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This legislation has been repealed.

HUMAN CLONING (PROHIBITION) ACT 2004 (REPEALED) - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     Executive

              •     under.

"excess ART embryo"—see the Human Embryo (Research) Act 2004, section 9.

"human embryo"—see section 7.

"woman "means a female human.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

cl = clause

pres = present

def = definition

prev = previous

dict = dictionary

(prev...) = previously

disallowed = disallowed by the Legislative

pt = part

Assembly

r = rule/subrule

div = division

reg = regulation/subregulation

exp = expires/expired

renum = renumbered

Gaz = Gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3     Legislation history

Most of the provisions of this Act were relocated to the Human Cloning and Embryo Research Act 2004 A2004-22.

Human Cloning (Prohibition) Act 2004 A2004-21

notified LR 7 April 2004

s 1, s 2 commenced 7 April 2004 (LA s 75 (1))

remainder commenced 8 April 2004 (s 2)

as amended by

Human Cloning and Embryo Research Act 2004 A2004-22
(orig Human Embryo (Research) Act 2004) sch 1 pt 1.2

notified LR 7 April 2004

s 1, s 2 commenced 7 April 2004 (LA s 75 (1))

sch 1 pt 1.2 commenced 8 April 2004 (s 2)

as repealed by

Human Cloning and Embryo Research Act 2004 A2004-22
(orig Human Embryo (Research) Act 2004) s 41 (4)

notified LR 7 April 2004

s 1, s 2 commenced 7 April 2004 (LA s 75 (1))

s 41 (4) commenced 8 April 2004 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Meaning of human embryo clone
s 8     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 7A by A2004-22 amdt 1.11

Prohibited practices
pt 2 hdg     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 pt 1A hdg by A2004-22 amdt 1.12

Human cloning
div 2.1 hdg     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 div 1A.1 hdg by A2004-22 amdt 1.12

Offence—creating human embryo clone
s 9     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 9 by A2004-22 amdt 1.12

Offence—placing human embryo clone in body of human or animal
s 10     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 10 by A2004-22 amdt 1.12

Offence—importing or exporting human embryo clone
s 11     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 11 by A2004-22 amdt 1.12

No defence that human embryo clone could not survive
s 12     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 12 by A2004-22 amdt 1.12

Other prohibited practices
div 2.2 hdg     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 div 1A.2 hdg by A2004-22 amdt 1.12

Offence—creating human embryo otherwise than by fertilisation etc
s 13     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 13 by A2004-22 amdt 1.12

Offence—creating human embryo for purpose other than achieving pregnancy
s 14     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 14 by A2004-22 amdt 1.12

Offence—creating etc human embryo containing genetic material from more than 2 people
s 15     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 15 by A2004-22 amdt 1.12

Offence—developing human embryo outside body of woman for longer than 14 days
s 16     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 16 by A2004-22 amdt 1.12

Offence—using precursor cells to create human embryo etc
s 17     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 17 by A2004-22 amdt 1.12

Offence—heritable alterations to genome
s 18     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 18 by A2004-22 amdt 1.12

Offence—collecting viable human embryo from woman's body
s 19     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 19 by A2004-22 amdt 1.12

Offence—creating chimeric or hybrid embryo
s 20     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 20 by A2004-22 amdt 1.12

Offence—placing of embryo
s 21     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 21 by A2004-22 amdt 1.12

Offence—importing, exporting or placing prohibited embryo
s 22     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 22 by A2004-22 amdt 1.12

Offence—commercial trading in human eggs etc
s 23     reloc to Human Cloning and Embryo Research Act 2004 A2004-22 s 23 by A2004-22 amdt 1.12

Dictionary
dict     def animal reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13
    def chimeric embryo reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13
    def human embryo clone reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13
    def human sperm reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13
    def hybrid embryo reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13
    def precursor cell reloc to Human Cloning and Embryo Research Act 2004 A2004-22 dict by A2004-22 amdt 1.13

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No and date

Effective

Last amendment made by

Republication for

R1
8 Apr 2004

8 Apr 2004–
8 Apr 2004

A2004-22

new Act and amendments by A2004-22







© Australian Capital Territory 2004

2004-2100.jpg
Australian Capital Territory

A2004-21

Republication No 2

Effective: 9 April 2004

Republication date: 9 April 2004

As repealed by A2004-22 s 41 (4)





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Human Cloning (Prohibition) Act 2004 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 9 April 2004.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

2004-2100.jpg
Australian Capital Territory

Human Cloning (Prohibition) Act 2004 (repealed)


Endnotes

2004-2100.jpg
Australian Capital Territory

Human Cloning (Prohibition) Act 2004 (repealed)




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