{"id":"transplantation-and-anatomy-act-1979","name":"Transplantation and Anatomy Act 1979","slug":"transplantation-and-anatomy-act-1979","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30598,"registerId":"nt-transplantation-and-anatomy-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Transplantation and Anatomy Act 1979","content":"NORTHERN TERRITORY OF AUSTRALIA\nTRANSPLANTATION AND ANATOMY ACT 1979\nAs in force at 1 July 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Repeal ............................................................................................. 1\n4 Definitions ........................................................................................ 1\n4A Authorisation of retention of tissue .................................................. 3\n5 Application of Criminal Code ........................................................... 4\nPart 2 Donation of tissue by living persons\nDivision 1 Exclusion of certain tissue\n6 Meaning of tissue in Part 2 .............................................................. 4\nDivision 2 Donations by adults\n7 Blood transfusions excluded ............................................................ 4\n8 Consent by adult living donor to removal of tissue .......................... 4\n10 Certificate of medical practitioner .................................................... 5\nDivision 3 Effect of consent\n11 When consent authorises removal of tissue .................................... 5\n13 When consent does not authorise removal of tissue ....................... 6\nDivision 4 Donations of blood\n14 Consent to removal of blood ............................................................ 6\n15 Effect of consent to removal of blood .............................................. 7\nDivision 5 Revocation of consent\n16 How consent is revoked .................................................................. 7\n16A Obligations of persons informed about revocation........................... 7\n17 Revoked consent and certificate to be given to donor ..................... 8\nPart 3 Donation of tissue after death\n18 Authorisation by designated officer for hospital ............................... 9\n19 Authorisation by senior available next of kin before death ............. 10\n19A Authorisation by senior available next of kin after death ................ 10\n\nTransplantation and Anatomy Act 1979 ii\n19B Authorisation by deceased ............................................................ 11\n20 Consent by coroner ....................................................................... 11\n21 When medical certificates are required ......................................... 12\n22 Effect of authorisation under this Part ............................................ 13\nPart 4 Teaching, study and practice of anatomy\n22A Offences relating to teaching, study and practice of anatomy ....... 13\n22B Anatomy authorisation ................................................................... 14\n22C Contravention of condition of anatomy authorisation ..................... 14\n22D Codes of practice........................................................................... 14\nPart 5 Prohibition of trading in tissue\n22E Unauthorised contracts and arrangements .................................... 15\n22F Authorisation to enter into contract or arrangement....................... 16\nPart 6 When death occurs for Territory laws\n23 When death occurs........................................................................ 17\nPart 7 Miscellaneous matters\n25 Exclusion of liability ....................................................................... 17\n26 Act does not prevent specified removals of tissue etc. .................. 17\n27 Offence to remove tissue without consent or authorisation ........... 18\n27A Offence to make misleading statement ......................................... 18\n28 Unlawful disclosure of confidential information .............................. 19\n29 Delegation by designated officer for hospital ................................. 20\n30 Regulations.................................................................................... 20\nPart 8 Transitional matters for Human Tissue\nTransplant Amendment Act 2010\n31 Definitions ...................................................................................... 21\n32 References to consents and documents given under Act .............. 21\n33 Consent to removal of tissue ......................................................... 21\n34 Approval of place for blood donation ............................................. 21\n35 Revocation of consent to removal of tissue ................................... 21\n36 Authorisation to remove tissue after death .................................... 21\n37 Medical certificate as to irreversible cessation of brain function .... 22\n38 Authorised contract or arrangement for supply of tissue ............... 22\n39 Interpretation Act 1978 not affected............................................... 22\nPart 9 Transitional matters for Health Legislation\nAmendment Act 2021\n40 Codes of practice........................................................................... 22\n\nTransplantation and Anatomy Act 1979 iii\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2024\n____________________\nTRANSPLANTATION AND ANATOMY ACT 1979\nAn Act to provide for the removal and use of human tissues, the\nregulation of schools of anatomy, when death occurs for the laws of the\nTerritory, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Transplantation and Anatomy\nAct 1979.