Document ID: chunk:federal_register_of_legislation:C2024C00449:section:9
Version: federal_register_of_legislation:C2024C00449
Segment Type: section
Provision Reference: s 9
Character Range: 19069–20014

9  Meaning of excess ART embryo
 (1) In this Part:
excess ART embryo means a human embryo that:
 (a) was created, by assisted reproductive technology, for use in the assisted reproductive technology 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.
 (2) For the purposes of paragraph (b) of the definition of excess ART embryo, 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.

Division 2—Offences