Transplantation and Anatomy Act 1978

If—

a person has died within the meaning of section 45; and

at the time when he or she died or at any time afterwards his or her respiration and the circulation of his or her blood were being maintained by artificial means;

a designated officer for a hospital shall not give an authority under this part in relation to that deceased person unless 2 doctors, each of whom has been for not less than 5 years a doctor and 1 of whom is a specialist neurologist or neurosurgeon or has the other qualifications that are prescribed, have each certified in writing—

that he or she carried out appropriate tests on or in relation to the person while the respiration and the circulation of the blood of that person were being maintained by artificial means; and

that, in his or her opinion, at the time of the tests, irreversible cessation of all function of the brain of the person had already occurred.

Maximum penalty: 50 penalty units.

For subsection (1), any period during which a person who is a doctor practised as a doctor, however described, under the law in force in a place outside Australia shall be taken into account in calculating the period of 5 years referred to in that subsection.