Australian Capital Territory Consolidated Acts

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TRANSPLANTATION AND ANATOMY ACT 1978 - SECT 48

Offences

    (1)     A person shall not remove tissue from the body of a person, whether living or dead, except in accordance with a consent or authority that is, under this Act, sufficient authority for the removal of the tissue by that person.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person shall not conduct a post-mortem examination of the body of a deceased person except in accordance with an authority that is, under this Act, sufficient authority for that person to conduct the post-mortem examination.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     A person shall not—

        (a)     remove the body of a deceased person to a school of anatomy; or

        (b)     use the body of a deceased person for a purpose specified in section 37 (1);

except in accordance with an authority that is, under this Act, sufficient authority for such removal or use of the body for that purpose.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (4)     A person who—

        (a)     gives an authority under this Act without having made the inquiries that he or she is required by this Act to make; or

        (b)     contravenes a provision of division 2.6;

commits an offence.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (5)     Nothing in subsection (1) or (2) applies to or in relation to—

        (a)     anything done under an order by the coroner under the Coroners Act 1997 ; or

        (b)     any other act authorised by law.



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