Victorian Consolidated Legislation

Human Tissue Act 1982 - SECT 44

Offences

44. Offences



(1) A person shall not remove tissue from the body of a person whether living
or dead except in accordance with a consent or authority that is, under this
Act, sufficient authority for the removal of the tissue by that person.

Penalty: 100 penalty units or imprisonment for six months, or both.

(2) A person shall not conduct a post-mortem examination of the body of a
deceased person except in accordance with an authority that is, under this
Act, sufficient authority for the person to conduct the post-mortem
examination.

Penalty: 100 penalty units or imprisonment for six months, or both.

(3) A person shall not-

   (a)  remove the body of a deceased person to a school of anatomy; or

   (b)  use the body of a deceased person for a purpose specified in section
        32(1)-

except in accordance with an authority that is, under Part VI, sufficient
authority for such removal or use of the body for that purpose. Penalty: 100
penalty units or imprisonment for six months, or both.

(4) A person shall not-

   (a)  give an authority under this Act without having made the inquiries
        that he is required by this Act to make or having been satisfied that
        those inquiries have been made;





   (b)  remove tissue from, or carry out a post-mortem examination of, the
        body of a deceased person without having made the inquiries that he is
        required by this Act to make or having been satisfied that those
        inquiries have been made;

   (c)  make a false statement in a certificate given for the purposes of this
        Act; or

   (d)  contravene or fail to comply with a provision of Division 4 of
        Part II.

Penalty: 100 penalty units or imprisonment for six months, or both.

(5) Nothing in subsection (1) or (2) applies to or in relation to-

   (a)  anything done in pursuance of an order by a coroner under the
        Coroners Act 1985; or



   (b)  any other act authorized by law.