Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Genetic Privacy and Non-discrimination Bill 1998 [2008]

Part 6 Miscellaneous

23   Transferred possession of DNA samples

             (1)  Any person in possession of DNA samples and genetic information, who intends to transfer control of, or discontinue, activities or services related to the analysis of DNA samples, must inform the individual that the individual has the right to:

                     (a)  consent to the transfer of the samples or records containing the genetic information; or

                     (b)  order that the samples or records be returned to the individual; or

                     (c)  order that the samples or records be destroyed.

             (2)  If, within a period of 3 months after notification pursuant to subsection (1), the person receives no response from the individual, the person:

                     (a)  may destroy the samples or the records if the activities or services are discontinued; or

                     (b)  may place the samples and research records, without individual identifiers, in a tissue sample archive, according to prior instructions of the individual; or

                     (c)  may proceed with the intended transfer of the samples and records.

24   Genetic information, etc. derived from the unborn

             (1)  Where genetic information is available from genetic analysis before the birth of a person and about that person’s genome, the genetic information is the genetic information of the person’s biological mother but becomes the genetic information of that person when he or she is born alive.

             (2)  This section applies only to genetic information derived from the genome of the person, and does not include genetic information about other genomes.

             (3)  For the purposes of this Act, a person to whom subsection (1) applies is an individual.