Human Cloning for Reproduction and Other Prohibited Practices Act 2003 (Tas)

Human Cloning for Reproduction and Other Prohibited Practices Act 2003

An Act to adopt in Tasmania a uniform Australian approach to the prohibition of human cloning for reproduction and certain other practices associated with reproductive technology and for other purposes [Royal Assent 25 September 2003]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Human Cloning for Reproduction and Other Prohibited Practices Act 2003 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Object of Act (1) The object of this Act is to adopt in Tasmania a uniform Australian approach to the prohibition of human cloning and certain other practices associated with reproductive technology. (2) For that purpose, this Act creates a number of offences that mirror offences found in the Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth.

4. Interpretation (1) In this Act, unless the contrary intention appears – animal does not include a human; chimeric embryo means – (a) a human embryo into which a cell, or any component part of a cell, of an animal has been introduced; or (b) a thing declared by the regulations to be a chimeric embryo; human embryo means a discrete entity that has arisen from either – (a) the first mitotic division when fertilisation of a human oocyte by a human sperm is complete; or (b) any other process that initiates organised development of a biological entity with a human nuclear genome or altered human nuclear genome that has the potential to develop up to, or beyond, the stage at which the primitive streak appears – and has not yet reached 8 weeks of development since the first mitotic division; human embryo clone means a human embryo that is a genetic copy of another living or dead human, but does not include a human embryo created by the fertilisation of a human egg by human sperm; human sperm includes human spermatids; hybrid embryo means – (a) an embryo created by the fertilisation of a human egg by animal sperm; or (b) an embryo created by the fertilisation of an animal egg by human sperm; or (c) a human egg into which the nucleus of an animal cell has been introduced; or (d) an animal egg into which the nucleus of a human cell has been introduced; or (e) a thing declared by the regulations to be a hybrid embryo; licence means a licence issued under section 21 of the Research Involving Human Embryos Act 2002 of the Commonwealth; precursor cell means a cell that has the potential to develop into a human egg or human sperm; woman means a female human. (2) For the purposes of establishing that a human embryo clone is a genetic copy of another 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 of "human embryo" in subsection (1) , 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 of "human embryo clone" in subsection (1) , 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.