Australian Capital Territory Consolidated Acts

BLOOD DONATION (TRANSMITTABLE DISEASES) ACT 1985 - SECT 6

    (1)     Section 3 does not apply if, after the society has taken blood to be supplied for the purpose of being administered to a person or used in the preparation of a blood product to be administered to a person, the society has reasonable grounds for believing that—

        (a)     a statement in the declaration made by the donor of the blood may be false; or

        (b)     the blood or blood product may contain any pathogen capable of causing the relevant transmittable disease;

and the society does not take all reasonable steps to ensure that the blood or blood product is not administered to a person.

    (2)     Section 4 does not apply if, at any time up to and including the time when the blood or blood product was administered, the hospital or other body at whose premises the blood or blood product was administered—

        (a)     had been informed that that blood or blood product may contain any pathogen capable of causing the relevant transmittable disease; and

        (b)     did not take all reasonable steps to ensure that the blood or blood product was not administered to a person.

    (3)     Section 4 does not apply in relation to a doctor or person acting on behalf of a doctor if, at the time the blood or blood product was administered, the doctor or other person had been informed that that blood or blood product may contain any pathogen capable of causing the relevant transmittable disease.