QueenslandTransplantationandAnatomyAct1979Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheHealthandOtherLegislation
Amendment Bill 2018. This indicative reprint has been
preparedfor information only—it is not an
authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date fortheHealthandOtherLegislationAmendmentBill2018—13November2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
1 Preliminary[s 1]Transplantation
and Anatomy Act 1979An Act to make provision for and in
relation to the removal ofhumantissuesfortransplantationandothermedicalandscientificpurposes,forpost-mortemexaminations,forthedefinition of death, for the regulation
of schools of anatomy, andfor related purposesPart
1Preliminary1Short
titleThis Act may be cited as theTransplantationandAnatomyAct 1979.2Act binds all
persons(1)This Act binds all persons including
the State.(2)Subsection (1) does not make the State
liable to be prosecutedfor an offence.4Interpretation(1)In
this Act—chief health officersee theHospital and Health Boards Act2011, schedule
2.child, if descendancy
rather than age is relevant, includes—(a)a
biological child; and(b)an adopted
child; andCurrent as at [Not applicable]Page
5
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 1 Preliminary[s 4](c)a stepchild; and(d)a
foster child; and(e)a child through surrogacy; and(f)apersonwho,underAboriginaltraditionorIslandcustom, is
regarded as a child; and(g)apersonwho,undertheculturaltraditionsoftheircommunity, is
regarded as a child.coronermeansacoronerundertheCoronersAct1958orCoroners Act 2003.designated officermeans a person
who pursuant to section 6is declared to be or is appointed a
designated officer.hospitalmeans—(a)any public sector hospital under
theHospital and HealthBoards Act
2011; or(c)a
private hospital under thePrivate Health Facilities Act1999declared under
section 5 to be a hospital under thisAct; or(d)the Mater Misericordiae Public
Hospital at Brisbane.next of kinmeans—(a)in relation to a child—a person
referred to in paragraph(a)(i)to(iv)ofthedefinitionsenioravailablenextofkin; or(b)in relation to any other person—a
person referred to inparagraph (b)(i) to (iv) of that
definition.non-regenerative tissuemeans tissue
other than regenerativetissue.parent, of
a child, includes—(a)a step-parent of the child; and(b)apersonwho,underAboriginaltraditionorIslandcustom, is
regarded as a parent of the child; andPage 6Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
1 Preliminary[s 4](c)apersonwho,undertheculturaltraditionsoftheircommunity, is
regarded as a parent of the child; and(d)anotherpersonhavingorexercisingparentalresponsibility for the child, whether or not
the person isthe legal guardian of the child.regenerative tissuemeans tissue
that, after injury or removal,is replaced in
the body of a living person by natural processesof
growth or repair.school of anatomymeans a school
of anatomy established ordeclared to be established under the
authority of section 37.senior available next of kinmeans—(a)in
relation to a child—the first of the following personswhointhefollowingorderofpriority,isreasonablyavailable—(i)the
spouse of the child;(ii)a parent of the
child;(iii)a sibling, who
has attained the age of 18 years, ofthe
child;(iv)a guardian of
the child; and(b)inrelationtoanyotherperson—thefirstofthefollowingpersonswho,inthefollowingorderofpriority, is reasonably available—(i)the spouse of the person;(ii)a child, who has
attained the age of 18 years, of theperson;(iii)a parent of the
person;(iv)a sibling, who
has attained the age of 18 years, ofthe
person.siblingincludes—(a)a biological sibling; and(b)an adopted sibling; andCurrent as at [Not applicable]Page
7
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 1 Preliminary[s 4](c)a sibling by surrogacy; and(d)a stepbrother or stepsister;
and(e)apersonwho,underAboriginaltraditionorIslandcustom, is
regarded as a sibling; and(f)apersonwho,undertheculturaltraditionsoftheircommunity, is
regarded as a sibling.tissuemeans—(a)an organ, blood or part of—(i)a human body; or(ii)a
human foetus; or(b)a substance extracted from an organ,
blood or part of—(i)a human body; or(ii)a
human foetus;but does not include—(c)immunoglobulins; or(d)laboratory reagents, or reference and
control materials,derived wholly or in part from pooled human
plasma.trading, of tissue, for
part 7, see section 39.(2)A reference in
this Act to the transplantation of tissue shall beread
as including a reference to the transplantation of any partof
the tissue and to the transplantation of a substance
obtainedfrom the tissue.(3)A
person who is acknowledged by general repute at the deathof a
deceased person to be a member of any of the classes ofpersons specified in the termsenior available next of kinshallbedeemedtobeamemberofthatclasswithoutfurtherinquiry.(4)If
more than 1 person is a spouse of a deceased person, onlythe
person who most recently became the deceased person’sspouseisthedeceasedperson’sspouseforthedefinitionsenior available
next of kin.Page 8Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
2 Donations of tissue by living persons[s 5]5Declaration of hospitalsThe
Governor in Council, by regulation, may declare a privatehospitalunderthePrivateHealthFacilitiesAct1999forwhich a licence under that Act is in force
(if the Governor inCouncilissatisfiedthatthefacilitiesatthehospitalareadequate for the purposes of this Act), to
be a hospital for thepurposes of this Act.6Designated officers(1)Themedicalsuperintendentofahospitalandhisorhernominees(beingmedicalpractitioners)appointedbythemedical
superintendent in writing are, for the purposes of thisAct,
designated officers for that hospital.(2)The
persons or body having the control and management of ahospitalmay,inwriting,appointpersonstobe,forthepurposes of this Act, designated officers
for that hospital.Part 2Donations of
tissue by livingpersonsDivision 1Exclusion of certain tissue8InterpretationIn this part, a
reference to tissue shall not be read as includinga
reference to foetal tissue, spermatozoa or ova.Division 2Donations by adults9Blood
transfusions not subject to this divisionNothing in this
division prevents the removal in accordancewith division 4
of blood from the body of a person.Current as at
[Not applicable]Page 9
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 2 Donations of tissue by living
persons[s 10]10Consent by adult living donor to removal of
regenerativetissueA person
who—(a)has attained the age of 18 years;
and(b)is of sound mind; andEditor’s note—For an adult
with impaired capacity, see theGuardianship
andAdministrationAct2000,section 69whichprovidesthat,inparticularcircumstances,theQueenslandCivilandAdministration Tribunal may consent to
removal of tissue fromthe adult for donation to another
person.(c)is, in the light of medical advice
furnished by a medicalpractitioner, prepared to do
so;may, by writing signed in the presence of a
designated officer,consent to the removal from his or her body
of regenerativetissue specified in the consent—(d)for the purpose of the transplantation
of the tissue to thebody of another living person;
or(e)for the purpose of using the tissue
for other therapeuticpurposes or for other medical or
scientific purposes;or for any such purposes.11Consent by adult living donor to
removal ofnon-regenerative tissue for
transplantation(1)A person who—(a)has
attained the age of 18 years; and(b)is
of sound mind; andEditor’s note—For an adult
with impaired capacity, see theGuardianship
andAdministrationAct2000,section 69whichprovidesthat,inparticularcircumstances,theQueenslandCivilandAdministration Tribunal may consent to
removal of tissue fromthe adult for donation to another
person.Page 10Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
2 Donations of tissue by living persons[s 12](c)is, in the light of medical advice
furnished by a medicalpractitioner, prepared to do
so;may, by writing signed in the presence of a
designated officer,consent to the removal, after the expiration
of 24 hours fromthe time at which the consent is signed,
from his or her bodyofnon-regenerativetissuespecifiedintheconsent,forthepurposeofthetransplantationofthetissuetothebodyofanother living person.(2)A
consent given under subsection (1) shall specify the time atwhich the consent is given.12Designated officer to give certificate
in relation toconsentThe designated
officer in whose presence a consent is givenunder this
division shall certify in writing—(a)thattheconsentinwritingofthepersongivingtheconsent, the terms of which are set
out in the certificate,was given in the designated officer’s
presence; and(b)that the designated officer is
satisfied—(i)that, at the time the consent was
given the personhad attained the age of 18 years; and(ii)that, at that
time, the person was of sound mind;and(iii)that the consent
was freely given; and(iv)that the medical
advice referred in section 10(c) or,asthecasemaybe,11(1)(c)hasbeendulyfurnished to the person.Division
2ADonations by children12ABlood transfusions and donations for
approved researchnot subject to this divisionNothing in this division prevents—Current as at [Not applicable]Page
11
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 2 Donations of tissue by living
