Transplantation and Anatomy Act 1978

Subject to this section, a person shall not enter into a contract or arrangement under which a person agrees, for valuable consideration, whether given or to be given to himself or herself or to another person—

to the sale or supply of tissue from his or her body or from the body of another person, whether before or after his or her death or the death of the other person, as the case may be; or

to the post-mortem examination or anatomical examination of his or her body after his or her death or of the body of another person after the death of the other person.

Maximum penalty: 50 penalty units.

Subsection (1) does not apply to or in relation to the sale or supply of tissue other than blood or any of its constituents if the tissue has been subjected to processing or treatment and the sale or supply is made for use, in accordance with the directions of a doctor, for therapeutic or scientific purposes.

Subsection (1) does not apply to or in relation to a contract or arrangement providing only for the reimbursement of any expenses necessarily incurred by a person in relation to the removal of tissue in accordance with this Act.

If he or she considers it desirable by reason of special circumstances so to do, the Minister may, in writing, approve the entering into of a contract or arrangement that would, apart from the approval, be void under subsection (5) and nothing in subsection (1) or (5) applies to and in relation to a contract or agreement entered into in accordance with an approval under this subsection.

A contract or arrangement entered into in contravention of this section is void.

Part 8 Definition of death