Australian Capital Territory Consolidated Acts

BLOOD DONATION (TRANSMITTABLE DISEASES) ACT 1985 - NOTES

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     doctor

              •     person

              •     prescribed.

"approved", in relation to an instrument or method, means approved by the chief health officer in writing for this Act.

"donor" means a person who gives blood at premises or a vehicle of the society.

"prescribed action" means an action brought by or on behalf of—

        (a)     a person who claims to have contracted a transmittable disease—

              (i)     because of having been administered blood supplied from the society or a blood product derived from blood supplied by the society; or

              (ii)     because of having been involved in the taking, testing, handling, producing, supplying or administering to a patient of blood supplied by the society or a blood product derived from blood supplied by the society; or

              (iii)     from a person who contracted that disease in a circumstance specified in subparagraph (i) or (ii); or

        (b)     a dependant of a person who dies as a result of having contracted a transmittable disease in a circumstance specified in paragraph (a);

other than an action brought under the Safety, Rehabilitation and Compensation Act 1988 (Cwlth) or the Workers Compensation Act 1951.

"society" means the society incorporated by royal charter under the name of the Australian Red Cross Society.

"transmittable disease" means any of the following diseases:

        (a)     the disease known as acquired immune deficiency syndrome in any of its forms or stages;

        (b)     hepatitis B;

        (c)     hepatitis C;

        (d)     any disease resulting from infection by the human T cell lymphoma virus 1 or 2;

        (e)     syphilis;

        (f)     any other prescribed disease.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
cl = clause	pres = present
def = definition	prev = previous
dict = dictionary	(prev...) = previously
disallowed = disallowed by the Legislative	pt = part
Assembly	r = rule/subrule
div = division	reg = regulation/subregulation
exp = expires/expired	renum = renumbered
Gaz = Gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Blood Donation (Acquired Immune Deficiency Syndrome s) Ordinance 1985 No 27 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

It was renamed by the Blood Donation (Transmittable Diseases) (Amendment) Act 1996 No 78 (see s 5).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Legislation before becoming Territory enactment

Blood Donation (Transmittable Diseases) Act 1985 No 27

notified 1 July 1985

commenced 1 July 1985

as amended by

Blood Donation (Acquired Immune Deficiency Syndrome) (Amendment) Ordinance 1985 No 55

notified 18 October 1985

commenced 18 October 1985

Blood Donation (Acquired Immune Deficiency Syndrome) (Amendment) Ordinance 1986 No 47

notified 22 August 1986

commenced 22 August 1986

Blood Donation (Acquired Immune Deficiency Syndrome) (Amendment) Ordinance (No 2) 1986 No 90

notified 22 December 1986

commenced 22 December 1986

Community and Health Service (Consequential Provisions) Ordinance 1988 No 29 sch

notified 30 June 1988

commenced 2 July 1988 (s 2)

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S164)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Health Services (Consequential Provisions) Act 1990 No 63 sch 1

notified 28 December 1990 (Gaz 1990 No S102)

s 1, s 2 commenced 28 December 1990 (s 2 (1))

sch 1 commenced 31 January 1991 (s 2 (2) and see Gaz 1991 No S4)

Workers' Compensation (Consequential Amendments) Act 1991 No 106 sch

notified 15 January 1992 (Gaz 1992 No S3)

s 1, s 2 commenced 15 January 1992 (s 2 (1))

sch commenced 22 January 1992 (s 2 (2) and see Gaz 1992 No S9)

Health (Consequential Provisions) Act 1993 No 14 sch 1

notified 1 March 1993 (Gaz 1993 No S23)

commenced 1 March 1993 (s 2 and see Gaz 1993 No S23)

Blood Donation (Transmittable Diseases) (Amendment) Act 1996 No 78

notified 20 December 1996 (Gaz 1996 No S328)

commenced 20 December 1996 (s 2)

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Legislation (Consequential Amendments) Act 2001 No 44 pt 37

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 37 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.9

notified LR 26 March 2004

s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 2 pt 2.9 commenced 9 April 2004 (s 2 (1))

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.11

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.11 commenced 12 April 2007 (s 2 (1))

4     Amendment history

Title
title     am 1996 No 78 s 4

Name of Act
s 1     am 1996 No 78 s 5

Dictionary
s 2     defs reloc to dict A2007-3 amdt 3.47
    sub A2007-3 amdt 3.48
    def authority om 1988 No 29 sch
    def board ins 1990 No 63 sch 1
    om 1993 No 14 sch 1
    def chairman om 1988 No 29 sch
    def prescribed disease om 1996 No 78 s 6
    def service ins 1988 No 29 sch
    om 1990 No 63 sch 1

Notes
s 2A     ins A2007-3 amdt 3.48

Liability of Red Cross Society
s 3     am 1986 No 47 s 4; 1996 No 78 s 7

Liability of hospitals and doctors
s 4 hdg     sub A2007-3 amdt 3.49
s 4     am 1986 No 47 s 5; 1996 No 78 s 8; A2007-3 amdt 3.50

Requirements to be complied with
s 5     am 1985 No 55 s 3; 1986 No 47 s 6; 1989 No 38 sch 1; 1996 No 78 s 9; 2001 No 44 amdt 1.367-1.369
    am A2004-15 amdt 2.22

Liability if requirements not complied with
s 6     am 1996 No 78 s 10; A2007-3 amdt 3.50

False statements
s 7     am 1998 No 54 sch
    om A2004-15 amdt 2.23

Liability of donor
s 8     am 1996 No 78 s 11; A2004-15 amdt 2.24

Approved forms
s 10     ins 1986 No 47 s 7
    om 1986 No 90 s 2
    ins 1996 No 78 s 12
    sub 2001 No 44 amdt 1.370
    am A2007-3 amdt 3.51

Regulation-making power
s 11     ins 2001 No 44 amdt 1.370

Schedule
sch     om 1985 No 55 s 4

Dictionary
dict     ins A2007-3 amdt 3.52
    def approved sub 1988 No 29 sch
    am 1990 No 63 sch 1; 1993 No 14 sch 1
    sub 1996 No 78 s 6
    reloc from s 2 A2007-3 amdt 3.47
    def donor reloc from s 2 A2007-3 amdt 3.47
    def prescribed action am 1986 No 47 s 3; 1991 No 106 sch; 1996 No 78 s 6
    reloc from s 2 A2007-3 amdt 3.47
    def society reloc from s 2 A2007-3 amdt 3.47
    def transmittable disease ins 1996 No 78 s 6
    reloc from s 2 A2007-3 amdt 3.47

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1996 No 78	31 January 1998
2	A2001-44	19 April 2002
3	A2004-15	9 April 2004

© Australian Capital Territory 2007

Australian Capital Territory

A1985-27

Republication No 4

Effective: 12 April 2007

Republication date: 12 April 2007

Last amendment made by A2007-3






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Blood Donation (Transmittable Diseases) Act 1985 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 April 2007. It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Blood Donation (Transmittable Diseases) Act 1985

Endnotes

Australian Capital Territory

Blood Donation (Transmittable Diseases) Act 1985