persons[s 12B](a)theremovalunderdivision4ofbloodfromachild’sbody; or(b)theremovalunderdivision6oftissuefromachild’sbody.12BConsent by parent to removal of
regenerative tissue fortransplantationA person
who—(a)is a parent of a child; and(b)is of sound mind; and(c)is, in the light of medical advice
furnished by a medicalpractitioner, prepared to do
so;may, by writing signed in the presence of a
designated officer,consenttotheremovalfromthebodyofthechildofregenerative tissue specified in the
consent, for the purpose ofthe
transplantation of the tissue to the body of a brother,
sisteror parent of the child.12CCertificate of agreement by a child who is
capable ofunderstandingA medical
practitioner may, by writing signed in the presenceofadesignatedofficer,certifythatatthetimeofthecertification—(a)the
medical practitioner had explained to a child referredto
in section 12B the nature and effect of the removalfromthebodyofthechildoftissuespecifiedintheconsent and the
nature of the transplantation; and(b)the
child understood the nature and effect of the removalof
the tissue and the nature of the transplantation; and(c)the child was in agreement with the
consent given undersection 12B.Page 12Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
2 Donations of tissue by living persons[s 12D]12DCertifications where child is not
capable ofunderstanding by reason of age(1)Where a child referred to in section
12B, by reason of his orher age, is not capable of
understanding the nature and effectoftheremovalofthetissueandthenatureofthetransplantation,eachof3medicalpractitionersmay,bywriting signed in the presence of a
designated officer, certifythat, at the
time of certification—(a)the child, by
reason of his or her age, was not capable ofunderstanding
the nature and effect of the removal andthe nature of
the transplantation; and(b)the brother,
sister or parent of the child, in the medicalpractitioner’s
opinion, is likely to die unless the tissuespecified in the
consent is transplanted to the body ofthat brother,
sister or, as the case may be, parent; and(c)therisktothechild,inthemedicalpractitioner’sopinion, is
minimal.(2)However, 1 of the 3 medical
practitioners shall be a specialistpaediatrician
and another shall be a specialist anaesthetist.(3)In
this section—specialistanaesthetistmeansapersonregisteredundertheHealth Practitioner Regulation
National Law to practise in themedical
profession as a specialist registrant in the specialty ofanaesthesia, other than as a student.specialist paediatricianmeans a person
registered under theHealth Practitioner Regulation
National Law to practise in themedical
profession as a specialist registrant in the specialty ofpaediatrics and child health, other than as
a student.12EDesignated officer to give
certificateThedesignatedofficerinwhosepresenceaconsentandcertificate or, as the case may be,
certificates is or are givenunder this
division shall certify in writing—Current as at
[Not applicable]Page 13
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 2 Donations of tissue by living
persons[s 13](a)thattheconsentinwritingofthepersongivingtheconsent, the terms of which are set
out in the certificate,was given in the designated officer’s
presence; and(b)that the designated officer is
satisfied—(i)that the person was a parent of the
child referred toin the consent; and(ii)that, at that time, the person was of sound
mind;and(iii)that the consent
was freely given; and(iv)thatthemedicaladvicereferredtoinsection 12B(c)hasbeendulyfurnishedtotheperson; and(c)thateachcertificategivenbyamedicalpractitionerunder this
division in respect of the consent was given inthe designated
officer’s presence; and(d)that the
designated officer is satisfied that each medicalpractitionerwhogavesuchacertificatedidsoaftermaking such
inquiries and examination as are necessary.Division 3Effect of consents and authorities13Consents under s 10Subjecttosection 15,consentundersection
10is,whereacertificatehasbeengiveninaccordancewithsection 12inrelationtothatconsent,sufficientauthorityforamedicalpractitioner, other than the medical
practitioner by whom themedicaladvicereferredtoinsection 10wasfurnished,andotherthanthedesignatedofficerinwhosepresencetheconsent was signed, to remove the
regenerative tissue referredto in the
consent—(a)for the purpose of the transplantation
of the tissue to thebody of another living person;
orPage 14Current as at
[Not applicable]
Transplantation and Anatomy Act 1979Part
2 Donations of tissue by living persons[s 14](b)for the purpose of using the tissue
for other therapeuticpurposes or for other medical or
scientific purposes;or for any such purposes.Notauthorised—indicativeonly14Consent under s 11Subject to
section 15, a consent under section 11 is, where acertificatehasbeengiveninaccordancewithsection 12inrelationtothatconsent,sufficientauthorityforamedicalpractitioner, other than the medical
practitioner by whom themedicaladvicereferredtoinsection 11wasfurnished,andotherthanthedesignatedofficerinwhosepresencetheconsent was signed, to remove, at any
time after the expirationof 24 hours from the time at which the
latest relevant consentundersection
11wasgiven,thenon-regenerativetissuereferred to in the consent for the purpose
of the transplantationof the tissue to the body of the other
person referred to in theconsent.14AConsent under s 12BSubject to
section 15, a consent under section 12B is, where acertificate has been given in accordance
with section 12C orcertificates have been given in accordance
with section 12Dandacertificatehasbeengiveninaccordancewithsection 12Einrelationtotheconsent,certificateorcertificates,sufficientauthorityforamedicalpractitionerother
than—(a)themedicalpractitionerbywhomthemedicaladvicereferred to in section 12B(c) or the
explanation referredto in section 12C(a) was furnished;
and(b)the designated officer by whom the
certificate referredto in section 12E was given;to
remove, at any time after the expiration of 24 hours fromthe
time at which the latest relevant consent under section 12Bwas
given, the regenerative tissue referred to in the consent
forthe purpose of the transplantation of the
tissue to the body ofCurrent as at [Not applicable]Page
15
Transplantation and Anatomy Act 1979Part 2
Donations of tissue by living persons[s 15]thebrother,sisterorparentofthechildreferredtointheconsent.Notauthorised—indicativeonly15When consent is
not sufficient authorityA document that purports to be a
consent given in accordancewithsection 10,11or12Bisnotsufficientauthorityforamedical
practitioner to remove tissue if—(a)themedicalpractitionerhasbeeninformedthattheconsent has been revoked; or(b)themedicalpractitionerknowsorhasreasonablegroundsforsuspectingthatacertificategivenforthepurposes of
section 12, 12C, 12D or 12E in relation tothat document
contains a false statement; or(c)in
the case of a document that purports to be a consentgiveninaccordancewithsection 12B—themedicalpractitioner has been informed that a parent
of the childor the child is not, or is no longer, in
agreement with theremoval and transplantation of the
tissue.Division 4Blood
transfusions16InterpretationIn this
division—blood transfusionmeans the
transfusion of human blood, oranyoftheconstituentsofhumanblood,intoapersonandincludes the operation of removing all or
part of the blood of aperson and replacing it with blood
taken from another person.17Consents by
adults to removal of bloodA person who has attained the age of
18 years may consent tothe removal of blood from his or her
body—(a)for the purpose of a blood
transfusion; orPage 16Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
2 Donations of tissue by living persons[s 18](b)forthepurposeofusingthebloodoranyofitsconstituents for other therapeutic purposes
or for othermedical or scientific purposes;or
for any such purposes.Editor’s note—Foranadultwithimpairedcapacity,seetheGuardianshipandAdministration Act 2000, section 69
which provides that, in particularcircumstances,
the Queensland Civil and Administration Tribunal mayconsent to removal of tissue from the adult
for donation to anotherperson.18Consents to removal of blood from
childrenA parent of a child may consent in writing
to the removal ofbloodfromthebodyofthechildforanyofthepurposesreferred to in
section 17 if—(a)amedicalpractitioneradvisesthattheremovalisnotlikely to be prejudicial to the health
of the child; and(b)the child agrees to the
removal.19Consent to be sufficient authority for
removal of bloodAconsentunderthisdivisionissufficientauthorityfortheremoval of blood
from the body of the person who has giventhe consent or
from the body of the child of the person whohas given the
consent, as the case may be.20Blood
transfusions to children without consent(1)Whereabloodtransfusionisadministeredbyamedicalpractitioner to
a child, the medical practitioner or any personacting in aid of
the medical practitioner and under the medicalpractitioner’ssupervisioninadministeringsuchtransfusion,shall not incur
any criminal liability by reason only that theconsent of a
parent of the child or a person having authority toconsent to the administration of the
transfusion was refused ornot obtained if—Current as at
[Not applicable]Page 17
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 2 Donations of tissue by living
