Document ID: chunk:federal_register_of_legislation:C2006A00172:clause:1_21
Version: federal_register_of_legislation:C2006A00172
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 10830–12255

21  Offence—commercial trading in human eggs, human sperm or human embryos

 (1) A person commits an offence if the person intentionally gives or offers valuable consideration to another person for the supply of a human egg, human sperm or a human embryo.

Maximum penalty: Imprisonment for 15 years.

 (2) A person commits an offence if the person intentionally receives, or offers to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo.

Maximum penalty: Imprisonment for 15 years.

 (3) In this section:

reasonable expenses:
 (a) in relation to the supply of a human egg or human sperm—includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and
 (b) in relation to the supply of a human embryo:
 (i) does not include any expenses incurred by a person before the time when the embryo became an excess ART embryo; and
 (ii) includes, but is not limited to, expenses relating to the storage or transport of the embryo.

valuable consideration, in relation to the supply of a human egg, human sperm or a human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply.

Division 2—Practices that are prohibited unless authorised by a licence