I. Artificial Conception (Amendment) Bill 1986
II. Human Tissue (Amendment) Bill 1986
III. Children (Equality of Status) Amendment Bill 1986
I. ARTIFICIAL CONCEPTION (AMENDMENT) BILL 1986
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short Title
2. Commencement
3. Amendment of Act No.3, 1984
SCHEDULE 1 - AMENDMENTS TO THE ARTIFICIAL CONCEPTION ACT 1984
ARTIFICIAL CONCEPTION (AMENDMENT) BILL 1986
NEW SOUTH WALES
A BILL FOR
An Act to amend the Artificial Conception Act 1984 with respect to human artificial insemination.
See also Human Tissue (Amendment) Bill 1986: Children (Equality of Status) Amendment Bill 1986.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Short Title
1. This Act may be cited as the "Artificial Conception (Amendment) Act 1986".
Commencement
2. (1) Sections I and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
Amendment of Act No.3, 1984
3. The Artificial Conception Act 1984 is amended in the manner set forth in Schedule 1.
SCHEDULE 1
(Sec. 3)
AMENDMENTS TO THE ARTIFICIAL CONCEPTION ACT 1984
(1) Long title-
After "artificial means;", insert "to regulate artificial insemination;".
(2) Part 1, heading-
Before section 1, insert:
PART 1
PRELIMINARY
(3) Section 2 (Commencement)-
Section 2 (2)-
Omit ", and a reference in this Act to the commencement of this Act is a reference to the commencement of the provisions of this Act, except those sections".
(4) Part 2, heading-
Before section 4, insert:
PART 2
ARTIFICIAL CONCEPTION- PRESUMPTIONS AS TO FATHERHOOD
(5) Section 4 (Application of Part 2)-
(a) Section 4-
Omit "this Act" where firstly, fourthly and fifthly occurring, insert instead "this Part".
(b) Section 4 (1)-
After "section 5" wherever occurring, insert ", 5A".
(6) Section 5A-
After section 5, insert:
Fertilisation procedure: presumption as to status of child of widow 5A. (1) A reference in this section to a fertilisation procedure is reference to-
(a) the artificial insemination of a woman; or
(b) the procedure of implanting in the womb of a woman an ovum produced by the woman and fertilised outside her body.
(2) Where-
(a) the husband of a married woman dies;
(b) the woman, after his death, undergoes a fertilisation procedure in accordance with his previous consent;
(c) the semen used for the fertilisation procedure was stored semen produced by the deceased husband;
(d) the woman becomes pregnant as a result of the fertilisation procedure and a child is born as a result of the pregnancy; and
(e) the woman does not become a married woman after his death and before the birth of that child,
the deceased husband shall be presumed, for all purposes, to have caused the pregnancy and to be the father of that child.
(3) An executor or administrator may distribute the assets of the testator or intestate without making any inquiries as to whether the testator or intestate has or may become the father of a child in the circumstances referred to in subsection (2).
(4) The presumption of law that arises by virtue of subsection (2)
is irrebuttable.
(5) In proceedings in which the operation of subsection (2) is relevant, a deceased husband's consent to the carrying out of a fertilisation procedure in respect of his wife shall be presumed, but that presumption is rebuttable.
(7) Section 6 (Artificial conceptions: presumption as to semen donors)-
(a) Section 6 (1)-
Omit ", in the case of a married woman,".
(b) Section 6 (3)-
After section 6 (2), insert:
(3) A reference in subsection (1) to the husband of a woman includes a reference to the deceased husband of the woman unless she becomes a married woman after his death and before the birth of the child concerned.
(8) Parts 3, 4-
At the end of the Act, insert:
PART 3
ARTIFICIAL INSEMINATION
Interpretation
7. (1) In this Part-
"artificial insemination" means the artificial insemination of a woman, but does not include, except in section 10, the procedure of implanting in the womb of a woman an ovum (whether or not produced by her) fertilised outside her body.