persons[s 21](a)intheopinionofthemedicalpractitionerabloodtransfusionwasnecessarytopreservethelifeofthechild; and(b)either—(i)uponandafterinpersonexaminingthechild,asecondmedicalpractitionerconcurredinsuchopinionbeforetheadministrationofthebloodtransfusion;
or(ii)themedicalsuperintendentofabasehospital,being satisfied that a second medical
practitioner isnot available to examine the child and that
a bloodtransfusionwasnecessarytopreservethelifeofthe
child, consented to the transfusion before it wasadministered (which consent may be obtained
andgiven by any means of communication
whatever).(2)Whereabloodtransfusionisadministeredtoachildinaccordancewiththissection,thetransfusionshall,forallpurposes,bedeemedtohavebeenadministeredwiththeconsent of a parent of the child or a
person having authority toconsent to the administration.(3)Nothinginthissectionrelievesamedicalpractitionerfromliability in respect of the administration
of a blood transfusionto a child, being a liability to which
the medical practitionerwouldhavebeensubjectifthetransfusionhadbeenadministeredwiththeconsentofaparentofthechildoraperson having authority to consent to
the administration of thetransfusion.Division 5Revocation of consent oragreement21Revocation of consent(1)ApersonwhogivesaconsentoragreeswithanythingconsentedtoforthepurposesofthispartmayatanytimePage 18Current as at [Not applicable]
Transplantation and Anatomy Act 1979Part
2 Donations of tissue by living persons[s 21]Notauthorised—indicativeonlythereafterrevokethatconsentoragreementbyindicating,either orally or
in writing—(a)wherethedonor,inrelationtothatconsentoragreement, is a patient in a
hospital—(i)to a designated officer for that
hospital; or(ii)toamedicalpractitionerwhoisattendingthedonor in a professional capacity; or(iii)toanurseoranyotherpersonemployedatthathospital;
and(b)wherethedonorisnotapatientinahospital—toamedicalpractitionerwhoisattendingthedonorinaprofessional capacity;that
the consent or agreement is revoked.(2)Where—(a)the
donor is a patient in a hospital; and(b)the
person who gave the consent or agreement for thepurposes of this part indicates to a person
referred to insubsection (1)(a)(ii)or(iii)thattheconsentoragreement is revoked;that person
shall inform a designated officer for that hospitalforthwith of the revocation of the consent
or agreement.(3)Where a person revokes his or her
consent or agreement inaccordance with subsection (1)—(a)if the donor is a patient in a
hospital at the time of therevocation—thedesignatedofficerforthathospitaltowhomtherevocationiscommunicatedinaccordancewith subsection
(1) or (2); or(b)if the donor is not a patient in a
hospital at that time—themedicalpractitionertowhomtherevocationiscommunicated;shall, if it
appears to him or her, after making such inquiries(if
any) as are reasonable in the circumstances, that a medicalpractitioner is proposing to rely on the
consent and agreementCurrent as at [Not applicable]Page
19
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 2 Donations of tissue by living
persons[s 21A]in connection
with the removal of tissue from the body of thedonor,informthatmedicalpractitionerforthwiththattheconsent or agreement has been
revoked.(4)Where a consent or agreement is
revoked, a person who has inhisorherpossessiontheinstrumentofconsentortheinstrument of agreement (if any)
shall, upon being informedbyadesignatedofficerforahospitalorbythemedicalpractitioner to
whom the revocation is communicated that theconsent or
agreement has been revoked, surrender—(a)that
instrument; and(b)if a certificate given in accordance
with section 12, 12C,12D or 12E is in his or her
possession—that certificate;to the person
who gave the consent or agreement.Division 6Donations for approved research21ADefinitions for div 6In
this division—approvedresearchmeansresearchapprovedbyahumanresearch ethics
committee in accordance with the AustralianCode and the
National Statement.AustralianCodemeanstheAustralianCodefortheResponsible
Conduct of Research,issuedbytheNHMRCin2018, as in force from time to time.human research ethics committeemeans a committee formedinaccordancewiththerequirementsstatedintheNationalStatement.National
Statementmeans the National Statement on
EthicalConduct in Human Research, issued by the
NHMRC in 2007,as in force from time to time.Editor’s note—A copy of the
National Statement is available on the web site of theNHMRC on the internet at
<www.nhmrc.gov.au/publications/synopses/e72syn.htm>.Page 20Current as at [Not applicable]
Transplantation and Anatomy Act 1979Part
2 Donations of tissue by living persons[s 21B]NHMRCmeanstheNationalHealthandMedicalResearchCouncil established under theNationalHealthandMedicalResearch Council
Act 1992(Cwlth).Notauthorised—indicativeonly21BAuthorised donation by adultThe
removal of tissue from an adult’s body is authorised if—(a)it is done for the purpose of approved
research; and(b)consentisgivenasrequiredundertheNationalStatement.21CAuthorised donation by child(1)The removal of tissue from a child’s
body is authorised if—(a)it is done for
the purpose of approved research; and(b)consentisgivenasrequiredundertheNationalStatement;
and(c)1 or more of the following
applies—(i)theapprovedresearchisforthebenefitofthechild;(ii)the removal of
the tissue occurs during a procedurethatisforthebenefitofthechildandamedicalpractitionerissatisfiedtheremovalofthetissuefor approved
research is not likely to prejudice thehealth of the
child;(iii)amedicalpractitionerissatisfiedtheremovalofthetissuewillinvolveanegligibleorlowriskofharm
and minimal discomfort to the child.(2)Forsubsection(1)(c)(ii)and(iii),themedicalpractitionermust make a
record of the practitioner’s satisfaction.(3)Forsubsection(1)(c)(iii),themedicalpractitioner’ssatisfaction,andtherecordofthatsatisfaction,mayrelateto—(a)a particular child or children;
orCurrent as at [Not applicable]Page
21
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 3 Donations of tissue after death[s
22](b)agroupofchildrenthatisormaybeparticipatinginstated approved research.Part
3Donations of tissue after death22Authority to remove tissue where body
of deceased in ahospital(1)Subsection (2) applies if—(a)the body of a deceased person is in a
hospital; and(b)it appears to a designated officer for
the hospital, aftermakingreasonableinquiries,thatthedeceasedpersonhadnot,duringhisorherlifetime,expressedanobjection to the removal after death
of tissue from his orher body; and(c)the
senior available next of kin of the deceased personhas
consented to the removal of tissue from the body ofthe
deceased person for—(i)transplanting it
to the body of a living person; or(ii)use
of the tissue for other therapeutic purposes orfor other
medical or scientific purposes.(2)The
designated officer may, by signed writing, authorise theremoval of tissue from the body of the
deceased person underthe consent.(3)The
senior available next of kin of a person if he or she has noreason to believe that the person has
expressed an objection totheremovalaftertheperson’sdeathoftissuefromtheperson’sbodyforanyofthepurposesreferredtoinsubsection
(1)(c), may make it known to a designated officeratanytimebeforethedeathofthepersonthatthesenioravailable next
of kin has no objection to the removal, after thedeath of the person, of tissue from the body
of the person forany of the purposes referred to in
subsection (1)(c).Page 22Current as at
[Not applicable]
Transplantation and Anatomy Act 1979Part
3 Donations of tissue after death[s 22]Notauthorised—indicativeonly(3A)For subsections
(1)(b) and (3), a deceased person is not to betaken as having
expressed an objection to the removal afterdeath of tissue
if—(a)thedeceasedpersonexpressedanobjectionbutsubsequently withdrew it; and(b)the designated officer, or the senior
available next of kinof the deceased person, believes the
withdrawal is themostrecentandreliableindicationofthedeceasedperson’s
wishes.(4)Where there are 2 or more persons of a
description referred toin section 4, definitionsenior available next of kin,
paragraph(a)(i) to (iv) or (b)(i) to (iv), an
objection by any 1 of thosepersonshaseffectforthepurposesofthissectionnotwithstanding any indication to the
contrary by the other orany other of those persons.(5)Where a deceased person, during his or
her lifetime, by signedwriting consented to the removal after
death of tissue from hisorherbodyforanyofthepurposesreferredtoinsubsection
(1)(c) and the consent had not been revoked by thedeceased person, the removal of tissue from
the body of thedeceasedpersoninaccordancewiththeconsentforanyofthose purposes
is hereby authorised.(6)Aconsentundersubsection (1)(c),andacommunicationunder subsection
(3) by the senior available next of kin, mustbe in
writing.(7)However,ifitisnotpracticablefortheconsentorcommunicationtobegiveninwritingbecauseofthecircumstances in
which it is given, it may be given orally.(8)Iftheconsentorcommunicationisgivenorallyundersubsection
(7),thedesignatedofficermustensurethat,assoon
as practicable—(a)the fact of the giving of the consent
or communicationandthedetailsoftheconsentorcommunicationarereduced to writing and placed on the
deceased person’shospital records; andCurrent as at
[Not applicable]Page 23
