PART 2AMENDMENTS TO THE 1990 ACT

Offences27

1

Section 41 (offences) is amended as follows.

2

In subsection (2)(a), after “section 3(1)” insert “ or (1A) ”.

3

In subsection (2)(b), omit “or uses” and “or (b)”.

4

After subsection (2)(b) insert—

ba

uses any gametes in contravention of section 4(1)(b),

5

After subsection (2) insert—

2A

A person who contravenes section 3(1B) or 4(1A) is guilty of an offence.

6

In subsection (4), after “(3) above” insert “ , other than an offence to which subsection (4B) applies, ”.

7

After subsection (4) insert—

4A

Subsection (4B) applies to—

a

an offence under subsection (2)(ba) or (d) or (3) committed in the course of providing basic partner treatment services or non-medical fertility services, or

b

an offence under subsection (2A).

4B

A person guilty of an offence to which this subsection applies is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, and

b

on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum or both.

8

In subsection (11)(a), after the word “licence” insert “ or third party agreement ”.