(2) For the purposes of this Part, the parties to any artificial insemination are-
(a) the donor of the semen used in the artificial insemination;
(b) the woman artificially inseminated;
(c) any child born as a result of the artificial insemination; and
(d) in the case of a married woman, her husband at the time of the artificial insemination unless he did not consent to the artificial insemination.
(3) In this Part, a reference to a donor, in relation to semen, is a reference to the person who produced the semen.
Practice of artificial insemination only by or under supervision of medical practitioners
8. (1) A person shall not carry on the practice of artificial insemination unless-
(a) the person is a medical practitioner; or
(b) the practice is carried on under the supervision of a medical practitioner.
Penalty: $2,000 or imprisonment for 6 months, or both.
(2) For the purposes of this section, a person carries on the practice of artificial insemination if-
(a) the person carries out a procedure of, artificial insemination for fee or reward; or
(b) the person advertises or holds himself or herself out as being prepared to carry out a procedure of artificial insemination.
Assessment by medical practitioners
9. (1) A medical practitioner shall, before carrying out a procedure of artificial insemination or authorising the carrying out of such a procedure, give due consideration to the following matters:
(a) whether, in respect of the woman concerned and any
partner-
(i) they are infertile; or
(ii) their children are likely to be affected by a genetic abnormality or disease;
(b) the welfare and interests of any child born as a result of the artificial insemination;
(c) the home environment and the stability of the household in which any such child would live;
(d) whether or not counselling is desirable;
(e) a prospective parent's physical and mental health, age and emotional reaction to artificial conception.
(2) A medical practitioner who contravenes this section is, for the purposes of section 27 (1) (c) of the Medical Practitioners Act 1938, guilty of misconduct in a professional respect.
Certificates from donors of semen relating to medical suitability of donors
10. (1) A person shall not obtain or receive any donor's semen intended for use for artificial insemination (other than for use for the artificial insemination of the donor's wife) unless the donor has, at the time the semen is obtained or received, signed a certificate in or to the effect of the prescribed form relating to the medical suitability of the donor and had the signature witnessed by a prescribed person.
Penalty: $200.
(2) A person shall not use any donor's semen for artificial insemination (other than for the artificial insemination of the donor's wife) if the semen was obtained or received solely for another purpose unless the donor has, at the time or at any time after the semen is obtained or received and before it is used, signed a certificate in or to the effect of the prescribed form relating to the medical suitability of the donor and had the signature witnessed by a prescribed person.
Penalty: $200.
(3) Where a donor is required by this section to sign a certificate and have the signature witnessed and the donor is, by reason of illiteracy or physical incapacity, incapable of signing the certificate, the donor shall be deemed to have signed the certificate and had the signature witnessed in accordance with that requirement if-
(a) in the case of a donor who is illiterate but not physically incapable of signing- the donor makes his mark on the certificate and a prescribed person witnesses the making of the mark and certifies on the certificate that, before the mark was made, the nature and effect of the certificate were explained to the donor; or
(b) in the case of a donor who is physically incapable of signing- a person authorised to do so by the donor has signed the certificate on the donor's behalf and a prescribed person witnesses that signature.
False or misleading statements by donors of semen
11. A donor of semen shall not-
(a) knowingly sign, for the purposes of section 10, a certificate which contains any statement which is false or misleading in a material particular; or
(b) knowingly make any other statement (whether or not in writing) relating to the medical suitability of the donor which is false or misleading in a material particular.
Penalty: $5,000 or imprisonment for I year, or both.
Prohibition on trading in semen
12. (1) A person shall not enter into a contract or an arrangement for the sale or supply, for valuable consideration, of semen produced by that or any other person.
Penalty: $2,000 or imprisonment for 6 months, or both.
(2) Subsection (1) does not apply to or in respect of a contract or an arrangement providing only for-
(a) the payment to a donor for each donation of semen of an amount that does not exceed the maximum amount for the time being fixed by the Minister under subsection (3), or
(b) where no order is in force under subsection (3)- the reimbursement of any expenses necessarily incurred by a donor in connection with the donation of semen.
