Surrogacy Regulation 2016 (2016-464) (NSW)

Surrogacy Regulation 2016

Part 1 Preliminary

1 Name of Regulation This Regulation is the Surrogacy Regulation 2016.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Surrogacy Regulation 2011, which would otherwise be repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation: the Act means the Surrogacy Act 2010. (2) Notes included in this Regulation do not form part of this Regulation.

4 Interstate parentage orders Each of the following orders is declared to be an Interstate parentage order under section 4 (1) of the Act: (a) an order under section 26 of the Parentage Act 2004 of the Australian Capital Territory, (b) an order under section 22 of the Surrogacy Act 2010 of Queensland, (c) an order under section 10HB of the Family Relationships Act 1975 of South Australia, (d) an order under section 16 or 22 of the Surrogacy Act 2012 of Tasmania, (e) an order under section 22 of the Status of Children Act 1974 of Victoria, (f) an order under section 21 of the Surrogacy Act 2008 of Western Australia.

5 Interstate surrogacy laws Each of the following laws is declared to be an Interstate surrogacy law under section 4 (1) of the Act: (a) Parentage Act 2004 of the Australian Capital Territory, (b) Surrogacy Act 2010 of Queensland, (c) Family Relationships Act 1975 of South Australia, (d) Surrogacy Act 2012 of Tasmania, (e) Status of Children Act 1974 of Victoria, (f) Surrogacy Act 2008 of Western Australia.

6 Qualified counsellor (1) For the purpose of the definition of qualified counsellor in section 4 (1) of the Act, to exercise the functions of a counsellor a person must: (a) be a member of, or eligible for membership of, the Australian and New Zealand Infertility Counsellors Association, and (b) be familiar with any guidelines issued by the Australian and New Zealand Infertility Counsellors Association and the National Health and Medical Research Council that are relevant to the exercise of those functions. (2) This clause does not apply in respect of the functions of a counsellor under section 17 or 35 (2) of the Act.