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Repeal\n(1) The Trading in Blood (Prohibition) Act 1974 (No. 29 of 1974) is\nrepealed.\n(2) The Anatomy Act (No. 317 of 1884) of the State of South Australia\nceases to apply in the Territory as a law of the Territory.\n4 Definitions\nIn this Act:\nanatomy authorisation means an authorisation under section 22B.\nauthorised purpose means:\n(a) for regenerative tissue – the removal of the tissue from a\nperson's body for any of the following:\n(i) transplantation to another person's body;\n(ii) use for other therapeutic purposes;\n(iii) use for other medical or scientific purposes; or\n\nPart 1 Preliminary matters\nTransplantation and Anatomy Act 1979 2\n(b) for non-regenerative tissue:\n(i) the removal of the tissue from a person's body for\ntransplantation to another person's body; or\n(ii) the removal of the tissue from a deceased person's body\nfor scientific purposes.\nauthorised school of anatomy means a school of anatomy of an\neducational institution for which an anatomy authorisation is in\nforce.\nchild means a person who has not attained the age of 18 years\nand is not married.\ncode of practice means a code of practice in force under\nsection 22D.\ncoroner has the same meaning as in the Coroners Act 1993.\ndesignated officer, for a hospital, means the person appointed\nunder section 7(2)(a) of the Medical Services Act 1982 to be the\nperson in charge of the hospital.\ndonor, for Part 2, Division 5, see section 16.\neducational institution means a higher education institution, or\ninterstate university, as defined in section 4 of the Higher Education\nAct 2004.\nholder, of an anatomy authorisation, means the governing body of\nthe educational institution to which the authorisation applies.\nnext of kin means:\n(a) in relation to a child – a person referred to in paragraph (a)(i),\n(ii) or (iii) of the definition of senior available next of kin; and\n(b) in relation to any other person – a person referred to in\nparagraph (b)(i), (ii), (iii) or (iv) of that definition.\nnon-regenerative tissue means tissue other than regenerative\ntissue.\nregenerative tissue means tissue that, after injury or removal, is\nreplaced in the body of a living person by natural processes of\ngrowth or repair.\n\nPart 1 Preliminary matters\nTransplantation and Anatomy Act 1979 3\nsenior available next of kin means:\n(a) in relation to a child, the first in order of priority of the following\npersons who is available at the time:\n(i) a parent of the child;\n(ii) a brother or sister, who has attained the age of 18 years,\nof the child;\n(iii) a guardian of the child; and\n(b) in relation to any other person, the first in order of priority of\nthe following persons who is available at the time:\n(i) a spouse or de facto partner of the person;\n(ii) a son or daughter, who has attained the age of 18 years,\nof the person;\n(iii) a parent of the person;\n(iv) a brother or sister, who has attained the age of 18 years,\nof the person.\ntissue:\n(a) generally – includes:\n(i) an organ; and\n(ii) a part of a human body; and\n(iii) a substance extracted from, or from a part of, a human\nbody; but\n(b) for Part 2 – see section 6.\ntransplantation, of tissue, includes transplantation of:\n(a) a part of the tissue; and\n(b) a substance obtained from the tissue.\n4A Authorisation of retention of tissue\nAn authorisation under this Act to remove or use tissue for an\nauthorised purpose also authorises the retention of the tissue to the\nextent the retention is reasonably necessary for the purpose.\n\nPart 2 Donation of tissue by living persons\nDivision 2 Donations by adults\nTransplantation and Anatomy Act 1979 4\n5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Donation of tissue by living persons\nDivision 1 Exclusion of certain tissue\n6 Meaning of tissue in Part 2\nIn this Part:\ntissue does not include:\n(a) foetal tissue; or\n(b) spermatozoa or ova.\nDivision 2 Donations by adults\n7 Blood transfusions excluded\nNothing in this Division prevents the removal in accordance with\nDivision 4 of blood from the body of a person.\n8 Consent by adult living donor to removal of tissue\n(1) A person may, by signed writing, consent to the removal from the\nperson's body of tissue for an authorised purpose if the person:\n(a) is an adult; and\n(b) is of sound mind; and\n(c) has been given medical advice about the removal of the\ntissue.\n(2) A consent for the removal of non-regenerative tissue:\n(a) must specify the time when the consent is given; and\n\nPart 2 Donation of tissue by living persons\nDivision 3 Effect of consent\nTransplantation and Anatomy Act 1979 5\n(b) does not have effect until 24 hours after it is signed.\nNotes for section 8\n1 The donor's consent may be given by way of an advance consent decision\nin an advance personal plan. If so, it has effect even if the person loses\ndecision-making capacity for the removal of the tissue (see the Health\nCare Decision Making Act 2023).\n2 If the donor does not have decision-making capacity, the Health Care\nDecision Making Act 2023 may permit consent to be given:\n(a) in relation to regenerative tissue – by a health care decision maker; or\n(b) in relation to any tissue – by NTCAT\nThis consent has effect as the consent of the donor.\n10 Certificate of medical practitioner\n(1) This section applies in relation to consent under section 8 given by\nthe donor personally or by another individual as permitted by the\nHealth Care Decision Making Act 2023.