(3) The Minister may, from time to time by order published in the Gazette, fix the maximum amount that may be paid to a donor for each donation of semen.
(4) Where the expenses necessarily incurred by a donor in connection with a donation of semen exceed the maximum amount for the time being fixed by the Minister under subsection (3), the maximum amount so fixed shall, in respect of that donation of semen, be increased by the amount of that excess.
(5) A contract or an arrangement entered into in contravention of this section is void.
Control over donated semen
13. Semen donated to a person for use in artificial insemination may, subject to any agreement between the person and the donor, be used, stored or disposed of by the person in such manner as the person thinks fit.
Duty of confidentiality owed to all parties to artificial insemination
14. (1) A person who obtains information about any artificial insemination owes to all parties to the artificial insemination the same duty of confidentiality in respect of that information as a medical practitioner owes to a patient who is such a party in respect of information obtained in the medical practitioner's professional capacity.
(2) The duty of confidentiality owed by a medical practitioner to a patient who is a party to artificial insemination in respect of information obtained in the medical practitioner's professional capacity extends to all other parties to the artificial insemination, whether or not they are patients of the medical practitioner.
Disclosure of information about artificial insemination
15. (1) A person shall not disclose to any other person any information whereby the identity of any party to artificial insemination (whether living or dead) may become publicly known.
Penalty: $5,000 or imprisonment for I year, or both.
(2) Subsection (1) does not apply to-
(a) the disclosure of information with the consent of the person (not being a child) to whom the information relates;
(b) the disclosure of information among persons engaged in the administration or enforcement of this Part, if the disclosure is made in the course of their official duties;
(c) the disclosure of information among persons engaged in the administration of any hospital or other place where artificial insemination procedures are carried out or records relating to artificial insemination or the donation of semen are kept, if the disclosure is made in the course of their official duties;
(d) the disclosure of information for the purposes of medical research; or
(e) the disclosure of information required or authorised to be made by an order of a Judge of any court or a Magistrate in connection with any legal proceedings or the report of those proceedings.
(3) Nothing in subsection (2) authorises the further disclosure of information disclosed in accordance with that subsection unless that further disclosure is authorised by that subsection.
(4) In subsection (2) (a), "child" means a person who is under 18 years of age and who is not married.
Keeping of records relating to artificial insemination
16. (1) A person who carries on the practice of artificial insemination (within the meaning of section 8) shall, subject to the regulations, keep clinical and other records relating to the parties to artificial insemination.
Penalty: $200.
(2) Without affecting the generality of subsection (1), the regulations may-
(a) provide for the keeping of certificates given under section 1 0; and
(b) provide for the disposal or transfer of records.
Access to non-identifying information relating to artificial insemination
17. (1) In this section, "non-identifying information" means information relating to artificial insemination, but does not include information whereby the identity of any party to artificial insemination might become publicly known.
(2) A person is entitled to be supplied with non-identifying information in any records relating to artificial insemination if-
(a) the person has good cause to be supplied with the information; and
(b) the information is supplied by agreement with the person having custody of those records or by direction of an authorised officer.
(3) For the purposes of this section, a person has good cause to be supplied with non-identifying information if the person who agrees to supply the information or the authorised officer who directs that the information be supplied is satisfied that the supply of the information is in the interests of the health and welfare of a party to artificial insemination.
(4) In this section-
"authorised officer" means a person for the time being authorised by the Minister for the purposes of this section;
"records" includes records made before the commencement of this section.
PART 4
MISCELLANEOUS
Proceedings for offences
18. Proceedings for an offence against this Act or the regulations shall be dealt with summarily before a Local Court constituted by a Magistrate sitting alone.
Regulations
19. (1) 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.
(2) A regulation may create an offence punishable by a penalty not exceeding $500.