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 3 Donations of tissue after death[s
23](b)reasonableattemptsaremadetohavetheconsentorcommunicationconfirmedinwritingbythesenioravailable next
of kin.(9)The designated officer must ensure
that a document obtainedundersubsection
(6)or(8)(b)isplacedonthedeceasedperson’s
hospital records as soon as practicable.(10)Subsection (8) does not affect the operation
of subsection (7).23Authority to remove tissue where body
of deceased notin hospital(1)Subject to this part, where the body of a
deceased person is ina place other than a hospital, a
senior available next of kin ofthedeceasedpersonmay,bysignedwriting,authorisetheremoval of tissue from the body of the
deceased person—(a)for the purpose of the transplantation
of the tissue to thebody of a living person; or(b)for the purpose of using the tissue
for other therapeuticpurposes or for other medical or
scientific purposes;or for any of those purposes.(2)Where the senior available next of kin
of the deceased personhas reason to believe that—(a)thedeceasedpersonhad,duringhisorherlifetime,expressed an objection to the removal of
tissue from hisor her body and had not withdrawn that
objection; or(b)another next of kin of the same or a
higher order of theclasses in section 4, definitionsenioravailablenextofkin,paragraph(a)(i)to(iv)or(b)(i)to(iv)hasanobjection to the removal of tissue
from the body of thedeceased person;the senior
available next of kin shall not, under subsection (1),authorise the removal of tissue from the
body of the deceasedperson.(3)Where a deceased person, during his or her
lifetime, by signedwriting consented to the removal after death
of tissue from hisPage 24Current as at
[Not applicable]
Transplantation and Anatomy Act 1979Part
3 Donations of tissue after death[s 23A]orherbodyforanyofthepurposesreferredtoinsubsection (1)
and the consent had not been revoked by thedeceased person,
the removal of tissue from the body of thedeceasedpersoninaccordancewiththeconsentforanyofthose purposes
is hereby authorised.Notauthorised—indicativeonly23AAuthority to access deceased person’s
medical records(1)This section applies if, under section
22 or 23, the removal oftissue from the body of a deceased
person for transplanting tothe body of a
living person is authorised.(2)The
senior available next of kin may consent to the disclosureof
the deceased person’s health record to a health professionalfor
the purposes of the transplantation of the tissue.(3)Also,forthepurposesofobtainingtheconsentundersubsection (2), a designated person may
disclose informationinthedeceasedperson’shealthrecordaboutthedeceasedperson’s next of
kin and the next of kin’s contact details toanother
designated person.(4)This section applies despite
theHospital and Health BoardsAct
2011, section 142(1).(5)In
this section—designatedpersonseetheHospitalandHealthBoardsAct2011, schedule
2.health professionalsee theHospital and Health Boards Act2011, schedule
2.healthrecord,foradeceasedperson,meansthedeceasedperson’shospitalrecordoranotherdocumentrecordingthedeceased person’s health history, condition
and treatment.24Consent by coroner(1)This
section applies to a deceased person—(a)whose death must be reported under
theCoronersAct1958,section 12or13ortheCoronersAct2003,section 7; orCurrent as at
[Not applicable]Page 25
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 3 Donations of tissue after death[s
24](b)in respect of whose death a coroner is
directed by theMinister for the time being administering
theCoronersAct 1958to
inquire into the cause and circumstances ofthedeathorisdirectedbytheMinisterundertheCoroners Act 2003, section 11 to
investigate.(2)A designated officer or a senior
available next of kin, as thecase may be,
shall not authorise the removal of tissue from thebody
of a deceased person to whom this section applies unlessa
coroner has consented to the removal of the tissue.(3)Section 22(5) or, as the case may be,
23(3) does not apply inrelationtoadeceasedpersontowhomthissectionappliesunless a coroner has consented to the
removal of tissue fromthe body of the deceased
person.(4)A coroner may give a direction, either
before or after the deathofapersontowhomthissectionapplies,thathisorherconsent to the
removal of tissue from the body of the personafter the death
of the person is not required and, in that event,subsections (2) and (3) do not apply to or
in relation to theremoval of tissue from the body of the
person.(5)A consent or direction by a coroner
under this section may beexpressed to be subject to such
conditions as are specified inthe consent or
direction.(6)A consent or direction may be given
orally by a coroner and,if so given, shall be confirmed in
writing within 7 days.(7)Where a consent
has been given under subsection (2), a reportinwritingontheconditionofthetissueremovedshallbefurnished to the coroner concerned within 7
days—(a)by the medical practitioner who
effected the removal; or(b)wherethereisagroupofmedicalpractitionersconcerned in the
removal—by 1 of the group designatedby the leader of
the group before the removal is effectedor, failing such
a designation, by the leader of the group.Page 26Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
4 Post-mortem examinations[s 25]25Effect of authority under this partAnauthorityunderthispartissufficientauthorityfortheremovaloftissuefromthebodyofthedeceasedpersonreferredtointheauthorityforthepurposestatedintheauthority.Part 4Post-mortem examinations26Authority for post-mortem where body of
deceased in ahospital(1)Subsection (2) applies if—(a)the body of a deceased person is in a
hospital; and(b)it appears to a designated officer for
the hospital, aftermakingreasonableinquiries,thatthedeceasedpersonhadnotduring,hisorherlifetime,expressedanobjectiontoapost-mortemexaminationofhisorherbody; and(c)the
senior available next of kin of the deceased personhas
consented to a post-mortem examination of the bodyof
the deceased person.(2)Thedesignatedofficermay,bysignedwriting,authoriseapost-mortem examination of the body of the
deceased person.(3)The senior available next of kin of a
person if he or she has noreason to believe that the person had
expressed an objection toa post-mortem examination of his or
her body, may make itknown to a designated officer at any
time before the death ofthepersonthatthesenioravailablenextofkinhasnoobjectiontoapost-mortemexaminationofthebodyoftheperson.(4)Wherethereare2ormorepersonshavingadescriptionreferred to in
section 4, definitionsenior available next of kin,paragraph (a)(i) to (iv) or (b)(i) to
(iv), an objection by any 1ofthosepersonshaseffectforthepurposesofthissectionCurrent as at [Not applicable]Page
27
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 4 Post-mortem examinations[s
27]notwithstanding any indication to the
contrary by the other orany other of those persons.(5)Where a deceased person, during his or
her lifetime, by signedwriting consented to a post-mortem
examination of his or herbody and the consent had not been
revoked by the deceasedperson,apost-mortemexaminationofthebodyofthedeceasedpersoninaccordancewiththeconsentisherebyauthorised.(6)Aconsentundersubsection (1)(c),andacommunicationunder subsection
(3) by the senior available next of kin, mustbe in
writing.(7)However,ifitisnotpracticablefortheconsentorcommunicationtobegiveninwritingbecauseofthecircumstances in
which it is given, it may be given orally.(8)Iftheconsentorcommunicationisgivenorallyundersubsection
(7),thedesignatedofficermustensurethat,assoon
as practicable—(a)the fact of the giving of the consent
or communicationandthedetailsoftheconsentorcommunicationarereduced to writing and placed on the
deceased person’shospital records; and(b)reasonableattemptsaremadetohavetheconsentorcommunicationconfirmedinwritingbythesenioravailable next
of kin.(9)The designated officer must ensure
that a document obtainedundersubsection
(6)or(8)(b)isplacedonthedeceasedperson’s
hospital records as soon as practicable.(10)Subsection (8) does not affect the operation
of subsection (7).27Authority for post-mortem where body
of deceased not inhospital(1)Subject to this part, where the body of a
deceased person is ina place other than a hospital, the
senior available next of kin ofthedeceasedpersonmay,bysignedwriting,authoriseapost-mortem examination of the body of the
deceased person.Page 28Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
4 Post-mortem examinations[s 28](2)Where the senior available next of kin of
the deceased personhas reason to believe that—(a)thedeceasedpersonhad,duringhisorherlifetime,expressed an objection to a post-mortem
examination ofhis or her body and had not withdrawn that
objection; or(b)another next of kin of the same or a
higher order of theclasses in section 4, definitionsenioravailablenextofkin,paragraph(a)(i)to(iv)or(b)(i)to(iv)hasanobjection to the post-mortem
examination of the body ofthe deceased person;the
senior available next of kin shall not, under subsection
(1),authorisethepost-mortemexaminationofthebodyofthedeceased person.(3)Where a deceased person, during his or her
lifetime, by signedwriting consented to a post-mortem
examination of his or herbody and the consent had not been
