New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 39

39 Regulations

(1) The Governor may make regulations not inconsistent with this Act for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(1A) In particular, the regulations may make provision for or with respect to the following:

(a) the making and keeping of records in connection with the removal of tissue from the body of a person (whether living or deceased), including the removal of tissue in the course of medical, dental or surgical treatment, and the retention or use of the tissue for any purposes,

(b) the making and keeping of records in connection with the use of any deceased person’s body for any therapeutic, medical or scientific purposes under an authority under this Act,

(c) the information to be provided to the Director-General of the Department of Health, or to any other specified person concerned in the administration of this Act, about any removal, retention or use of tissue from the body of a person, or any use of a deceased person’s body for any therapeutic, medical or scientific purposes under an authority under this Act,

(d) the standards to be complied with in connection with anything authorised by this Act, including by requiring those standards to be complied with as a condition of an authority conferred by or under this Act,

(e) the safety of blood and blood products, including testing for prescribed contaminants.

(2) A regulation may impose a penalty not exceeding 5 penalty units for any breach thereof.

(3) A provision of a regulation may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.

(4) The regulations may apply, adopt or incorporate, wholly or in part and with or without modification, any guidelines or other document (such as a code of practice), as in force at a particular time or as in force from time to time, prescribed or published by the National Health and Medical Research Council or by any other person or body.