Human Assisted Reproductive Technology Act 2004

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Reprint as at 1 October 2012

Human Assisted Reproductive Technology Act 2004

Public Act2004 No 92
Date of assent21 November 2004
Commencementsee section 2


Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purposes

4 Principles

5 Interpretation

6 Procedures or treatments may be declared to be established procedures

7 Act binds the Crown

Part 2
Prohibited and regulated activities

Subpart 1Prohibited actions

8 Prohibited actions

9 Duty to stop development of in vitro human or hybrid embryos

10 Restriction and prohibition on further storage of human in vitro embryos and human in vitro gametes stored for applicable period (10 years and extensions)

10A Ethics committee may approve extensions

10B Giving of approval under section 10A

10C Changing of approval under section 10A

10D Cancellation of approval under section 10A

11 Restrictions on sex selection of human embryos

12 Restriction on obtaining gametes from minors

13 Commercial supply of human embryos or human gametes prohibited

14 Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements

15 Advertising for illegal action prohibited

Subpart 2Activities requiring approval of ethics committee

Activities to proceed only in accordance with approvals and regulations

16 Assisted reproductive procedures and human reproductive research only to proceed with prior approval

17 Approved activities must proceed in accordance with applicable conditions and regulations

Matters to be considered and decided by ethics committee

18 Applications for approval

19 Approval of assisted reproductive procedure or research

20 Person responsible for activity

21 Ethics committee may change conditions

22 Ethics committee may cancel approval

23 If approval cancelled, activity must be stopped

Moratorium for particular forms of assisted reproductive procedure or human reproductive research

24 Moratorium may be imposed on forms of assisted reproductive procedure or human reproductive research

25 Committee must not consider applications for approvals subject to moratorium

26 Offence to perform procedures or conduct research subject to moratorium

Designation and functions of ethics committee

27 Designation of ethics committee

28 Functions of ethics committee

Duties of ethics committee in relation to advisory committee

29 Ethics committee must operate expeditiously and in accordance with guidelines of advisory committee

30 Advisory committee to be informed of approvals

Presentation and publication requirements

31 Information about ethics committee must be made public

Subpart 3Advisory committee

Establishment, appointments, and functions

32 Advisory committee must be established

33 Number of members and procedure

34 Appointment of members

35 Functions of advisory committee

Guidelines and advice

36 Advisory committee to publish and notify guidelines

37 Advisory committee to provide specific advice in respect of human reproductive research

38 Advisory committee to provide specific advice in respect of human assisted reproductive technology

39 Advisory committee to call for and consider submissions before giving significant advice

40 Public meetings on proposed significant advice

41 Requirement to consult

Presentation and publication requirements

42 Information about advisory committees to be made public

Part 3
Information about donors of donated embryos or donated cells and donor offspring


43 No retroactive application

44 Provisions not applicable to all information

Duties of keepers of information when information requests are made

45 Duty to ensure that person requesting information is authorised

Advice to prospective donors

46 Providers must give advice to prospective donors and prospective guardians

Information about donors

47 Providers must obtain and accept information about donors

48 Providers and Registrar-General must keep information about donors

49 Access by donors to information about them kept by providers

50 Access by donor offspring to information about donors kept by providers and Registrar-General

51 Restriction on access to information about donors

Information about donor offspring

52 Providers must keep track of donor offspring births

53 Providers must notify Registrar-General of donor offspring births

54 Providers must give Registrar-General corrected information

55 Registrar-General and providers must keep information about donor offspring

56 Providers to accept updated and corrected information about donor offspring

57 Access by donor offspring to information about them kept by providers or Registrar-General

58 Access to information about siblings of donor offspring

59 Donor offspring 18 years or older may consent to disclosure of identifying information to donor

60 Access by donors to information about donor offspring kept by providers

61 Access by donors to information about donor offspring kept by Registrar-General

62 Restriction on disclosure of information about donor offspring

63 Voluntary register to be maintained by Registrar-General

64 Application of this Part to section 63

Court orders deeming certain donor offspring to be 18

65 Family Court may confer certain rights on donor offspring aged 16 or 17

Application of Privacy Act 1993

66 Application of Privacy Act 1993

Part 4
Enforcement and miscellaneous provisions


67 Matters to be ascertained by authorised persons

68 Powers of authorised persons

69 Entry of dwellinghouses

70 Identification of authorised person [Repealed]

71 Notice requirements when place entered [Repealed]

72 Disposal of property seized

73 Detection of import and export offences

74 Exclusion of liability of authorised persons, Customs officers, and assistants

75 Offences related to inspections and searches

Miscellaneous provisions

76 Regulations

77 Liability of employers, principals, and directors

78 Fees

Transitional provisions

79 Director-General of Health to be advisory committee pending its establishment [Repealed]

80 Health and Disability Services (Safety) Act 2001 applies to fertility services

81 Compliance with Health and Disability Services (Safety) Act 2001 by providers of fertility services during interim period

82 Approval of standards during interim period

83 Provisions to be treated as guidelines in interim period

84 Availability of interim standards and guidelines

Amendments to other enactments

85 Amendment to Customs and Excise Act 1996

86 Amendment to Medicines Act 1981

87 Amendment to Summary Proceedings Act 1957

Schedule 1
Prohibited actions

Schedule 2
Form of search warrant


Search and Surveillance Act 2012

Reprint notes