Commonwealth Consolidated Acts Commonwealth Consolidated ActsA person commits an offence if:
(a) the person intentionally uses an embryo; and
(b) the embryo is:
(i) a human embryo created by a process other than the fertilisation of a human egg by a human sperm; or
(ii) a human embryo created by a process other than the fertilisation of a human egg by a human sperm that contains genetic material provided by more than 2 persons; or
(iii) a human embryo created using precursor cells taken from a human embryo or a human fetus; or
(iv) a hybrid embryo; and
(c) the use by the person is not authorised by a general licence or, if subparagraph (b)(i) or (ii) applies, permitted under section 28B (carrying out activities authorised by mitochondrial donation licences).
Penalty: Imprisonment for 5 years.
Note: The creation or development of embryos mentioned in this section is prohibited under Part 2 of the Prohibition of Human Cloning for Reproduction Act 2002 , unless authorised by a general licence under this Act, or if subparagraph (b)(i) or (ii) applies, permitted under section 28B of this Act.