(1) A consent under section 10(1)— (a) must specify that the woman and her partner, if any, have consented to undergo the kind of treatment procedure specified in the consent; and not have been withdrawn or have lapsed when the treatment procedure takes place; and include a statement by the counsellor who provided counselling to the and her partner, if any, under section 13 that the counsellor has sighted a criminal records check in relation to the woman and her partner; and be accompanied by permission from the and her partner, if any, for a child protection order check to be conducted in relation to the woman and her partner. (2) The person giving the consent must give the consent or cause the consent to be given to— designated officer of the registered ART provider that is to out the treatment procedure; or the procedure is to be carried out by a person other than a registered ART provider, the doctor in charge of the woman's treatment. 12 Child protection order check
day that is 5 years after the day the embryo was placed in storage; (ii) if the persons who produced the gametes from which the embryo has been formed consent to storage for a period of not more than 5 years in addition to the period referred to in subparagraph (i), the day that is the end of that additional period; S. 33(2)(b)(iii) substituted by No. 18/2013 s. 6(2). (iii) if the Patient Review Panel gives approval under section 33A for a longer or further period of storage, the day that is the end of the period approved by the Panel. 240 penalty or 2 years imprisonment or both. S. 33(3)(4) repealed by No. 18/2013 s. 6(3). * * * * * S. 33A inserted by No. 18/2013 s. 7. 33A Patient Review may approve longer or further storage of embryos (1) If the persons who produced the gametes from which the embryo has been formed have given written approval for a specified longer storage period, the Patient Review Panel may approve
(2) In making its decision under subsection (1), the Patient Review Panel must have regard to the following— report from a counsellor who provided counselling under section 43 to the parties; acknowledgment by the parties that the parties have undergone counselling and obtained legal advice as required by section 43. (3) This section is subject to section 41. 41 Patient Review Panel may approve non-complying surrogacy arrangement in exceptional circumstances The Patient Review may approve a surrogacy arrangement, despite failing to be satisfied of the matters referred to in section 40(1) in relation to the arrangement, if the Panel believes— circumstances of the proposed surrogacy arrangement are exceptional; and is reasonable to approve the arrangement in the circumstances. 42 Application of general requirements for treatment to surrogacy arrangement
to allow the posthumous use of a person's gametes or embryo; or to approve the period during which gametes or an embryo may be stored; or remove or not to remove an embryo from storage. 97 Who may apply for review An application under section 96 may only be made by a person whose interests are affected by— decision of the Patient Review Panel; or failure of the Patient Review Panel to act. 98 When application must be made An application for review must be made within 28 days after the day on which the decision is made. Division 1—Constitution of the Authority 99 Establishment of Authority (1) The Victorian Assisted Reproductive Treatment Authority is established. (2) The Authority—
public hospital within the meaning of the Health Services Act 1988. 123 Indictable offences An offence under section 7, 8, 34(1) or 35 is an indictable offence. 124 Regulations The Governor in Council may make regulations for or with respect to any of the following— for notices or other documents required under this Act; for the purposes of this Act; conditions to be included in registrations; required by this Act, including the matters it must address and the form it must take; arrangements, including matters to be considered in deciding the emotional maturity and health of proposed surrogate mothers and other parties to the arrangements, the tests that parties to surrogacy arrangements may be required to undertake before an arrangement may be approved and the payments that may be made to surrogate mothers;
: This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 1) on 1.12.13 s. 2(1) : This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 5) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008 Assisted Reproductive Treatment Further Amendment Act 2014, No. 58/2014 Assent Date: 2.9.14 Commencement Date: Ss 49, 16, 19, 23, 24 on 30.10.14: Special Gazette (No. 400) 29.10.14 p. 1; ss 10–15, 17, 18, 20–22 on 29.6.15: s. 2(2) : This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008 Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014 Assent Date: 9.9.14 Commencement Date: S. 162 on 1.3.16: s. 2(3) Current State: This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008 Statute Law Revision Act 2015, No. 21/2015 Assent Date: 16.6.15 Commencement Date: S. 3(Sch. 1 item 6) on 1.8.15: s. 2(1) : This information relates only to the provision/s amending the Assisted Reproductive Treatment Act 2008 Assisted Reproductive Treatment Amendment Act 2016, No. 6/2016