\n(2) A medical practitioner may certify in writing:\n(a) that the consent in writing of a person, the terms of which\nconsent are set out in the certificate, was given in the medical\npractitioner's presence; and\n(b) that the medical practitioner explained to the person before\nthe consent was given the nature and effect of the removal of\nthe tissue specified in the consent; and\n(c) that the medical practitioner is satisfied:\n(i) that, at the time the consent was given, the person had\nattained the age of 18 years; and\n(ii) that, at that time, the person was of sound mind; and\n(iii) that the consent was freely given.\nDivision 3 Effect of consent\n11 When consent authorises removal of tissue\n(1) This section applies in relation to consent to remove tissue from a\nperson's body for an authorised purpose if:\n(a) a medical practitioner has given a certificate under section 10\nfor the consent; or\n\nPart 2 Donation of tissue by living persons\nDivision 4 Donations of blood\nTransplantation and Anatomy Act 1979 6\n(b) the consent was given by NTCAT as permitted by section 41\nof the Health Care Decision Making Act 2023.\n(2) The consent authorises the removal of the tissue stated in the\nconsent from the person's body for the stated authorised purpose\nby:\n(a) for consent given by an individual – a medical practitioner\nother than the medical practitioner who gave the certificate\nunder section 10; or\n(b) for consent given by NTCAT – a medical practitioner.\nNote for subsection (2)\nA consent for the removal of non-regenerative tissue does not have effect until\n24 hours after the consent is given, see section 8(2).\n13 When consent does not authorise removal of tissue\nDespite section 11, a consent given in accordance with section 8\ndoes not authorise a medical practitioner to remove tissue if:\n(a) the medical practitioner has been informed in accordance with\nsection 16 or 16A(4) that the consent has been revoked; or\n(b) the medical practitioner knows or has reasonable grounds for\nsuspecting that a certificate given for the purpose of\nsection 10 contains a false statement.\nDivision 4 Donations of blood\n14 Consent to removal of blood\nA person who is of sound mind and at least 16 years of age may\nconsent to the removal of blood from the person's body for any of\nthe following purposes:\n(a) transfusion to another person or use of the blood (including its\nconstituents) for other therapeutic purposes;\n(b) medical purposes;\n(c) scientific purposes.\nNotes for section 14\n1 If the donor is over 18 years of age, the donor's consent may be given by\nway of an advance consent decision in an advance personal plan, If so, it\nhas effect even if the person loses decision-making capacity for the\nremoval of blood (see the Health Care Decision Making Act 2023).\n\nPart 2 Donation of tissue by living persons\nDivision 5 Revocation of consent\nTransplantation and Anatomy Act 1979 7\n2 If the donor is over 18 years of age and does not have decision-making\ncapacity, the Health Care Decision Making Act 2023 may permit consent to\nbe given by a health care decision maker or NTCAT. That consent has effect\nas the consent of the donor.\n15 Effect of consent to removal of blood\nA person's consent under section 14 authorises the removal of\nblood from the person's body:\n(a) at a hospital; or\n(b) at a place, or in a vehicle, used for the purpose by an entity\napproved by the Minister for this section.\nDivision 5 Revocation of consent\n16 How consent is revoked\nIf consent to the removal of tissue from a person's body has been\ngiven for the purposes of this Act, the donor may revoke the\nconsent at any time by indicating, either orally or in writing, it is\nrevoked to:\n(a) if the donor is a patient in a hospital:\n(i) a designated officer for the hospital; or\n(ii) a medical practitioner who is attending the donor in a\nprofessional capacity; or\n(iii) a person registered under the Health Practitioner\nRegulation National Law to practise in the nursing\nprofession (other than as a student); or\n(b) otherwise – a medical practitioner who is attending the donor\nin a professional capacity.\nNote for section 16\nIf the donor is over 18 years of age and does not have decision-making capacity,\nthe Health Care Decision Making Act 2023 may permit consent to be revoked by\na health care decision maker or NTCAT.\n16A Obligations of persons informed about revocation\n(1) The medical practitioner or nurse to whom the revocation of the\nconsent is indicated under section 16(a)(ii) or (iii) must immediately\ninform the designated officer for the hospital that the consent has\nbeen revoked.\n\nPart 2 Donation of tissue by living persons\nDivision 5 Revocation of consent\nTransplantation and Anatomy Act 1979 8\n(2) Subsection (3) applies to:\n(a) the designated officer for the hospital:\n(i) to whom the revocation of the consent is indicated under\nsection 16(a)(i); or\n(ii) who is informed about the revocation of the consent\nunder subsection (1); or\n(b) the medical practitioner to whom the revocation of the consent\nis indicated under section 16(b).\n(3) The medical practitioner or designated officer (the responsible\nperson) must make the inquiries that are reasonable in the\ncircumstances to find out whether a medical practitioner is\nproposing to rely on the consent for the removal of tissue from the\ndonor's body.\n(4) If the responsible person finds out a medical practitioner is\nproposing to so rely on the consent, the responsible person must\nimmediately inform the medical practitioner that the consent has\nbeen revoked.\nMaximum penalty: 100 penalty units.