Mitochondrial Donation Law Reform (Maeve's Law) Act 2022 (26 of 2022)

Schedule 1   Mitochondrial donation

Part 1   Main amendments

Research Involving Human Embryos Act 2002

18   After section 29

Insert:

29A Mitochondrial Donation Donor Register

(1) The Secretary must keep a register, to be known as the Mitochondrial Donation Donor Register, in which the Secretary includes information given to the Secretary in accordance with paragraph 28R(5)(b).

(2) The Secretary may keep the register by electronic means.

(3) The register must not be made publicly available.

(4) A person who:

(a) was born as a result of the use of a mitochondrial donation technique under a mitochondrial donation licence; and

(b) is 18 or over;

may apply, in the form approved by the Secretary, for the Secretary to disclose to the person information in the register about the donor in relation to the use of the technique.

(5) The donor in relation to the use of a mitochondrial donation technique may apply, in the form approved by the Secretary, for the Secretary to disclose to the donor information in the register about the donor that is of a kind described in subsection 28R(1).

(6) The Secretary must, on application under subsection (4) or (5), disclose the information to the applicant.

(7) A person commits an offence if:

(a) the person discloses information; and

(b) the person knows the information is on the register; and

(c) the person has the information only because of performing duties or functions under this section or paragraph 28R(5)(b); and

(d) the disclosure is not:

(i) in accordance with subsection (6) of this section; or

(ii) by order of a court.

Penalty: Imprisonment for 2 years.

(8) The Secretary may, in writing, delegate any or all of the Secretary's powers or functions under this section or paragraph 28R(5)(b) to an SES employee or acting SES employee in the Department.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

(9) In exercising powers or functions delegated under subsection (8), the delegate must comply with any directions of the Secretary.

(10) The regulations may provide for and in relation to the following:

(a) information that must be included in the register in addition to the information mentioned in subsection (1);

(b) correcting or updating information on the register;

(c) the keeping and maintenance of the register;

(d) the verification of information included in an application to the Secretary under subsection (4) or (5) for the disclosure of information on the register, including by statutory declaration.