Unauthorised contracts and arrangements
22E Unauthorised contracts and arrangements
A person commits an offence if:
the person:
(i) enters, or agrees or offers to enter, into a contract or arrangement; or
(ii) holds himself or herself out as being willing to enter into a contract or arrangement; or
(iii) inquires whether someone is willing to enter into a contract or arrangement; and
(b) under the contract or arrangement, the person agrees, for valuable consideration (whether given or to be given to the person or anyone else), for the supply of tissue from the person's body or another person's body (whether before or after the death of the person or other person).
Fault element: The person intentionally engages in conduct mentioned in subsection (1)(a).
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) However, subsection (1) does not apply if the contract or arrangement:
(a) is entered into in accordance with an authorisation under section 22F; or
(b) provides only for the reimbursement of expenses necessarily incurred by the person for the removal of tissue under this Act.
(3) Also, subsection (1) does not apply in relation to the supply of tissue if:
(a) the tissue is obtained under a contract or arrangement authorised under section 22F; and
the tissue has been subjected to processing or treatment; and
(c) the tissue is supplied for use, in accordance with the directions of a medical practitioner, for therapeutic or scientific purposes.
(4) A contract or arrangement mentioned subsection (1)(b) is void unless it is entered into in accordance with an authorisation under section 22F.
In this section:
supply includes sale.
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