New Assisted Reproductive Technology (ART) laws in QLD and the ACT
Monday, 10 February 2025
The recently passed laws regulate the use of ART by Reproductive Technology Accreditation Committee (RTAC) providers in Queensland and the ACT to improve oversight, transparency and safeguards in the ART industry.
While Queensland’s Assisted Reproductive Technology Act 2024 and the ACT’s Assisted Reproductive Technology Act 2024, don’t aim to regulate individual doctors in their personal capacity, it’s important that ART providers and staff responsible for ART systems and processes, understand the new requirements.
Under the new laws, passed in Queensland on 10 September 2024 and in the ACT on 28 September 2024, ART providers are required to be licensed and to comply with new standards of practice. The laws also prohibit specific ART services and establish donor conception information registers.
The new laws will be rolled out in stages with some already in effect and other provisions starting after an implementation period. Any breaches of the laws carry maximum penalties of a fine or two years’ imprisonment.
New standards of practice
The laws mandate new requirements for ART providers in both states regarding information and counselling, consent, time limits on the use of gametes and embryos, retrieval and use of gametes from deceased people, information collection and record keeping, and disclosure of health information.
Sex selection prohibited
ART providers in Queensland are prohibited from using a particular gamete or embryo or performing an ART procedure, for the purpose of producing or attempting to produce a child of a particular sex. There is an exception if it’s necessary for a child to be a particular sex to reduce the risk of transmission of a genetic abnormality or genetic disease to the child.
Use of gametes from close family members prohibited
It’s now an offence in both states to use a gamete to create an embryo if the ART provider knows the gamete provider is a close family member (defined by law) of the other person whose gamete is being used to create the embryo.
Family limits from single donors
ACT ART providers cannot use donor material from a donor if the provider knows five children have already been conceived in the ACT using donations from the same donor or 10 children conceived in Australia using donations from the same donor.
Time limits on use of gametes or embryos
ART providers in the ACT cannot use a gamete or embryo if the gamete was obtained more than five years before the ART procedure and the provider fails to confirm if the gamete donor is still alive.
It is also an offence if an ART provider uses a gamete obtained more than 15 years before the procedure unless it has the written consent of the Director-General.
Use of gametes and embryos posthumously
In the ACT, it’s now illegal for ART providers to use a gamete or embryo if it knows the donor of the gamete or embryo is deceased unless the donor consented to the use in the specific circumstances and the recipient of the donor material is also aware the donor is deceased and willing to proceed or the Supreme Court authorises the use of the material.
The Queensland laws relating to the use of gametes from a deceased person will commence at a later date. In the interim, ART providers should continue to comply with the NHMRC Guidelines.
ART services for children prohibited in certain circumstances
In both Queensland and the ACT, ART providers cannot perform an ART procedure on a child or obtain a gamete from a child for use in an ART procedure. An exception applies where a medical practitioner has certified there is a reasonable risk of the child becoming infertile before becoming an adult and the gamete is obtained for the purpose of storing it for the child’s future use.
Introduction of donor registers
The donor registers aim to make it easier for people conceived using ART to find information about donor/s, relevant health history, genetic background and half-siblings.
The ACT’s donor register will commence on 28 March 2025. QLD’s new system for the donor conception information register is currently being developed.
What is the position in other states?
While the Northern Territory and Tasmania don’t have any specific ART legislation, different laws exist in the other states.
| State | Legislation |
| Northern Territory | No specific ART legislation |
| Tasmania | No specific ART legislation |
| Queensland | Assisted Reproductive Technology Act 2024 |
| ACT | Assisted Reproductive Technology Act 2024 |
| Victoria | Assisted Reproductive Treatment Act 2008 |
| South Australia | Assisted Reproductive Treatment Act 1988 |
| New South Wales | Assisted Reproductive Technology Act 2007 |
| Western Australia | Human Reproductive Technology Act 1991 |
Useful information
For more information, see Queensland Health’s guidance for ART providers and the ACT Government’s summary of the changes.
Avant Law’s liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Avant Law are members of the scheme.
The information in this article does not constitute legal advice or other professional advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of its content. The information in this article is current to 12 February 2025.
Avant Law’s liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Avant Law are members of the scheme.
The information in this article does not constitute legal advice or other professional advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of its content. The information in this article is current to 12 February 2025.