Act does not prevent specified removals of tissue etc.
42 Act does not prevent specified removals of tissue etc.
Nothing in this Act applies to or in relation to—
S. 42(1)(a) amended by No. 23/1994 s. 118(Sch. 1 item 27.19), substituted by No. 59/2006 s. 13(1).
the removal of tissue, whether regenerative or non-regenerative, from the body of a living person—
in the course of medical treatment or dental care or a procedure carried out, in the interests of the health of the person, by a registered medical practitioner or, in the case of dental care, by a registered dentist with the consent, express or implied, given by or on behalf of the person; or
in circumstances necessary for the preservation of the life of the person;
S. 42(1)(ab) inserted by No. 59/2006 s. 13(1).
the removal of blood or other regenerative tissue from the body of a living person in the course of medical treatment or a procedure (including the testing of blood to determine whether the person has, or may have in the future, a disease or medical condition) carried out, in the interests of the health of the person, by a health service provider with the consent, express or implied, given by or on behalf of the person;
the use or disposal of the tissue so removed;
the embalming of the body of a deceased person; or
the preparation, including the restoration of any disfigurement or mutilation, of the body of a deceased person for the purpose of interment or cremation.
S. 42(2) amended by No. 59/2006 s. 13(2).
In paragraph (a), (ab) and (b) of subsection (1) a reference to tissue does not include a reference to foetal tissue, spermatozoa or ova.
S. 42(3) inserted by No. 59/2006 s. 13(3).
In this section—
health service provider has the same meaning as in the Health Records Act 2001 and includes—
a person who is employed or engaged by, or who performs work for, a health service provider in the performance of that service;
a provider that provides a service prescribed as a health service for the purposes of this section;
S. 42(3) def. of registered dentist substituted by Nos 59/2006 s. 13(4), 13/2010 s. 51(Sch. item 31.5).
registered dentist means a person registered under the Health Practitioner Regulation National Law—
to practise in the dental profession as a dentist (other than as a student); and
in the dentists division of that profession.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.