revoked by the deceasedperson,apost-mortemexaminationofthebodyofthedeceasedpersoninaccordancewiththeconsentisherebyauthorised.28Consent by coroner(1)This
section applies to a deceased person—(a)whose death must be reported under
theCoronersAct1958,section 12or13ortheCoronersAct2003,section 7; or(b)in
respect of whose death a coroner is directed by theMinister for the time being administering
theCoronersAct 1958to
inquire into the cause and circumstances ofthedeathorisdirectedbytheMinisterundertheCoroners Act 2003, section 11 to
investigate.(2)A designated officer or a senior
available next of kin, as thecase may be,
shall not authorise a post-mortem examination ofthe
body of a deceased person to whom this section appliesunless a coroner has consented to the
examination.Current as at [Not applicable]Page
29
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 4 Post-mortem examinations[s
29](3)Section 26(5) or, as the case may be,
27(3) does not apply inrelationtoadeceasedpersontowhomthissectionappliesunlessacoronerhasconsentedtothepost-mortemexamination of
the body of the deceased person.(4)A
coroner may give a direction, either before or after the
deathofapersontowhomthissectionapplies,thathisorherconsenttoapost-mortemexaminationofthebodyoftheperson is not required and, in that
event, subsections (2) and(3)donotapplytoorinrelationtoapost-mortemexamination of
the body of the deceased person.(5)A
consent or direction by a coroner under this section may beexpressed to be subject to such conditions
as are specified inthe consent or direction.(6)A consent or direction may be given
orally by a coroner and,if so given, shall be confirmed in
writing within 7 days.29Effect of
authority under this part(1)Anauthorityunderthispartissufficientauthorityforamedical
practitioner (other than, in a case to which section 26applies,thedesignatedofficerwhoauthorisedtheexamination)—(a)to
conduct an examination of the body of the deceasedperson; and(b)for
that purpose, to remove tissue from the body of thedeceased person.(2)An
authority under this part is sufficient authority for the
use,for medical purposes or scientific purposes,
of tissue removedfrom the body of the deceased person for the
examination, ifthe tissue is specimen tissue.(3)An examination order made by a coroner
is authority for theuse,formedicalpurposesorscientificpurposes,oftissueremovedfromthebodyofthedeceasedpersonfortheexamination, if
the tissue is specimen tissue.(4)Subsection (3)doesnotapplyifacoronerordersthatspecimen tissue
must not be used under the subsection.Page 30Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
4 Post-mortem examinations[s 29](5)Subsections (3)and(4)applydespiteanyprovisionoftheCoroners Act 1958that has the
effect of requiring specimentissue to be
preserved for any period, but apply subject to theCoroners Act 2003, section
24.(6)Subsections (3)to(5)donotpreventacoronerdeciding,under theCoroners Act
1958, when material that is specimentissue need no longer be preserved for that
Act.(7)This section does not prevent tissue
removed from the body ofadeceasedpersonforthepurposeofanexaminationconductedundersubsection
(1),orunderanexaminationorder, being
used for the purpose of the examination.(8)In
this section—coronermeansacoronerundertheCoronersAct1958orCoroners Act 2003.examination ordermeans an order
made under—(a)theCoronersAct1958,section 18(1),(2)or(3),requiring the
making of a post mortem examination ofthe body, or a
special examination of parts or contents ofthe body, of a
deceased person; or(b)theCoroners Act
2003, section 19 or 23.medical
purposesdoes not include therapeutic
purposes.specimen tissue—(a)means—(i)a
small sample of tissue kept in the form of a tissueblockortissueslidepreparedtoenablethemicroscopic examination of the tissue;
or(ii)tissue taken
from the tissue block; and(b)does not include
tissue that is, or is a large proportion ofthetotalityof,anorganofahumanbodyorhumanfoetus.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 4 Post-mortem examinations[s
30]30Conditions of performance of
post-mortem(1)A post-mortem examination of the body
of a deceased personmust not be made if the chief health
officer has forbidden theexamination.(2)A
post-mortem examination of the body of a deceased personin a
hospital must be—(a)made in—(i)the
mortuary of the hospital; or(ii)anotherplaceinthehospitalapprovedbythemedicalsuperintendentofthehospitalasbeingsuitable for the
making of the examination; or(iii)themortuaryofanotherhospitalthatissuitablefor the making
of the examination; and(b)made by—(i)a medical practitioner; or(ii)a person
who—(A)isregisteredundertheHealthPractitionerRegulationNationalLawtopractiseinthemedicalprofessionasaprovisionalregistrant,
other than as a student; and(B)hastheapprovalofthemedicalsuperintendentofthehospitaltomaketheexamination.(3)A
post-mortem examination of the body of a deceased personin a
place other than a hospital must be—(a)made
in a place approved by the chief health officer; and(b)made by a medical practitioner.(4)A person who makes a post-mortem
examination of the bodyof a deceased person must do so in a
quiet, orderly and decentmanner.(5)In
this section—Page 32Current as at
[Not applicable]
Transplantation and Anatomy Act 1979Part
5 Donations for anatomical purposes[s 31]hospitalmeansahospitalinthechargeofamedicalsuperintendent.Notauthorised—indicativeonlyPart
5Donations for anatomicalpurposes31Authority for anatomy where body of
deceased in ahospital(1)Subsection (2) applies if—(a)the body of a deceased person is in a
hospital; and(b)it appears to a designated officer for
the hospital, aftermakingreasonableinquiries,thatthedeceasedpersonhadnot,duringhisorherlifetime,expressedanobjection to the retention after the
person’s death of hisor her body for—(i)anatomical examination; or(ii)use of the body
for the study and teaching of theanatomy of the
human body; and(c)the senior available next of kin of
the deceased personhasconsentedtotheretentionofthebodyofthedeceased person for any of the
purposes mentioned inparagraph (b).(2)The
designated officer may, by signed writing, authorise theretention and use of the body of the
deceased person under theconsent.(3)Thesenioravailablenextofkinofapersonifthesenioravailable next
of kin has no reason to believe that the personhas expressed an
objection to the retention after the person’sdeath of his or
her body for any of the purposes referred to insubsection
(1)(b), may make it known to a designated officeratanytimebeforethedeathofthepersonthatthesenioravailable next
of kin has no objection to the retention after thedeath of the person of the body of the
person for any of suchpurposes.Current as at
[Not applicable]Page 33
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 5 Donations for anatomical
purposes[s 32](4)Where there are 2 or more persons of a
description referred toin section 4, definitionsenior available next of kin,
paragraph(a)(i) to (iv) or (b)(i) to (iv), an
objection by any 1 of thosepersonshaseffectforthepurposesofthissectionnotwithstanding any indication to the
contrary by the other orany other of those persons.(5)Aconsentundersubsection
(1)(c),andacommunicationunder subsection
(3) by the senior available next of kin, mustbe in
writing.(6)The designated officer must ensure
that a document obtainedundersubsection
(5)isplacedonthedeceasedperson’shospital records as soon as
practicable.32Authority for anatomy where body of
deceased not in ahospital(1)Subject to this part, where the body of a
deceased person is ina place other than a hospital, the
senior available next of kinmay, by signed
writing, authorise the retention of the body ofthe deceased
person—(a)for the purpose of anatomical
examination; or(b)forthepurposeofusingthebodyforthestudyandteaching of the anatomy of the human
body;or for any such purposes.(2)Where the senior available next of kin
of the deceased personhas reason to believe that—(a)thedeceasedpersonhad,duringhisorherlifetime,expressed an objection to the retention of
the person’sbodyforanyofthepurposesreferredtoinsubsection
(1)andhadnotwithdrawnhisorherobjection;
or(b)another next of kin of the same or a
higher order of theclassesreferredtoinsection
4,definitionsenioravailable next of kin, paragraph
(a)(i) to (iv) or (b)(i) to(iv), has an
objection to the retention of the body of thePage 34Current as at [Not applicable]
Transplantation and Anatomy Act 1979Part
5 Donations for anatomical purposes[s 33]deceased person for any of the purposes
referred to insubsection (1);the senior
available next of kin shall not, under subsection (1),authorisetheretentionanduseofthebodyforanysuchpurpose.Notauthorised—indicativeonly33Provisions applicable where deceased
consents toretention of his or her body for
anatomyWhere a person, during his or her lifetime,
by writing attestedby 2 witnesses at the least, has consented
to the retention afterthe person’s death of his or her body
for any of the purposesreferredtoinsection 31(1)andtheconsenthadnotbeenrevokedbytheperson,theretentionofthebodyofthedeceasedpersoninaccordancewiththeconsentisherebyauthorised.34Consent by coroner(1)This
section applies to a deceased person—(a)whose death must be reported under
theCoronersAct1958,section 12or13ortheCoronersAct2003,section 7; or(b)in
