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

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      (Repealed)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      (Repealed)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      (Repealed)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