South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"accredited ART centre" means a person or body accredited to carry out
assisted reproductive technology by—
(a) the
Reproductive Technology Accreditation Committee of the Fertility Society of
Australia; or
(b) if
the regulations prescribe another body or other bodies in addition to, or
instead of, the body mentioned in paragraph (a)—that other body or
any of those other bodies, as the case requires;
"AHEC" means the Australian Health Ethics Committee established by the
National Health and Medical Research Council Act 1992 of the
Commonwealth;
"Commonwealth authority" means—
(a) a
body corporate established for a public purpose by or under an Act of the
Commonwealth; or
(b) a
company in which a controlling interest is held by any one of the following
persons, or by 2 or more of the following persons together:
(i)
the Commonwealth;
(ii)
a body covered by paragraph (a);
(iii)
a body covered by either of the above subparagraphs;
"confidential commercial information" means information that has a commercial
or other value that would be, or could reasonably be expected to be, destroyed
or diminished if the information were disclosed;
"disclose", in relation to information, means give or communicate in any way;
"District Court" means the Administrative and Disciplinary Division of the
District Court of South Australia;
"excess ART embryo" means a human embryo that—
(a) was
created, by assisted reproductive technology, for use in the assisted
reproductive treatment of a woman; and
(b) is
excess to the needs of—
(i)
the woman for whom it was created; and
(ii)
her spouse (if any) at the time the embryo was created;
"HREC" means a Human Research Ethics Committee;
"human embryo" means a discrete entity that has arisen from either—
(a) the
first mitotic division when fertilisation of a human oocyte by a human sperm
is complete; or
(b) any
other process that initiates organised development of a biological entity with
a human nuclear genome or altered human nuclear genome that has the potential
to develop up to, or beyond, the stage at which the primitive streak appears,
and has not yet reached 8 weeks of development since the first mitotic
division;
"human reproductive material" means—
(a) a
human embryo; or
(b)
human sperm; or
(c) a
human egg; or
(d) a
thing declared by the regulations to be human reproductive material;
"human sperm" includes human spermatids;
"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;
"inspector" means a person appointed as an inspector under a
related Commonwealth Act;
"licence" means a licence issued under Division 3 of Part 2;
"NHMRC" means the National Health and Medical Research Council established by
the National Health and Medical Research Council Act 1992 of the
Commonwealth;
"NHMRC Licensing Committee" means the Committee established by section 13 of
the Research Involving Human Embryos Act 2002 of the Commonwealth;
"proper consent", in relation to the use of an excess ART embryo or a
human egg, or the creation or use of any other embryo, means consent obtained
in accordance with guidelines issued by the Chief Executive Officer of the
NHMRC under the National Health and Medical Research Council Act 1992 of the
Commonwealth and prescribed by the regulations under the Research Involving
Human Embryos Act 2002 of the Commonwealth for the purposes
of the definition of "proper consent" in that Act;
"record" means a record of any kind, including a disk, tape or other article
from which information is capable of being reproduced (with or without the aid
of another article or device);
"related Commonwealth Act" means—
(a) the
Prohibition of Human Cloning for Reproduction Act 2002 of the
Commonwealth; or
(b) the
Research Involving Human Embryos Act 2002 of the Commonwealth;
"responsible person" means—
(a) in
relation to an excess ART embryo—
(i)
each person who provided the egg or sperm from which the
embryo was created; and
(ii)
the woman for whom the embryo was created, for the
purpose of achieving her pregnancy; and
(iii)
any person who was the spouse of a person mentioned in
subparagraph (i) at the time the egg or sperm mentioned in that
subparagraph was provided; and
(iv)
any person who was the spouse of the woman mentioned in
subparagraph (ii) at the time the embryo was created; or
(b) in
relation to an embryo other than an excess ART embryo—each person whose
reproductive material, genetic material or cell was used, or is proposed to be
used, in the creation or use of the embryo; or
(c) in
relation to a human egg—the woman who was the biological donor of the
egg;
"South Australian clinical practice licence" means a licence to carry out
artificial fertilisation procedures issued under Part 3 of the Reproductive
Technology (Clinical Practices) Act 1988 ;
"spouse", in relation to a person, includes a person who, although not legally
married to the person, is living with the person as the person's spouse on a
bona fide domestic basis;
"State" includes the Australian Capital Territory and the Northern Territory;
"unsuitable for implantation", in relation to a human embryo, means a
human embryo that—
(a) is
diagnosed by preimplantation genetic diagnosis as unsuitable for implantation,
in accordance with the Ethical Guidelines on the Use of Assisted Reproductive
Technology in Clinical Practice and Research (2004) , issued by the Chief
Executive Officer of the NHMRC; or
(b) is
determined to be unsuitable for implantation in the body of a woman, in
accordance with objective criteria specified in guidelines issued by the Chief
Executive Officer of the NHMRC under the National Health and Medical Research
Council Act 1992 of the Commonwealth and prescribed by the regulations under
the Research Involving Human Embryos Act 2002 of the Commonwealth for the
purposes of the definition of "unsuitable for implantation in that Act;
"use" includes develop, or development, as the case requires;
"woman" means a female human.
(2) 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.
(3) For the purposes
of paragraph (b) of the definition of
"excess ART embryo" in subsection (1), a human embryo is excess to the
needs of the persons mentioned in that paragraph at a particular time
if—
(a) each
such person has given written authority for use of the embryo for a purpose
other than a purpose relating to the assisted reproductive technology
treatment of the woman concerned, and the authority is in force at that time;
or
(b) each
such person has determined in writing that the embryo is excess to their
needs, and the determination is in force at that time.
(4) A reference in
this Act to an "embryo" (including a human embryo) is a reference to a living
embryo.
(5) A reference in
this Act to a "human egg" is a reference to a human oocyte.
(6) A reference in
this Act to a "human embryo" does not include a reference to—
(a) a
hybrid embryo; or
(b) a
human embryonic stem cell line.