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

Schedule 1   Mitochondrial donation

Part 2   Other amendments

Prohibition of Human Cloning for Reproduction Act 2002

31   After section 23B

Insert:

23BA Person not liable for conduct purportedly authorised

(1) To avoid doubt, a person is not criminally responsible for a licence offence in respect of particular conduct if:

(a) the conduct by the person is purportedly authorised by a provision of a general licence or a mitochondrial donation licence; and

(b) the licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and

(c) the person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision.

(2) In this section:

general licence includes a purported general licence.

licence offence means:

(a) for a general licence - an offence against section 22, 23, 23A or 23B; or

(b) for a mitochondrial donation licence - an offence against section 12, 13 or 15, subsection 20(3), or section 22 or 23.

mitochondrial donation licence includes a purported mitochondrial donation licence.