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s 16A

Obligations of persons informed about revocation

In force
Part 2Donation of tissue by living persons
Division 5Revocation of consent

16A Obligations of persons informed about revocation

(1) The medical practitioner or nurse to whom the revocation of the consent is indicated under section 16(a)(ii) or (iii) must immediately inform the designated officer for the hospital that the consent has been revoked.

(2)

Subsection (3) applies to:

(a)

the designated officer for the hospital:

(i) to whom the revocation of the consent is indicated under section 16(a)(i); or

(ii) who is informed about the revocation of the consent under subsection (1); or

(b) the medical practitioner to whom the revocation of the consent is indicated under section 16(b).

(3) The medical practitioner or designated officer (the responsible person) must make the inquiries that are reasonable in the circumstances to find out whether a medical practitioner is proposing to rely on the consent for the removal of tissue from the donor's body.

(4) If the responsible person finds out a medical practitioner is proposing to so rely on the consent, the responsible person must immediately inform the medical practitioner that the consent has been revoked.

Maximum penalty: 100 penalty units.

(5) An offence against subsection (4) is an offence of strict liability.

(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse.

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