Victorian Numbered Acts

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PROHIBITION OF HUMAN CLONING FOR REPRODUCTION ACT 2008 (NO. 72 OF 2008) - SECT 16

Offence—importing, exporting or placing a prohibited embryo

    (1)     A person commits an offence if the person intentionally imports an embryo into Victoria knowing that, or reckless as to whether, the embryo is a prohibited embryo.

    (2)     A person commits an offence if the person intentionally exports an embryo from Victoria knowing that, or reckless as to whether, the embryo is a prohibited embryo.

    (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.

    (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 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 11) 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.

    (5)     An offence against subsection (1), (2) or (3) is an indictable offence punishable by imprisonment for a term not exceeding 15 years.



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