respect of whose death a coroner is directed by theMinister for the time being administering
theCoronersAct 1958to
inquire into the cause and circumstances ofthedeathorisdirectedbytheMinisterundertheCoroners Act 2003, section 11 to
investigate.(2)A designated officer for a hospital or
a senior available next ofkin shall not, in relation to the body
of a deceased person towhomthissectionapplies,giveanauthorityundersection 31(2)or32(1),asthecasemaybe,exceptwiththeconsent of a coroner.(3)Section 33 does not apply in relation
to a deceased person towhom this section applies unless a
coroner has consented tothe retention of the body of the
person.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 6 Schools of anatomy[s 35](4)A coroner may give a direction, either
before or after the deathof a person to whom this section
applies, that the coroner’sconsenttotheretentionofthebodyofthepersonafterthedeathofthepersonisnotrequiredand,inthatevent,subsections (2) and (3) do not apply to or
in relation to theretention of the body.(5)A
consent or direction by a coroner under this section may beexpressed to be subject to such conditions
as are specified inthe consent or direction.(6)A consent or direction may be given
orally by a coroner and,if so given, shall be confirmed in
writing within 7 days.35Effect of
authority under this partAnauthorityunderthispartissufficientauthorityfortheremovalofthebodyofthedeceasedpersontoaschoolofanatomy, for its loan by a school of anatomy
to another schoolof anatomy, for its acceptance by a school
of anatomy and forits retention and use, subject to the
regulations, by a school ofanatomy for the
purpose stated in the authority.36Conditions of performance of anatomical
examination(1)Ananatomicalexaminationshallnotbeperformeduponabodywherethechiefhealthofficerhasforbiddenitsperformance.(2)Apersonwhoperformsananatomicalexaminationuponabody shall do so in a quiet, orderly
and decent manner.Part 6Schools of
anatomy37Establishment of schools of
anatomy(1)Thechiefexecutivemayauthorisetheestablishmentofschools of anatomy where the study and
practice of anatomymay be carried on in connection with a
university or school ofmedicine in such places as the chief
executive thinks fit.Page 36Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
7 Prohibition of trading in tissue[s 38](2)AschoolofanatomyestablishedunderauthoritygrantedundertheMedicalAct1939whichauthority,atthecommencement of this part, has not
been revoked is herebydeclaredtobeaschoolofanatomyestablishedundertheauthority of this section.38Inspectors of schools of
anatomy(1)Thechiefexecutivemayappointinspectorsofschoolsofanatomy.(3)The
chief executive may direct the schools of anatomy thatevery inspector referred to in subsection
(1) is to superintend.(4)Every such
inspector may inspect at any time any school ofanatomy of which
the inspector is appointed inspector.Part 7Prohibition of trading in tissue39Definition for pt 7In
this part—trading,of tissue,
includes any of the following—(a)buying, agreeing to buy, offering to buy,
holding out asbeing willing to buy, or inquiring whether a
person iswilling to sell the tissue;(b)selling, agreeing to sell, offering to
sell, holding out asbeingwillingtosell,orinquiringwhetherapersoniswilling to buy the tissue;(c)anyactmentionedinsection 41(a),(b)or(c)foranadvertisement relating to the buying
of the tissue.40Unauthorised buying of tissue
prohibited(1)Subject to this section, a person
shall not buy, agree to buy,offer to buy,
hold himself or herself out as being willing toCurrent as at
[Not applicable]Page 37
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 7 Prohibition of trading in tissue[s
41]buy, or inquire whether a person is willing
to sell to the personor another person—(a)tissue; or(b)the
right to take tissue from the body of another person.Maximumpenalty—20penaltyunitsor6monthsimprisonment.(2)Where the Minister considers it desirable by
reason of specialcircumstancessotodo,theMinistermay,byapermitinwriting,authoriseaperson,subjecttosuchconditionsandrestrictions as may be specified in the
permit, to buy tissue orthe right to take tissue from the body
of another person.(3)Nothing in subsection (1) applies to
anything done under andin accordance with a permit granted
under subsection (2).(4)The Minister may
at any time, by notice in writing given to aperson to whom a
permit has been granted under this section,cancel the
permit.(5)Where a permit has been granted under
subsection (2) subjecttoanyconditionsorrestrictionsspecifiedtherein,apersonshallnotactontheauthorityofthepermitunlesstheconditions or restrictions, as the
case may be, are or have beencomplied
with.Maximumpenalty—10penaltyunitsor3monthsimprisonment.41Advertisements relating to buying of tissue
restrictedA person shall not—(a)publish or disseminate by newspaper, other
periodical,book, broadcasting, television,
cinematograph or othermeans whatever; or(b)exhibit to public view in a house, shop or
place; or(c)deposit in the area, yard, garden or
enclosure of a house,shop or place;Page 38Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
7 Prohibition of trading in tissue[s 42]an
advertisement relating to the buying of tissue or of the
rightto take tissue from the bodies of persons
unless the proposedadvertisement has been approved by the
Minister and containsa statement to that effect.Maximumpenalty—10penaltyunitsor3monthsimprisonment.42Unauthorised selling of tissue
prohibited(1)Subject to this section, a person
shall not sell, agree to sell,offer to sell,
hold himself or herself out as being willing tosell, or inquire
whether a person is willing to buy from theperson or
another person—(a)tissue (including his or her own
tissue); or(b)the right to take tissue from his or
her body or the bodyof that other person.Maximumpenalty—10penaltyunitsor3monthsimprisonment.(2)Nothing in subsection (1) applies to a sale,
or an agreement tosell,toapersonwhois,orisreasonablybelievedbythevendortobe,actingsubjectto,andinaccordancewithapermit granted under section
40(2).42APerson who owns a prescribed tissue
bank may chargeamount to recover certain costs etc.(1)A person who owns a tissue bank
may—(a)charge an amount (acost-recovery amount) to
recoverthe person’s reasonable costs associated
with removing,evaluating,processing,storingordistributingdonatedtissue; or(b)sell, agree to sell, offer to sell or hold
himself or herselfoutasbeingwillingtoselldonatedtissueforacost-recovery amount; orCurrent as at [Not applicable]Page
39
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 7 Prohibition of trading in tissue[s
42A](c)inquirewhetherapersoniswillingtobuyfromthepersonoranotherpersondonatedtissueforacost-recovery
amount.(2)Apersondoesnotcommitanoffenceagainstsection 42(1)merelybydoingsomethingthatispermittedundersubsection (1).(3)Apersondoesnotcommitanoffenceagainstsection 40(1)merely
by—(a)payingacost-recoveryamountchargedundersubsection (1); or(b)buying,agreeingtobuy,offeringtobuyorholdinghimself or
herself out as being willing to buy donatedtissue from a
tissue bank for a cost-recovery amount; or(c)inquiring whether a person who owns a tissue
bank iswilling to sell to the person or another
person donatedtissue for a cost-recovery amount.(4)Aregulationmayregulatethechargingofacost-recoveryamount.(5)An amount charged contrary to the
regulation is taken not tobe a cost-recovery amount.(6)In this section—corresponding
lawmeans a law of another State or
countrycorresponding, or substantially
corresponding, to this Act.distributingmeans
distributing from the tissue bank.donatedtissuemeanstissueremovedunderaconsentorauthority under this Act or a corresponding
law.ownsincludes
controls.processingmeans processing
at or for the tissue bank.storingmeans storing at
the tissue bank.tissue bankmeans a facility
prescribed by regulation at whichdonated tissue
is stored.Page 40Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
7 Prohibition of trading in tissue[s 42AA]42AATrading of tissue for particular
purposes(1)Sections 40, 41 and 42 do not apply to
the trading of tissueif—(a)the
tissue has been subjected to processing or treatment;and(b)thetradingofthetissueisforatherapeuticpurpose,medical purpose or scientific purpose;
and(c)the tissue is—(i)abiologicaloramedicaldeviceincludedintheregisterundertheTherapeuticGoodsAct1989(Cwlth);
or(ii)a registered
good under the Therapeutic Goods Act1989 (Cwlth);
or(iii)any exempt
material derived wholly or in part fromtissue;
and(d)the tissue is not relevant
tissue.(2)In this section—exempt
materialmeans any of the following—(a)laboratory reagents;(b)quality assurance material;(c)reference and control material.registermeans the
Australian Register of Therapeutic GoodskeptundertheTherapeuticGoodsAct1989(Cwlth),section 9A.relevant
tissuemeans—(a)tissue stored at a tissue bank under section
42A; or(b)tissue mentioned in section
42AB(1).42ABTrading of tissue by, with or for
exempt entity(1)Sections 40, 41 and 42 do not apply to
the trading of tissueif—Current as at
[Not applicable]Page 41
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 7 Prohibition of trading in tissue[s
42AC](a)the trading of the tissue is carried
out by or with—(i)an exempt entity; or(ii)theCommonwealthforthebenefitofanexemptentity;
