Transplantation and Anatomy Act 1978

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

A regulation may prescribe—

offences for contraventions of a regulation; and

maximum penalties of not more than 10 penalty units for offences against a regulation.

Dictionary (see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 chief health officer

 coroner

 doctor

 enrolled nurse

 judge

 nurse

 penalty unit (see s 133)

 person (see s 160)

 Supreme Court.

child means a person who—

has not turned 18 years old; and

is not in a domestic partnership.

Note For the meaning of domestic partnership, see Legislation Act, s 169.

designated officer, in relation to a hospital, means a person appointed under section 5 to be a designated officer for that hospital.

next of kin means—

for a dead child—someone mentioned in the definition of senior available next of kin, paragraph (a) (i), (ii) or (iii); or

for any other dead person—someone mentioned in that definition, paragraph (b) (i), (ii), (iii), (iv) or (v).

non-regenerative tissue means tissue other than regenerative tissue.

parent, for division 2.3 (Donations from children)—see section 12.

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.

school of anatomy, for part 5 (Donations for anatomical purposes)—see section 36.

senior available next of kin means—

for a dead child—

if a parent of the child is available—the parent; or

if a parent of the child is not available—an adult brother or sister of the child who is available; or

if no-one mentioned in subparagraph (i) or (ii) is available—someone who was the child’s guardian immediately before the child’s death and who is available; and

for any other dead person—

if the person was, immediately before his or her death, party to a domestic partnership and the person who was then his or her domestic partner is available—the domestic partner; or

if the person was, immediately before his or her death, party to a domestic partnership but the person who was then his or her domestic partner is not available— an adult son or daughter of the dead person who is available; or

if the person was not, immediately before his or her death, party to a domestic partnership—an adult son or daughter of the dead person who is available; or

if no-one mentioned in subparagraph (i), (ii) or (iii) is available but a parent of the dead person is available—the parent; or

if no-one mentioned in subparagraph (i), (ii), (iii) or (iv) is available— an adult brother or sister of the dead person who is available.

Note For the meaning of domestic partner and domestic partnership, see Legislation Act, s 169.

tissue—

for this Act generally—includes an organ, or part, of a human body or a substance extracted from, or from a part of, the human body; and

for part 2 (Donations of tissue by living persons)—see section 6.

transplantation of tissue—see section 4.