A Bill for an Act to amend the Australian Institute of Health and Welfare Act 1987, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Australian Institute of Health and Welfare Amendment (Assisted Reproductive Treatment Statistics) Act 2019.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Australian Institute of Health and Welfare Act 1987
1 Section 3
Insert:
accredited ART centre has the meaning given by section 8 of the Research Involving Human Embryos Act 2002.
assisted reproductive treatment means medical treatment or a procedure that procures, or attempts to procure, pregnancy in a woman by means other than sexual intercourse, and includes:
(a) in‑vitro fertilisation; and
(b) gamete intrafallopian transfer; and
(c) intracytoplasmic sperm injection; and
(d) artificial insemination; and
(e) oocyte donation; and
(f) any related treatment or procedure prescribed by the regulations.
chief executive of an accredited ART centre means the person who is primarily responsible for the management of the centre.
2 Paragraph 5(1)(c)
Insert:
(ca) to publish statistical information received from accredited ART centres (see sections 19A and 19B);
3 After Part II
Insert:
Part IIA—Statistical information from accredited ART centres relating to assisted reproductive treatments
19A Accredited ART centres must give certain statistical information to the Institute
(1) A chief executive of an accredited ART centre must give to the Institute within 2 months after the end of a financial year the following statistical information:
(a) the number of women given assisted reproductive treatment by the centre during the financial year, and the age of those women;
(b) the types of assisted reproductive treatment given by the centre and the number of times each type of treatment was given by the centre during the financial year;
(c) the number of pregnancies in the financial year that are reasonably attributable to the assisted reproductive treatment given by the centre (whether or not the treatment occurred in that year);
(d) the number of live births in the financial year as a result of pregnancies reasonably attributable to the assisted reproductive treatment given by the centre (whether or not the treatment occurred in that year);
(e) any other statistical information specified in the regulations that relates to assisted reproductive treatment given by the centre.
(2) A chief executive of an accredited ART centre commits an offence of strict liability if the chief executive contravenes subsection (1).
Penalty: 100 penalty units.
19B Publication of statistical information relating to accredited ART centres etc.
Statistical information relating to accredited ART centres
(1) If the Institute receives statistical information relating to an accredited ART centre under section 19A, the Institute must cause the information to be published as soon as reasonably practicable after receiving the information.
(2) In causing the publication of statistical information under subsection (1), the Institute must ensure the accredited ART centre to which the information relates is specified in the publication.
List of non‑complying accredited ART centres
(3) The Institute must, as soon as reasonably practicable after the period to give statistical information relating to an accredited ART centre under section 19A has ended, cause a list to be published identifying any accredited ART centres that did not give the information within that period.
Miscellaneous
(4) The Institute may publish the statistical information or the list in such manner as the Institute thinks appropriate.
(5) Without limiting subsection (4), the Institute may cause the publication of the statistical information and the list in the form of an electronic database that is accessible online.
(6) The Institute must not include in the publication of the statistical information or the list any information that is likely to enable the identification of an individual, unless the individual is an accredited ART centre.
4 Application provision
Section 19A of the Australian Institute of Health and Welfare Act 1987, as inserted by this Schedule, applies in relation to the financial year starting on 1 July 2019 and each later financial year.