(3) A provision of a regulation may-
(a) apply generally or be limited in its application by reference to specified exceptions or factors;
(b) apply differently according to different factors of a specified kind; or
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body;
or may do any combination of those things.
II. HUMAN TISSUE (AMENDMENT) BILL 1986
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short Title
2. Commencement
3. Amendment of Act No. 164, 1983
SCHEDULE I- AMENDMENTS TO THE HUMAN TISSUE ACT 1983
HUMAN TISSUE (AMENDMENT) BILL 1986
NEW SOUTH WALES
A BILL FOR
An Act to amend the Human Tissue Act 1983 to omit provisions relating to the donation of semen as a consequence of the enactment of the Artificial Conception (Amendment) Act 1986.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Short Title
1. This Act may be cited as the "Human Tissue (Amendment) Act 1986".
Commencement
2. (1) Sections I and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on the commencement of the Artificial Conception (Amendment) Act 1986.
Amendment of Act No. 164, 1983
3. The Human Tissue-Act 1983 is amended in the manner set forth in Schedule 1.
SCHEDULE 1
(Sec. 3)
AMENDMENTS TO THE HUMAN TISSUE ACT 1983
(1) Section 4 (Interpretation)-
(a) Section 4 (2A) (a)-
Omit "and semen".
(b) Section 4 (2B)-
After section 4 (2A), insert:
(2B) In this Act, a reference to tissue does not include a reference to semen.
(2) Section 6 (Interpretation)-
Omit ", semen".
(3) Part IIIA, heading-
Omit "OR SEMEN"..
(4) Section 21A-
Omit the section, insert instead:
Interpretation
21A. In this Part, a reference to a donor, in relation to blood, is a reference to the person from whose body the blood has been removed.
(5) Section 21B (Application of Part)-
Section 21B (2)-
Omit the subsection.
(6) Section 2lC (Certificates by donors)-
(a) Section 21C (1), (2)-
Omit the subsections, insert instead:
(1) A person shall not remove any donor's blood intended-
(a) for the purpose of its tranfusion; or
(b) for the purpose of its use, or the use of any of its constituents, for therapeutic purposes, or for medical purposes or scientific purposes,
unless the donor has, at the time of the removal of the blood, signed a certificate in or to the effect of the prescribed form relating to the medical suitability of the donor and had the signature witnessed by a prescribed person.
Penalty: $200
(2) Where blood has been removed solely for a purpose referred to in section 21B (1), a person shall not subsequently use the blood for any purpose other than a purpose referred to in section 21B (1) unless the donor has, at the time of or at any time after the removal of the blood and before the use of the blood, signed a certificate in or to the effect of the prescribed form relating to the medical suitability of the donor and had the signature witnessed by a prescribed person.
Penalty: $200.
(b) Section 21C (3)-
Omit "or a person of a prescribed class" wherever occurring.
(7) Section 34 (Act does not prevent specified removals of tissue, etc.)-
Section 34 (2)-
Omit "or the obtaining or receipt of semen".
III. CHILDREN (EQUALITY OF STATUS) AMENDMENT BILL 1986
NEW SOUTH WALES
TABLE OF PROVISIONS
1 Short Title
2. Commencement
3. Amendment of Act No. 97, 1976, s. 18A (Effect of Artificial Conception Act 1984).
CHILDREN (EQUALITY OF STATUS) AMENDMENT BILL 1986
NEW SOUTH WALES
A BILL FOR
An Act to amend the Children (Equality of Status) Act 1976 as a consequence of
the enactment of the Artificial Conception (Amendment) Act 1986.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
Short Title
1. This Act may be cited as the "Children (Equality of Status) Amendment Act 1986".
Commencement
2. (1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on the commencement of the Artificial Conception (Amendment) Act 1986.
Amendment of Act No. 97, 1976, s.18A (Effect of Artificial Conception Act 1984)
3. The Children (Equality of Status) Act 1976 is amended by inserting in section
18A after the matter "section 5" wherever occurring the matter "or 5A".
