Queensland Numbered Acts

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2024

- As at 19 September 2024
- Act 46 of 2024

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Main objects of Act
   4.      Definitions
   5.      Meaning of ART procedure and undergoing ART procedure
   6.      Meaning of ART service
   7.      Meaning of ART provider
   8.      Meaning of gamete and embryo
   9.      Meaning of donated gamete and donated embryo
   10.     Application of other legislation
   11.     Act binds all persons

   PART 2 - REGULATION OF ASSISTED REPRODUCTIVE TECHNOLOGY

           Division 1 - ART providers to be licensed

   12.     Requirement to be licensed
   13.     Services to be performed or supervised by medical practitioners

           Division 2 - Information and counselling

   14.     Information for persons provided with ART services
   15.     Counselling services for persons provided with ART services

           Division 3 - Consent

   16.     ART provider to obtain consent
   17.     Consent of gamete provider except in case of donated gametes or donated embryos
   18.     Consent of gamete provider in case of donated gametes or donated embryos
   19.     Consent of person undergoing ART procedure
   20.     Withdrawal or variation of consent
   21.     Verification of identity of gamete provider

           Division 4 - Use of gametes and embryos

   22.     Use of gametes from close family members prohibited
   23.     ART services for children prohibited
   24.     Sex selection prohibited
   25.     Limit on number of donor-related Australian families
   26.     Use of gametes or embryos after death of gamete provider
   27.     Time limit on use of donated gametes or embryos and their disposal

           Division 5 - Retrieval and use of gametes from deceased or unresponsive persons

   28.     Interpretation for division
   29.     Retrieval of gametes from deceased or unresponsive persons
   30.     Persons authorised to request retrieval of gamete
   31.     Use of retrieved gametes
   32.     Application of Transplantation and Anatomy Act 1979 and related provisions

           Division 6 - Information collection and record keeping

   33.     Information to be collected about gamete providers
   34.     Transfer between ART providers of information about gametes or embryos
   35.     Information to be collected about persons who undergo ART procedures
   36.     Keeping of records
   37.     Destruction of records prohibited

           Division 7 - Disclosure of health information

   38.     Disclosure of health information by ART provider
   39.     Disclosure of health information by chief executive

   PART 3 - DONOR CONCEPTION INFORMATION REGISTER

           Division 1 - Preliminary

   40.     Definitions for part
   41.     Information relating to donor-conceived persons to which part applies

           Division 2 - Establishment and maintenance of register

   42.     Registrar to establish and maintain register

           Division 3 - Information held in register

   43.     Sources of information included in register
   44.     Relevant information to be included in register
   45.     Mandatory provision of information by ART providers
   46.     Mandatory provision of historical information
   47.     Voluntary provision of information by parties to private donor conception procedures

           Division 4 - Disclosure of information in register

   48.     Persons who may access information in register
   49.     Consent to provision of information
   50.     Notification of provision of information
   51.     Provision of statistical and other non-identifying information to authorised entities

           Division 5 - Miscellaneous provisions relating to register

   52.     Accuracy of register
   53.     Protection from liability for persons providing historical information and disclosure of information
   54.     Inquiries by registrar relating to information in register
   55.     Unauthorised access to or interference with register
   56.     External review of registrar’s decisions

   PART 4 - LICENSING OF ART PROVIDERS

   57.     Application for licence
   58.     Deciding application for licence
   59.     Conditions of licence
   60.     Term of licence
   61.     Chief executive to be notified of certain events
   62.     Improvement notices
   63.     Prohibition notices
   64.     Cancellation or suspension of licence
   65.     Public register of licensed providers

   PART 5 - INVESTIGATION AND ENFORCEMENT

           Division 1 - Interpretation

   66.     Definitions for part
   67.     References to exercise of powers

           Division 2 - General provisions about inspectors

   68.     Inspectors under part
   69.     Functions of inspectors
   70.     Appointment
   71.     Appointment conditions and limit on powers
   72.     When office ends
   73.     Resignation
   74.     Issue of identity card
   75.     Production or display of identity card
   76.     Return of identity card

           Division 3 - Entry of places by inspectors

              Subdivision 1 - Power to enter

   77.     General power to enter places

              Subdivision 2 - Entry by consent

   78.     Application of subdivision
   79.     Incidental entry to ask for access
   80.     Matters inspector must tell occupier
   81.     Consent acknowledgement

