Northern Territory Consolidated Acts Northern Territory Consolidated Acts26A. Interpretation
(1) In this Part -
"approved" means approved by the Chief Health Officer;
"donor" means a blood donor;
"Society" means the society incorporated by Royal Charter under the name of the Australian Red Cross Society;
"specified action" means an action at law brought by or on behalf of -
(a) a person who claims to have contracted a transmittable disease -
(i) by reason of having been administered blood supplied by the Society or a blood product derived from blood supplied by the Society;
(ii) by reason 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 a transmittable disease in a circumstance specified in sub-paragraph (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);
"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) hepatitis G;
(g) New Variant Creutzfeldt Jakob Disease;
(h) a prescribed disease.
(2) For the purposes of sections 26B and 26C, the specified requirements in relation to taking blood from a donor are that -
(a) before taking the blood, the Society obtains from the donor a declaration in the form approved under subsection (3); and
(b) before supplying the blood to be administered to a person or to be used in the preparation of blood products to be administered to a person, a sample of the blood is tested, using approved equipment and in accordance with an approved method, for the presence of any pathogen capable of causing the relevant transmittable disease and the Society ascertains that the result of the test is negative.
(3) The Minister may, by notice in the Gazette , approve the form of a declaration for the purposes of subsection (2).