Page 1732 - Week 06 - Thursday, 19 May 1994
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Some commentators questioned the need to have such a clause; but there may be applications for declarations under the Bill, or for costs, or even attempts to test the provisions of the Bill. In these cases, it is considered worth while retaining the provision as a statement of general principle.
The Bill creates several offences. These provisions have been tidied up and streamlined to make them less intrusive into private family relationships and more acceptable to the community. For all agreements, whether commercial or non-commercial, it is an offence to provide technical or professional services to a woman to facilitate pregnancy for the purposes of a substitute parent agreement; to procure a person to enter into an agreement with a third person; or to advertise in relation to an agreement.
We have modified clause 9 of the exposure draft legislation, which is now clause 8 of the Bill, to make it clear that, contrary to the fears expressed by some, we do not intend to prohibit professionals such as lawyers and doctors from giving general information and advice on substitute parent agreements, such as information on this or other legislation, or the medical implications or legal implications of entering into agreements. We have made the penalty for advertising in respect of a non-commercial agreement less than it is for advertising in respect of a commercial agreement. There was also no objection in the submissions to the provision that a person may be liable for an offence where the action occurs in the ACT, regardless of the whereabouts of the person at the time, or if the person is normally a resident of the ACT, irrespective of where the action occurs. This Bill, then, is intended to give effect to the Government's policy on substitute parent agreements, with due regard to the interests of all who may have an interest in them. I present this explanatory memorandum to the Bill.
Debate (on motion by Mrs Carnell) adjourned.
SUBSTITUTE PARENT AGREEMENTS
(CONSEQUENTIAL AMENDMENTS) BILL 1994
MR CONNOLLY (Attorney-General and Minister for Health) (10.57): Madam Speaker, I present the Substitute Parent Agreements (Consequential Amendments) Bill 1994.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
This Bill is consequent on the passage of the Substitute Parent Agreements Bill 1994, which I have just presented. It does two things. It provides for lodgment of information in respect of a child born as a result of a substitute parent agreement with the Registrar-General, and withdrawal of licences to practise reproductive medicine from medical organisations which participate in substitute parent agreements.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .