Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 (Qld)

Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003

An Act to regulate certain activities involving the use of human embryos, to prohibit human cloning for reproduction and other unacceptable practices associated with reproductive technology, and for related purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003.

2 Commencement (1) This Act, other than part 6, division 1, commences on a day to be fixed by proclamation. (2) Part 6, division 1, commences on whichever of the following days applies— (a) 5 April 2005; (b) if the Council of Australian Governments declares an earlier day by notice in the gazette—that earlier day.

3 Object of Act The object of this Act is to address concerns, including ethical concerns, about scientific developments in relation to human reproduction and the utilisation of human embryos— (a) by prohibiting certain practices; and (b) by regulating activities that involve the use of certain human embryos created by assisted reproductive technology or by other means.

4 Act binds all persons (1) This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

5 Definitions (1) The dictionary in the schedule defines particular words used in this Act. (2) For the purposes of establishing that a human embryo clone is a genetic copy of a living or dead human— (a) it is sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and (b) it is not necessary to establish that the copy is an identical genetic copy. (3) For the purposes of the definition human embryo in the schedule, in working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended is to be disregarded. (4) For the purposes of the definition human embryo clone in the schedule, a human embryo that results from the technological process known as embryo splitting is taken not to be created by a process of fertilisation of a human egg by human sperm. (5) A reference in this Act to an embryo (including a human embryo) is a reference to a living embryo. (6) A reference in this Act to a human egg is a reference to a human oocyte. (7) A reference in this Act to a human embryo does not include a reference to— (a) a hybrid embryo; or (b) a human embryonic stem cell line. (8) The following provisions of the Acts Interpretation Act 1954 do not apply to a reference to a spouse in this Act— • section 32DA(6) • schedule 1, definition spouse.