and(b)thetissueisthesubjectofanagreementbetweentheexempt entity and the Commonwealth or the
State.(2)In this section—blood
products—(a)meansbloodproductsundertheNationalBloodAuthority Act 2003(Cwlth), section
3, definitionbloodproducts and
services, paragraph (a); and(b)does
not include cord blood.exempt entitymeans—(a)for blood products, an entity
mentioned in the nationalproducts price list as a supplier;
or(b)for tissue other than blood products,
an entity that—(i)is a party to an agreement with the
Commonwealthor the State for the buying or selling of
the tissue;and(ii)is prescribed
under a regulation.National Blood Agreementsee theNational Blood AuthorityAct 2003(Cwlth), section 3.nationalproductspricelistmeanstheannualnationalproducts price list approved by the
Ministerial Council underthe National Blood Agreement.42ACDonation of human eggs and human sperm
byindividuals(1)Section 41doesnotapplytoadonationofhumaneggsorhuman sperm within the meaning of
theResearch InvolvingHumanEmbryosandProhibitionofHumanCloningforReproduction Act 2003if—Page 42Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
7 Prohibition of trading in tissue[s 42B](a)anindividual(therecipient),asmentionedinthatsection,
publishes, disseminates, exhibits or deposits anadvertisementstatingthattherecipientseeksanotherindividual
(thedonor) to donate
human eggs or humansperm to the recipient; and(b)thehumaneggsorhumanspermaretobeusedwithassistedreproductivetechnologyfortherecipient’spersonal use;
and(c)therecipientdoesnotgivethedonorvaluableconsideration for the donation.(2)In this section—valuableconsideration,oradonationofhumaneggsorhuman sperm by an individual, means
any form of payment,rewardorothermaterialbenefitoradvantage,butdoesnotinclude the payment of the individual’s
reasonable expenses inconnection with the donation.42BRecovery of particular costs by school
of anatomy(1)A school of anatomy may charge an
amount to recover thereasonablecostsassociatedwiththeloanofthebodyofadeceased person to another school of
anatomy, including costsassociated with receiving, embalming,
storing, maintaining ordisposing of the body or a part of the
body.(2)Apersondoesnotcommitanoffenceagainstsection 40(1)only by paying
an amount charged under subsection (1).(3)Apersondoesnotcommitanoffenceagainstsection 42(1)only by charging
an amount under subsection (1).43Proceedings, how takenProceedings for
an offence against this part shall not be takenwithout the
written consent of the Minister.Current as at
[Not applicable]Page 43
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 8 Definition of death[s 44]44Evidentiary provisionA
document purporting to be—(a)a consent of the
Minister to the taking of proceedingsfor an offence
against this part; or(b)a permit granted
under section 40(2); or(c)an approval
referred to in section 41;shall upon its production in any
proceedings be evidence ofthe matters contained therein.44ARelationship of pt 7 with Research
Involving HumanEmbryos and Prohibition of Human Cloning
forReproduction Act 2003, s 17(1)This section applies to human eggs,
human sperm and humanembryoswithinthemeaningoftheResearchInvolvingHumanEmbryosandProhibitionofHumanCloningforReproduction Act 2003.(2)To the extent of
an inconsistency between this part and theResearchInvolvingHumanEmbryosandProhibitionofHumanCloningforReproductionAct2003, section 17,
thatsection prevails.Part 8Definition of death45When
death occurs(1)For the purposes of this Act, a person
has died when there hasoccurred—(a)irreversible cessation of circulation of
blood in the bodyof the person; or(b)irreversible cessation of all function of
the brain of theperson certified in accordance with
subsection (2).(2)The irreversible cessation referred to
in subsection (1)(b) shallbecertifiedby2medicalpractitioners,eachofwhomhasPage
44Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
8 Definition of death[s 45]carriedoutaclinicalexaminationofthepersonand1ofwhom is a
specialist neurologist or neurosurgeon or has suchother qualifications as are prescribed for
the purposes of thissection, and neither of whom
is—(a)the medical practitioner who is
attending a person whois to be the recipient of tissue from
the body of the firstmentioned person; or(b)thedesignatedofficerwhogivesanauthorityforthepurposes of this Act; or(c)a medical practitioner who is
proposing to remove tissuefrom the body of a deceased
person.(3)Amedicalpractitionershallnotgiveacertificateinaccordance with subsection (2) unless the
medical practitionerhas carried out a clinical examination
of the person who hasdied.Maximum
penalty—10 penalty units.(4)Apersonwhoisofadescriptionreferredtoinsubsection
(2)(a),(b)or(c)shallnotissueacertificatereferred to in
that subsection.Maximum penalty—10 penalty units.(5)In this section—specialistneurologistmeansapersonregisteredundertheHealth Practitioner Regulation
National Law to practise in themedical
profession as a specialist registrant in the specialty ofneurology, other than as a student.specialistneurosurgeonpersonregisteredundertheHealthPractitionerRegulationNationalLawtopractiseinthemedical
profession as a specialist registrant in the specialty ofneurosurgery, other than as a
student.Current as at [Not applicable]Page
45
Transplantation and Anatomy Act 1979Part 9
Miscellaneous[s 46]Part 9MiscellaneousNotauthorised—indicativeonly46Exclusion of
liability of persons acting in pursuance ofconsent
etc.(1)Subject to this Act, a person is not
liable in any proceedingswhether civil or criminal—(a)for any act done under authority
conferred or purportingtohavebeenconferredbyanyconsentoragreementgiven for the
purposes of this Act or by or under thisAct,ordoneinconnectionwithexercisingsuchauthority; or(b)for
any omission to do an act that might have been doneunder or in connection with an authority
referred to inparagraph (a);where the person
has done the act or made the omission ingood faith, save
where negligence or breach of duty imposedby law on the
person’s part is established in connection withdoing the act or
making the omission.(2)Withoutlimitingthegeneralityoftheexpressioningoodfaith, a
person shall be regarded as having done an act referredtoinsubsection
(1)ingoodfaithifthepersonestablishesthat—(a)thepersonhadanhonestandreasonablebeliefthataconsentoranagreementorauthorityrequiredbythisAct for the
doing of the act had been given; or(b)the
person had no reason to doubt that a consent or anagreement or authority purporting to have
been given inaccordance with this Act for the doing of
the act was aconsentoranagreementorauthoritygiveninaccordance with this Act.47Act does not prevent specified
removals of tissue etc.NothinginthisAct(otherthansection 46)appliestoorinrelation to—Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
9 Miscellaneous[s 48](a)the
removal of tissue from the body of a living person—(i)inthecourseofaprocedureoroperationcarriedout,forthebenefitoftheperson,byamedicalpractitionerwiththeconsent, expressorimplied,given by or on
behalf of the person; or(ii)in circumstances
such that the removal of the tissueis necessary for
the preservation of the life of theperson;
or(b)the use or disposal of tissue so
removed; or(c)the embalming of the body of a
deceased person; or(d)thepreparation,includingtherestorationofanydisfigurement or mutilation, of the
body of a deceasedperson for the purpose of interment or
cremation.48Offences in relation to removal of
tissue(1)A person shall not—(a)removetissue(otherthanblood)fromthebodyofaliving person for use for any of the
purposes referred toin section 10 or 11 except in
pursuance of a consent oran authority that is, under part 2,
division 3, sufficientauthorityforthepersontoremovethetissueorasauthorised under part 2, division 6;
or(b)remove blood from the body of a living
person for anyofthepurposesreferredtoinsection 17exceptinpursuance of a consent that is, under
part 2, division 4,sufficient authority for the removal of the
blood; or(c)remove tissue from the body of a
deceased person foranyofthepurposesreferredtoinsection
22(1)or23(1)—(i)except in pursuance of an authority that is,
underpart 3, sufficient authority for the person
to removethe tissue; and(ii)if
the deceased person is one in relation to whomsection
45(1)(b)isrelevant—exceptwhereaCurrent as at [Not applicable]Page
47
Transplantation and Anatomy Act 1979Part 9
Miscellaneous[s 48]Notauthorised—indicativeonlycertificategiveninrelationtothatpersoninaccordance with section 45(2) is in
existence; or(d)conductapost-mortemexaminationofthebodyofadeceased person except in pursuance of
an authority thatis,underpart4,sufficientauthorityforthepersontoconduct the post-mortem; or(e)—(i)remove the body of a deceased person to a
schoolof anatomy; or(ii)retain or use the body of a deceased person
for anyof the purposes referred to in section
31(1);except in pursuance of an authority that is,
under part 5,sufficient authority for the removal,
retention or use ofthe body; or(f)carryoutananatomicalexaminationofthebodyofadeceased person otherwise than at a
school of anatomy.Maximumpenalty—100penaltyunitsor1year’simprisonment.(2)A
person who—(a)gives an authority under this Act
without having madethe inquiries that the person is required by
