Document ID: chunk:federal_register_of_legislation:C2006A00172:clause:1_20
Version: federal_register_of_legislation:C2006A00172
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 9048–10830

20  Offence—importing, exporting or placing a prohibited embryo

 (1) A person commits an offence if the person intentionally imports an embryo into Australia knowing that, or reckless as to whether, the embryo is a prohibited embryo.

Maximum penalty: Imprisonment for 15 years.

 (2) A person commits an offence if the person intentionally exports an embryo from Australia knowing that, or reckless as to whether, the embryo is a prohibited embryo.

Maximum penalty: Imprisonment for 15 years.

 (3) A person commits an offence if the person intentionally places an embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo.

Maximum penalty: Imprisonment for 15 years.

 (4) In this section:

prohibited embryo means:
 (a) a human embryo created by a process other than the fertilisation of a human egg by human sperm; or
 (b) a human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or
 (c) a human embryo that contains genetic material provided by more than 2 persons; or
 (d) a human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended; or
 (e) a human embryo created using precursor cells taken from a human embryo or a human fetus; or
 (f) a human embryo that contains a human cell (within the meaning of section 15) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or
 (g) a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or
 (h) a chimeric embryo or a hybrid embryo.