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
”
.