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Legislative Assembly for the ACT: 2004 Week 04 Hansard (Thursday, 1 April 2004) . . Page.. 1604 ..

that, but we have not done everything in the same way in that bill. The minister put forward reasons why we should not do it that way.

The same thing applies here. The South Australian parliament has not adopted these sunset clauses, so there is already a precedent. What I am saying here tonight is, do not adopt a sunset clause that causes us to do something without really meaning to do it. This is a life and death issue. If you want to do it, really mean it. Come back in here and pass a piece of legislation so that we can have the discussion, so that we know what we are doing. That is all this is about.

MS DUNDAS (11.10): I want to draw members’ attention to clause 9 of the Human Embryo (Research) Bill before us, which actually defines what an excess ART embryo is. It is:

a human embryo that—

(a) was created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and

(b) is excess to the needs of—

(i) the woman for whom it was created; and

(ii) her domestic partner (if any) when the embryo was created.

It is taken to be excess if “each of the people has given written authority for use of the embryo for a purpose other than a purpose relating to the assisted reproductive technology treatment”. That is basically it.

They have to give their consent in writing that that embryo is deemed excess so, by putting in these sunset clauses, we allow the national scheme to be set up, the ACT scheme to fit into that national scheme and embryos to be used in the future, as they are being used now, with the clear, written consent of the people who originally called for those embryos to be created. This is not about embryos being created randomly for scientific purposes and always being created only for scientific purposes and research. They will still have to made specifically for the purpose of helping people with ART, and it is with the consent of the people involved, and only with their consent, that they are used for other purposes.

Clause 40 agreed to.

Remainder of bill, by leave, taken as a whole and agreed to.

Motion (by Mrs Dunne, by leave) agreed to:

That clause 40 be reconsidered.

Clause 40—reconsideration.

MRS DUNNE (11.13): I move amendment No 1 circulated in my name [see schedule 7 at page 1617].

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