prohibited Practices Bill 2003

Part 2            Prohibited practices




Part 2            Prohibited practices
Division 1           Human cloning
  5      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.
  6      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.
  7      No defence that human embryo clone could not survive
               It is not a defence to an offence under section 5 or 6 that the human
               embryo clone did not survive or could not have survived.

Division 2           Other prohibited practices
  8      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.
  9      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.




Page 4
Human Cloning and Other Prohibited Practices Bill 2003               Clause 10

Prohibited practices                                                 Part 2




       (2)    A defendant does not bear an evidential burden in relation to any
              matter in subsection (1).
10     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.
11     Offence--developing a human embryo outside the body of a woman
       for more than 14 days
              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.
12     Offence--using precursor cells from a human embryo or a human
       foetus 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 foetus, intending to create a
              human embryo, or intentionally develops an embryo so created.
              Maximum penalty: Imprisonment for 10 years.
13     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 foetal cell,
              human sperm or a human egg.




                                                                          Page 5
Clause 14        Human Cloning and Other Prohibited Practices Bill 2003

Part 2           Prohibited practices




14       Offence--collecting a viable human embryo from the body of a
         woman
               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.
15       Offence--creating a chimeric or hybrid embryo
         (1)   A person commits an offence if the person intentionally creates a
               chimeric embryo.
         (2)   A person commits an offence if the person intentionally creates a
               hybrid embryo.
               Maximum penalty: Imprisonment for 10 years.
16       Offence--placing of an embryo
         (1)   A person commits an offence if the person intentionally places a
               human embryo in an animal.
         (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.
         (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.
17       Offence--placing a prohibited embryo
         (1)   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.
         (2)   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


Page 6
Human Cloning and Other Prohibited Practices Bill 2003                Clause 18

Prohibited practices                                                  Part 2




              (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 foetus, or
               (f)     a human embryo that contains a human cell (within the
                       meaning of section 13) 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.
18     Offence--commercial trading in human eggs, human sperm or
       human embryos
       (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 within the meaning of the Prohibition of
                         Human Cloning Act 2002 of the Commonwealth, and
                   (ii) includes, but is not limited to, expenses relating to the
                         storage or transport of the embryo.




                                                                           Page 7
Clause 18      Human Cloning and Other Prohibited Practices Bill 2003

Part 2         Prohibited practices




            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.




Page 8
Human Cloning and Other Prohibited Practices Bill 2003             Clause 19

Miscellaneous                                                      Part 3




Part 3           Miscellaneous
19    Review of Act
      (1)    The Minister is to review this Act to determine whether the policy
             objectives of the Act remain valid and whether the terms of the Act
             remain appropriate for securing those objectives.
      (2)    The review is to be undertaken as soon as possible after the period
             of 2 years from the date of assent to this Act.
      (3)    A report on the outcome of the review is to be tabled in each House
             of Parliament within 12 months after the end of the period of 2
             years.
      (4)    The Minister may undertake the review of this Act at the same time
             as the review required by section 25 of the Prohibition of Human
             Cloning Act 2002 of the Commonwealth, in which case the report
             on the outcome of the review of this Act is to be tabled in each
             House of Parliament as soon as practicable after the Minister has
             completed the review.
20    Regulations
             The Governor may make regulations, not inconsistent with this Act,
             for or with respect to any matter that by this Act is required or
             permitted to be prescribed or that is necessary or convenient to be
             prescribed for carrying out or giving effect to this Act.




                                                                        Page 9


 


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