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Upper age limits for AHR treatment
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12. (1) Subject to subsections (2) and (3), the Minister may by regulations specify the upper age limit for an AHR treatment specified in the regulations (in this section referred to as the “relevant treatment”) in respect of which an AHR treatment provider shall not provide such treatment to a person who has attained that age.
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(2) Where the Minister makes regulations under subsection (1), he or she shall, in addition to having regard to the other provisions of this Act, have regard to the following:
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(a) the current state of medical evidence as to—
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(i) the increase in the number, or the severity, or both, of risks (whether bodily or otherwise), and
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(ii) the likelihood of a successful outcome,
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associated with providing the relevant treatment to persons by reference to increases in age;
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(b) the current state of medical evidence or otherwise as to the increase in the number, or the severity, or both, of adverse social and psychological implications that may arise associated with providing the relevant treatment to persons by reference to increases in age;
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(c) in so far as is practicable after considering the nature and purpose of the relevant treatment, what is in the best interests of any child that may be born as a result of such treatment (whether by virtue of such treatment alone or in conjunction with any further AHR treatment);
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(d) that the best interests of a child referred to in paragraph (c) include at least one of the intending parents (or, in the case of a single intending parent, that intending parent) having objectively, and in all the circumstances of the case, a reasonable expectation of living to parent the child until that child has attained the age of 18 years.
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(3) On and after the establishment day, the Minister shall not make regulations under subsection (1) except after consultation with the AHRRA.
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