Human Tissue Act 1985

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 to another person, to the sale or supply of tissue from his body or from the body of another person, whether before or after his death or the death of the other person, as the case may be. Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 months, or both.

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 medical practitioner, 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.

Where he considers it desirable by reasons of special circumstances so to do, the Minister may, by instrument in writing, approve the entering into of a contract or arrangement that would, but for the approval, be void by virtue of subsection (5) and nothing in subsection (1) or (5) applies to and in relation to a contract or arrangement entered into in accordance with an approval under this subsection.

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