TRANSPLANTATION AND ANATOMY ACT 1979 - As at 15 November 2023 - Act 74 of 1979

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Act binds all persons
3. (Repealed)
• 4 Interpretation
5. (Repealed)
• 6 Designated officers
7. (Repealed)

PART 2 - DONATIONS OF TISSUE BY LIVING PERSONS

Division 1 - Exclusion of certain tissue

• 8 Interpretation

Division 2 - Donations by adults

• 9 Blood transfusions not subject to this division
• 10 Consent by adult living donor to removal of regenerative tissue
• 11 Consent by adult living donor to removal of non-regenerative tissue for transplantation
• 12 Designated officer to give certificate in relation to consent

Division 2A - Donations by children

• 12A Blood transfusions and donations for approved research not subject to this division
• 12B Consent by parent to removal of regenerative tissue for transplantation
• 12C Certificate of agreement by a child who is capable of understanding
• 12D Certifications where child is not capable of understanding by reason of age
• 12E Designated officer to give certificate

Division 3 - Effect of consents and authorities

• 13 Consents under s 10
• 14 Consent under s 11
• 14A Consent under s 12B
• 15 When consent is not sufficient authority

Division 4 - Blood transfusions

• 16 Interpretation
• 17 Consents by adults to removal of blood
• 18 Consents to removal of blood from children
• 19 Consent to be sufficient authority for removal of blood
• 20 Blood transfusions to children without consent

Division 5 - Revocation of consent or agreement

• 21 Revocation of consent

Division 6 - Donations for approved research

• 21A Definitions for div 6
• 21B Authorised donation by adult
• 21C Authorised donation by child

PART 3 - DONATIONS OF TISSUE AFTER DEATH

• 22 Authority to remove tissue where body of deceased in a hospital
• 23 Authority to remove tissue where body of deceased not in hospital
• 23A Authority to access deceased person’s medical records
• 24 Consent by coroner
• 25 Effect of authority under this part

PART 4 - POST-MORTEM EXAMINATIONS

• 26 Authority for post-mortem where body of deceased in a hospital
• 27 Authority for post-mortem where body of deceased not in hospital
• 28 Consent by coroner
• 29 Effect of authority under this part
• 30 Conditions of performance of post-mortem

PART 5 - DONATIONS FOR ANATOMICAL PURPOSES

• 31 Authority for anatomy where body of deceased in a hospital
• 32 Authority for anatomy where body of deceased not in a hospital
• 33 Provisions applicable where deceased consents to retention of his or her body for anatomy
• 34 Consent by coroner
• 35 Effect of authority under this part
• 36 Conditions of performance of anatomical examination

PART 6 - SCHOOLS OF ANATOMY

• 37 Establishment of schools of anatomy
• 38 Inspectors of schools of anatomy

PART 7 - PROHIBITION OF TRADING IN TISSUE

• 39 Definition for pt 7
• 40 Unauthorised buying of tissue prohibited
• 41 Advertisements relating to buying of tissue restricted
• 42 Unauthorised selling of tissue prohibited
• 42A Person who owns a prescribed tissue bank may charge amount to recover certain costs etc.
• 42AA Trading of tissue for particular purposes
• 42AB Trading of tissue by, with or for exempt entity
• 42AC Donation of human eggs and human sperm by individuals
• 42B Recovery of particular costs by school of anatomy
• 43 Proceedings, how taken
• 44 Evidentiary provision
• 44A Relationship of pt 7 with Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003, s 17

PART 8 - DEFINITION OF DEATH

• 45 When death occurs

PART 9 - MISCELLANEOUS

• 46 Exclusion of liability of persons acting in pursuance of consent etc.
• 47 Act does not prevent specified removals of tissue etc.
• 48 Offences in relation to removal of tissue
• 48A Offence to give false or misleading information
• 49 Disclosure of information
• 49A Reprisal and grounds for reprisals
• 49B Offence for taking reprisal
• 49C Damages entitlement for reprisal
• 50 Proceedings for offences
• 51 Offence provisions of the Criminal Code not affected
• 51A Delegation by Minister
• 52 Regulations

PART 10 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provision for Health Legislation Amendment Act 2001

• 53 Dealing with certain bodies and tissue from commencement of this section

Division 2 - Transitional provisions for Health Legislation Amendment Act 2013

• 54 Schools of anatomy
• 55 Inspectors of schools of anatomy