Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 144, 2002
Compilation No. 7
Compilation date: 1 October 2022
Includes amendments up to: Act No. 26, 2022
Registered: 12 October 2022
About this compilation
This compilation
This is a compilation of the Prohibition of Human Cloning for Reproduction Act 2002 that shows the text of the law as amended and in force on 1 October 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Operation of Act
5 Act to bind the Crown
6 External Territories
Part 2--Prohibited practices
9 Offence--placing a human embryo clone in the human body or the body of an animal
10 Offence--importing or exporting a human embryo clone
11 No defence that human embryo clone could not survive
12 Offence--creating a human embryo for a purpose other than achieving pregnancy in a woman or the purposes of a mitochondrial donation licence
13 Offence--creating or developing a human embryo by fertilisation that contains genetic material provided by more than 2 persons
14 Offence--developing a human embryo outside the body of a woman for more than 14 days
15 Offence--heritable alterations to genome
16 Offence--collecting a viable human embryo from the body of a woman
17 Offence--creating a chimeric embryo
18 Offence--developing a hybrid embryo
19 Offence--placing of an embryo
20 Offence--importing, exporting or placing a prohibited embryo
21 Offence--commercial trading in human eggs, human sperm or human embryos
22 Offence--creating a human embryo other than by fertilisation, or developing such an embryo
23 Offence--creating or developing a human embryo containing genetic material provided by more than 2 persons
23A Offence--using precursor cells from a human embryo or a human fetus to create a human embryo, or developing such an embryo
23B Offence--creating a hybrid embryo
23BA Person not liable for conduct purportedly authorised
23C Regulations under Customs Act
Part 3--Commonwealth/State arrangements
24 Operation of State laws
Part 4--Review provision and regulations
Division 1--Review of Act
25 Review of operation of Act every 7 years
Division 2--Regulations
26 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
144, 2002 | 19 Dec 2002 | s 3-26 and Sch 1: 16 Jan 2003 (s 2(1) item 2) |
| |
100, 2005 | 6 July 2005 | Sch 1 (item 39): 16 Jan 2003 (s 2(1) item 22) | -- | |
Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Act 2006 | 172, 2006 | 12 Dec 2006 | Sch 1: 12 June 2007 (s 2(1) item 2) | -- |
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Sch 9 (item 1): 10 Dec 2008 (s 2(1) item 24) | -- |
61, 2016 | 23 Sept 2016 | Sch 2 (items 78-90): 21 Oct 2016 (s 2(1) item 1) | -- | |
93, 2017 | 23 Aug 2017 | Sch 3 (items 6, 7): 20 Sept 2017 (s 2(1) item 4) | -- | |
Mitochondrial Donation Law Reform (Maeve's Law) Act 2022 | 26, 2022 | 1 Apr 2022 | Sch 1 (items 1-8, 24-32): 1 Oct 2022 (s 2(1) item 2) | -- |
Provision affected | How affected |
Title.................... | am No 172, 2006 |
Part 1 |
|
s 1..................... | am No 172, 2006 |
s 4..................... | am No 26, 2022 |
s 7..................... | rep No 93, 2017 |
s 8..................... | am No 100, 2005; No 172, 2006; No 144, 2008; No 26, 2022 |
Part 2 |
|
Part 2................... | rs No 172, 2006 |
Division 1 heading.......... | rep No 26, 2022 |
s 9..................... | rs No 172, 2006 |
| am No 61, 2016 |
s 10.................... | rs No 172, 2006 |
| am No 61, 2016 |
s 11.................... | rs No 172, 2006 |
s 12.................... | rs No 172, 2006 |
| am No 61, 2016; No 26, 2022 |
s 13.................... | rs No 172, 2006 |
| am No 61, 2016; No 26, 2022 |
s 14.................... | rs No 172, 2006 |
| am No 61, 2016 |
s 15.................... | rs No 172, 2006 |
| am No 61, 2016; No 26, 2022 |
s 16.................... | rs No 172, 2006 |
| am No 61, 2016 |
s 17.................... | rs No 172, 2006 |
| am No 61, 2016 |
s 18.................... | rs No 172, 2006 |
| am No 61, 2016 |
s 19.................... | rs No 172, 2006 |
| am No 61, 2016 |
s 20.................... | rs No 172, 2006 |
| am No 61, 2016; No 26, 2022 |
s 21.................... | rs No 172, 2006 |
| am No 61, 2016 |
Division 2 heading.......... | rep No 26, 2022 |
s 22.................... | rs No 172, 2006 |
| am No 61, 2016; No 26, 2022 |
s 23.................... | rs No 172, 2006 |
| am No 61, 2016; No 26, 2022 |
s 23A................... | ad No 172, 2006 |
| am No 61, 2016; No 26, 2022 |
s 23B................... | ad No 172, 2006 |
| am No 61, 2016; No 26, 2022 |
s 23BA.................. | ad No 26, 2022 |
s 23C................... | ad No 172, 2006 |
Part 4 |
|
Division 1 |
|
s 25.................... | rs No 26, 2022 |
s 25A................... | ad No 172, 2006 |
| rep No 26, 2022 |
Schedule 1................ | rep No 93, 2017 |