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Thursday, 5 December 2002
Page: 7243


Senator BARNETT (10:34 AM) —by leave—I move amendments on sheet 2767:

(1) Clause 11, page 10 (lines 12 to 14), omit paragraph (b), substitute:

(b) the use is not for a purpose relating to the assisted reproductive technology treatment of a woman carried out by an accredited ART centre, and the person knows or is reckless as to that fact.

(2) Clause 11, page 10 (lines 16 to 25), omit subclause (2).

These amendments are to clause 11. We had some discussion and debate about this last night. As I indicated earlier, through the goodwill expressed by the minister's office we have discussed this amendment, and I believe it an appropriate and sensible one. It removes entirely subclause (2) to clause 11, which was the offending clause. It set up a `code or document as is prescribed ... from time to time.' It set up a code which was issued by a voluntary non-government organisation. Subclause (2) has been deleted altogether. That removes any lack of parliamentary scrutiny and makes sure that we do have a tighter regulatory regime and parliamentary scrutiny. That is the removal of subclause (2). Subclause (1) is slightly reworded to say:

... the use is not for a purpose relating to the assisted reproductive technology treatment of a woman carried out by an accredited ART centre, and the person knows or is reckless as to that fact.

That replaces subclause11(1)(b). As I said, I talked to the minister and she is happy with that amendment. I am happy, and I think it avoids all the problems that we were discussing last night. I commend the amendments.