New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 20D

20D Certificates by donors

(1) In this section:
"certificate" means a certificate relating to the medical suitability of the donor, being a certificate in a form prescribed by the regulations.

(2) A person must not:

(a) remove or use a donor’s blood for a purpose referred to in section 20C (a), or

(b) obtain, receive or use a donor’s semen for a purpose referred to in section 20C (c),

unless the donor has signed a certificate and had the signature witnessed by a person (or a person belonging to a class of persons) (the "prescribed witness") prescribed by the regulations.

Maximum penalty: 100 penalty units.

(3) A requirement in this section that a donor sign a certificate is satisfied if:

(a) in the case of a donor who is illiterate but not physically incapable of signing-the donor makes his or her mark on the certificate and the prescribed witness certifies on the certificate that, before the mark was made, the nature and effect of the certificate were explained to the donor, or

(b) in the case of a donor who is physically incapable of signing-a person authorised to do so by the donor signs the certificate, or

(c) in the case of a donor who is a child under the age of 16 years-the child’s parent or guardian signs the certificate.

(4) This section does not apply in respect of semen obtained or received from a donor solely for the purpose of its use for the artificial insemination of the donor’s spouse.