(iii) any other body declared by the
regulations to be an exempt supplier for the purposes of this Act, or
(a1) in
relation to the supply of blood products that are therapeutic goods within the
meaning of the Therapeutic Goods Act 1989 of the Commonwealth and that are
registered goods within the meaning of that Act--a body that supplies those
goods, or
(a2) in relation to the supply of blood products that are
therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the
Commonwealth and that are exempt goods for the purposes of Part 3-2 of that
Act--a body that supplies those goods in compliance with the conditions (if
any) of the relevant exemption.
(i) in the case of a
public hospital that is controlled by a public health organisation within the
meaning of the Health Services Act 1997 --the public health organisation, or
(ii) in the case of a public hospital within the meaning of the
Health Services Act 1997that is controlled by the Crown (including the
Minister or the Health Administration Corporation)--the Crown, or
(iii) in
the case of a private health facility within the meaning of the
Private Health Facilities Act 2007 --the licensee of the facility, or
(i) in the case of a forensic institution
that is controlled by a public health organisation within the meaning of the
Health Services Act 1997 --the public health organisation, or
(ii) in the
case of an accredited pathology laboratory under the Health Insurance Act
1973 of the Commonwealth--the person in charge of the laboratory (however
designated), or
"inspector" means a person appointed as an inspector under Part 7A.
"medical, dental or surgical treatment" means any medical, dental or surgical
treatment carried out by, or under the supervision of, a medical practitioner
or dentist with respect to a living person in the interests of the health of
the person.
"next of kin" means--
(aa) in relation to a child who is living--a person
referred to in paragraph (aa) of the definition of
"senior available next of kin" , and
(a) in relation to a deceased child--a
person referred to in paragraph (a) of the definition of
"senior available next of kin" , and
(b) in relation to any other deceased
person--a person referred to in paragraph (b) of that definition.
"premises" includes any means of vehicular transport.
"prescribed contaminant" means an organism or substance declared by the
regulations to be a prescribed contaminant for the purposes of this Act.
"record" includes book, account, deed, writing, document and any other source
of information compiled, recorded or stored in written form, or on micro-film,
or by electronic process, or in any other manner or by any other means.
"regenerative tissue" means tissue that, after injury or removal, is replaced
in the body of a living person by natural processes of growth or repair.
"regulation" means a regulation made under this Act.
(ii) where a
parent of the child is not available--a brother or sister of the child, being
a brother or sister who has attained the age of 18 years, or
(iii) where no
person referred to in subparagraph (i) or (ii) is available--a person who was
a guardian of the child immediately before the death of the child, and
(b) in
relation to any other deceased person--
(i) a person who was a spouse of the
deceased person immediately before the deceased person's death,
(ii) where
the deceased person, immediately before death, had no spouse or where the
deceased person had a spouse but the person who was then the deceased person's
spouse is not available--a son or daughter (if any) of the deceased person,
being a son or daughter who has attained the age of 18 years,
(iii) where no
person referred to in subparagraph (i) or (ii) is available--a parent of the
deceased person, or
(iv) where no person referred to in subparagraph (i),
(ii) or (iii) is available--a brother or sister of the deceased person, being
a brother or sister who has attained the age of 18 years.
"spouse" means--
(a) the person to whom a person is legally married (including
the husband or wife of a person), or
(3) In this Act, a reference to the transplantation of tissue
includes a reference to--
(a) the transplantation of any part of the tissue,
and
(b) the transplantation of any substance obtained from the tissue,
and,
without limiting the generality of the foregoing, includes a reference to the
transfusion of blood.
(4) In this Act, a reference to the removal of blood
(however expressed) for any specified purpose includes a reference to the
removal of blood so that a product to be derived or extracted from that blood
may be used for that purpose.
(5) In this Act, a reference to tissue removed
from the body of a living person in the course of medical, dental or surgical
treatment includes--
(a) tissue expelled from the body of the person in the
course of the treatment, and
(b) all tissue removed or expelled from the body
of the person in the course of the treatment, even if the person dies during
the course of the treatment.
(6) In this Act, a reference to medical or
scientific purposes includes educational purposes connected with medicine or
science.
(7) For the purposes of this Act, a child is
"in the care of the State" if--