              Subdivision 3 - Entry under warrant

   82.     Application for warrant
   83.     Issue of warrant
   84.     Electronic application
   85.     Additional procedure if electronic application
   86.     Defect in relation to a warrant
   87.     Entry procedure

              Subdivision 4 - General powers of inspectors after entering places

   88.     Application of subdivision
   89.     General powers
   90.     Power to require reasonable help
   91.     Offence to contravene help requirement

           Division 4 - Seizure by inspectors and forfeiture

              Subdivision 1 - Power to seize

   92.     Seizing evidence at place that may be entered without consent or warrant
   93.     Seizing evidence at place that may be entered only with consent or warrant
   94.     Gametes and embryos not subject to seizure
   95.     Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   96.     Power to secure seized thing
   97.     Offence to contravene seizure requirement
   98.     Offence to interfere

              Subdivision 3 - Safeguards for seized things

   99.     Receipt for seized thing
   100.    Access to seized thing
   101.    Return of seized thing

              Subdivision 4 - Forfeiture

   102.    Forfeiture by chief executive decision
   103.    Information notice about forfeiture decision

              Subdivision 5 - Dealing with property forfeited or transferred to State

   104.    When thing becomes property of the State
   105.    How property may be dealt with

           Division 5 - Other information-obtaining powers of inspectors

   106.    Power to require personal details
   107.    Offence to contravene personal details requirement
   108.    Power to require production of document or certification of copy
   109.    Offence to contravene production requirement
   110.    Offence to contravene certification requirement
   111.    Power to require information
   112.    Offence to contravene information requirement

           Division 6 - Damage, compensation and other provisions

   113.    Duty to avoid inconvenience and minimise damage
   114.    Notice of damage
   115.    Compensation
   116.    Obstructing inspector
   117.    Impersonating inspector
   118.    Evidential immunity for individuals complying with particular requirements

   PART 6 - REVIEW OF DECISIONS AND APPEALS

           Division 1 - Preliminary

   119.    Definitions for part
   120.    Review process must start with internal review

           Division 2 - Internal review

   121.    Who may apply for internal review
   122.    Requirements for application for internal review
   123.    Internal review

           Division 3 - Stays of reviewable decisions

   124.    QCAT may stay operation of reviewable decision

           Division 4 - External review

   125.    Applying for QCAT external review
           Note—

           Division 5 - Appeals against property decisions

   126.    Appealing seizure or forfeiture decisions
   127.    Staying operation of property decision
   128.    Powers of court on appeal
   129.    Effect of court’s decision on appeal

   PART 7 - LEGAL PROCEEDINGS

   130.    Application of part
   131.    Appointments and authority
   132.    Signatures
   133.    Evidentiary provisions
   134.    Summary offence proceedings
   135.    Limitation on time for starting offence proceeding
   136.    Allegations of false or misleading information
   137.    Conduct of representatives
   138.    Executive officer may be taken to have committed offence against deemed executive liability provision

   PART 8 - MISCELLANEOUS

   139.    False or misleading information
   140.    Disclosure or use of confidential information
   141.    Chief executive and registrar may share confidential or other information
   142.    Approved forms
   143.    Regulation-making power

   PART 9 - TRANSITIONAL PROVISIONS

   144.    Application of Act to existing matters
   145.    Licensing of existing ART providers
   146.    Donated gametes previously allocated to person for ART procedures
   147.    Donated embryo previously allocated to a person for ART procedures
   148.    Embryo not yet used for ART procedure
   149.    Time limits on use of existing donated gametes and embryos
   150.    Time within which information about pregnancies and births to be collected by ART providers
   151.    Information to be provided for donor conception information register for births using existing gametes or embryos

   PART 10 - AMENDMENT OF LEGISLATION

           Division 1 - Amendment of this Act

   152.    Act amended
   153.    Amendment of long title

           Division 2 - Amendment of Anti-Discrimination Act 1991

   154.    Act amended
   155.    Omission of s 45A (Non-application of s 46 to provision of assisted reproductive technology services)

           Division 3 - Amendment of Births, Deaths and Marriages Registration Act 2023

   156.    Act amended
   157.    Amendment of s 23 (Addendum to birth certificate)
   158.    Insertion of new s 23A
   159.    Amendment of s 99 (The registrar)
   160.    Amendment of s 100 (Staff)
   161.    Amendment of s 105 (Registrar may collect and maintain other information)
           SCHEDULE 1