this Act tomake; or(b)makesafalsestatementinacertificategivenforthepurposes of this
Act; or(c)contravenes or fails to comply with a
provision of part 2,division 5;is guilty of an
offence against this Act.Maximumpenalty—100penaltyunitsor1year’simprisonment.(3)Nothing in subsection (1) or (2) applies to
or in relation to—(a)anythingdoneinpursuanceofanorderbyacoronerunder theCoroners Act 1958or theCoroners Act 2003;orPage 48Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
9 Miscellaneous[s 48A](b)any
other act authorised by law.48AOffence to give false or misleading
information(1)A person shall not, in connection with
a proposal to removetissuefromanybodyforthepurposeoftransplantationortransfusionorforuseforothertherapeutic,medicalorscientificpurposes,knowinglyfurnishinformationthatisfalse or misleading concerning the
suitability of the body forremoval of the
tissue for the purpose in question.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(2)It
is immaterial for the purposes of subsection (1) whether thebody
from which tissue is to be removed is that of a livingperson or a deceased person.49Disclosure of information(1)Subject to this section, a person to
whom this section appliesshall not disclose or give to any
other person any informationor document
whereby the identity of a person or a deceasedperson—(a)fromwhosebodytissuehasbeenremovedforthepurposeoftransplantationorforuseforothertherapeuticpurposesorforothermedicalorscientificpurposes;
or(b)with respect to whom or with respect
to whose body aconsent or an authority has been given under
this Act; or(c)into whose body tissue has been, is
being, or may be,transplanted;may become
publicly known.Maximum penalty—10 penalty units.(2)This section applies—Current as at [Not applicable]Page
49
Transplantation and Anatomy Act 1979Part 9
Miscellaneous[s 49]Notauthorised—indicativeonly(a)where a consent
has been given in accordance with thisAct—to the
designated officer who gave a certificate inrelation to the
consent; and(b)where an authority has been given in
accordance withthis Act by a designated officer for a
hospital—to thedesignated officer; and(c)wheretissuehasbeenremovedfromthebodyofapersonoradeceasedperson—tothepersonwhoremoved the tissue and, if the tissue was
removed at ahospital, each person who was employed at
the hospitalat the time of the removal of the tissue or
has since beenemployed at the hospital; and(d)wheretissuehasbeentransplantedintothebodyofaperson—to the medical practitioner who
performed thetransplantationand,ifthetissuewastransplantedatahospital, each person who was employed
at the hospitalatthetimeofthetransplantationorhassincebeenemployed at the hospital; and(e)where it is proposed that tissue will
be transplanted intothe body of a person—to the medical
practitioner who isto perform the transplantation and, if the
tissue is to betransplanted at a hospital, each person who
is employedat the hospital or who becomes so
employed.(3)Subsection (1) does not apply to or in
relation to informationdisclosed—(a)in
pursuance of an order of a court or when otherwiserequired by law; or(b)for
the purposes of hospital administration or bona fidemedical research; or(c)with
the consent of the person to whom the informationrelates; or(d)forthepurposeofinvestigatingwhetheranoffencedefined in
section 48A has been committed; or(e)when
the circumstances in which the disclosure is madeare
such that the disclosure is or would be privileged.Page
50Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
9 Miscellaneous[s 49A]49AReprisal and grounds for reprisals(1)Apersonmustnotcause,orattemptorconspiretocause,detriment to
another person in retaliation because, or in thebelief that—(a)anybodyhasprovidedinformationaboutanallegedoffence against
this Act to a person for the purpose ofhaving the
alleged offence investigated or prosecuted; or(b)anybody has given, or may give, evidence to
a court inproceedings for an offence against this
Act.(2)An attempt to cause detriment includes
an attempt to induce aperson to cause detriment.(3)A contravention of subsection (1) is a
reprisal or the taking ofa reprisal.(4)Agroundmentionedinsubsection (1)asthegroundforareprisal is the unlawful ground for
the reprisal.(5)For the contravention to happen, it is
sufficient if the unlawfulground is a substantial ground for the
act or omission that isthereprisal,evenifthereisanothergroundfortheactoromission.49BOffence for taking reprisalA
person who takes a reprisal commits an offence.Maximumpenalty—167penaltyunitsor2yearsimprisonment.49CDamages entitlement for reprisal(1)A reprisal is a tort and a person who
takes a reprisal is liable indamages to any
person who suffers detriment as a result.(2)Any
appropriate remedy that may be granted by a court for atort
may be granted by a court for the taking of a reprisal.(3)If the claim for damages goes to trial
in the Supreme Court ortheDistrictCourt,itmustbedecidedbyajudgesittingwithout a jury.Current as at
[Not applicable]Page 51
Transplantation and Anatomy Act 1979Part 9
Miscellaneous[s 50]50Proceedings for offencesProceedings in
respect of an offence against this Act may becommencedwithin12monthsafterthecommissionoftheoffenceorwithin6monthsafterthecommissionoftheoffencecomestotheknowledgeofthecomplainantwhichever period
is the later to expire.Notauthorised—indicativeonly51Offence provisions of the Criminal
Code not affectedThe provisions of this Act relating to
offences are in additionto and not in substitution for or
derogation of the provisions ofthe Criminal
Code or any other Act.51ADelegation by
Minister(1)The Minister may delegate the
Minister’s functions under thisAct to an
appropriately qualified public service employee orhealth service employee.(2)In
this section—functionsincludes
powers.health service employeesee theHospital and Health BoardsAct
2011, schedule 2.52Regulations(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)Aregulationmaybemadefororaboutthefollowingmatters—(a)theconditionsunderwhichtransplantationsoftissuefrom living
persons may be carried out;(b)the
precautions to be taken for the removal or storage oftissue removed from living persons;(c)theregulationofpremiseswheretransplantationsoftissue from living persons may be carried
out;Page 52Current as at
[Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
10 Transitional provisions[s 53](d)how
bodies are to be transported to a school of anatomy;(e)the conditions under which—(i)the teaching, study and practice of
anatomy; and(ii)anatomical
examinations;are to be carried out;(f)the
giving of returns and other information by the personin
charge of a school of anatomy;(g)theprecautionstobetakenforreceivingandkeepingbodies at a
school of anatomy;(h)the inspection of schools of
anatomy;(i)the regulation of schools of
anatomy;(j)the disposal of bodies or parts of
bodies by schools ofanatomy;(k)prescribingoffencesforcontraventionsoftheregulations and fixing a maximum
penalty of not morethan 20 penalty units for a
contravention.Part 10Transitional
provisionsDivision 1Transitional
provision for HealthLegislation Amendment Act 200153Dealing with certain bodies and tissue
fromcommencement of this section(1)Thissectionappliesif,immediatelybeforethecommencement of this section—(a)an authority mentioned in section 25,
29(1) or 35 of thepre-amended Act was in force in relation to
the body ofapersonwhowasdeceasedatthattimeortissueremoved from the
body; orCurrent as at [Not applicable]Page
53
Notauthorised—indicativeonlyTransplantation and Anatomy Act
1979Part 10 Transitional provisions[s
54](b)an authority mentioned in section
29(2), or an authorityunder section 29(3), of the
pre-amended Act applied totissuethathadbeenremovedfromthebodyofadeceased person.(2)From
the commencement of this section, the body or tissuemay
only be used under this Act to the extent it could lawfullyhavebeenusedunderthepost-amendedActifthepost-amended Act
were in force at the time the authority firsthad
effect.(3)In this section—post-amendedActmeansthisActasinforcefromthecommencement of this section.pre-amendedActmeansthisActasinforcebeforethecommencement of this section.Division 2Transitional
provisions for HealthLegislation Amendment Act 201354Schools of anatomy(1)This
section applies to a school of anatomy established underprevious section 37 and in existence
immediately before thecommencement.(2)Theschoolofanatomyistakentobeestablishedunderamended section 37.(3)In
this section—amended section 37means section 37
as in force immediatelyafter the commencement.commencementmeans the
commencement of this section.previous section
37means section 37 as in force
immediatelybefore the commencement.Page 54Current as at [Not applicable]
Notauthorised—indicativeonlyTransplantation and Anatomy Act 1979Part
10 Transitional provisions[s 55]55Inspectors of schools of anatomy(1)This section applies to an inspector
of a school of anatomyappointed under previous section
38.(2)Theinspectoristakentobeappointedunderamendedsection
38.(3)In this section—amended section
38means section 38 as in force
immediatelyafter the commencement.commencementmeans the
commencement of this section.previous section
38means section 38 as in force
immediatelybefore the commencement.Current as at
[Not applicable]Page 55