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n17 Revoked consent and certificate to be given to donor\n(1) This section applies if:\n(a) consent is revoked under section 16; and\n(b) a medical practitioner or designated officer for a hospital\ninforms the person who has possession of the instrument of\nconsent that it has been revoked.\n(2) Immediately after being informed of the revocation, the person must\ngive the donor:\n(a) the instrument of consent; and\n(b) if the person has possession of the certificate given under\nsection 10 for the consent – the certificate.\nMaximum penalty: 100 penalty units.\n\nPart 3 Donation of tissue after death\nTransplantation and Anatomy Act 1979 9\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\nPart 3 Donation of tissue after death\n18 Authorisation by designated officer for hospital\n(1) Subject to this Part, a designated officer for a hospital may, by\nsigned writing, authorise the removal of tissue from the body of a\ndeceased person at the hospital for an authorised purpose if:\n(a) the designated officer has no reason to believe the deceased:\n(i) had, during his or her lifetime, expressed the wish for, or\nconsented to, the removal of tissue from his or her body\nfor an authorised purpose after death; or\n(ii) had, during his or her lifetime, expressed an objection to\nthe removal of tissue from his or her body for an\nauthorised purpose after death; and\n(b) the designated officer:\n(i) has no reason to believe the senior available next of kin\nof the deceased has an objection to the removal of\ntissue from the body of the deceased for an authorised\npurpose; or\n(ii) is unable to ascertain the existence or whereabouts of\nany of the next of kin of the deceased; or\n(iii) is unable to ascertain whether any of the next of kin of\nthe deceased has an objection to the removal of tissue\nfrom the body of the deceased for an authorised\npurpose.\n(2) The designated officer must not give the authorisation unless the\ndesignated officer makes the inquiries that are reasonable in the\ncircumstances.\nMaximum penalty: 100 penalty units.\n(3) An offence against subsection (2) is an offence of strict liability.\n\nPart 3 Donation of tissue after death\nTransplantation and Anatomy Act 1979 10\n19 Authorisation by senior available next of kin before death\n(1) The senior available next of kin of a person in a hospital (the\npatient) may advise the designated officer for the hospital at any\ntime the patient is unconscious and before death that the next of kin\nhas no objection to the removal of tissue from the patient's body for\nan authorised purpose after the patient's death.\n(2) The advice authorises the removal of the tissue from the patient's\nbody for an authorised purpose after the patient's death.\n(3) However, subsection (2) does not apply if:\n(a) there is more than one senior available next of kin of the\npatient; and\n(b) one of them:\n(i) has an objection to the removal of the tissue; and\n(ii) advises the designated officer of the objection.\n(4) Also, the advice ceases to have effect if the patient regains\nconsciousness.\n19A Authorisation by senior available next of kin after death\n(1) This section applies if the body of a deceased person is not at a\nhospital.\n(2) Subject to this Part, the senior available next of kin of the deceased\nmay, by signed writing, authorise the removal of tissue from the\ndeceased's body for an authorised purpose.\n(3) However, subsection (2) does not apply if the senior available next\nof kin reasonably believes the deceased:\n(a) had, during his or her lifetime, expressed an objection to the\nremoval of the tissue from his or her body; and\n(b) had not withdrawn the objection.\n(4) Also, subsection (2) does not apply if:\n(a) there is more than one senior available next of kin of the\ndeceased; and\n(b) one of them has an objection to the removal of the tissue.\n\nPart 3 Donation of tissue after death\nTransplantation and Anatomy Act 1979 11\n19B Authorisation by deceased\n(1) This section applies if, during his or her lifetime, a deceased\nperson:\n(a) by signed writing expressed the wish for, or consented to, the\nremoval of tissue from his or her body after death for an\nauthorised purpose; and\n(b) had not withdrawn the wish or revoked the consent.\n(2) The removal of the tissue from the deceased's body in accordance\nwith the wish or consent is authorised.\n20 Consent by coroner\n(1) This section applies to a deceased person:\n(a) whose death is or may be a reportable death within the\nmeaning of section 12 of the Coroners Act 1993; or\n(b) in respect of whom a medical practitioner has not given a\ncertificate as to the cause of death; or\n(c) in respect of whose death the Supreme Court has made an\norder under section 16(3) of the Coroners Act 1993 that an\ninquest be held.\n(2) If a designated officer for a hospital, or the senior available next of\nkin of the deceased, reasonably believes this section applies to the\ndeceased, the designated officer or next of kin cannot authorise the\nremoval of tissue from the deceased's body unless a coroner has\ngiven consent to the removal.\n(3) Section 19B does not apply in relation to a deceased person to\nwhom this section applies unless a coroner has given consent to\nthe removal of tissue from the body of the deceased person.\n(4) A coroner may give a direction either before or after the death of a\nperson to whom this section applies or may apply, that the\ncoroner's consent to the removal of tissue from the body of the\nperson after the death of the person is not required and, in that\nevent, subsections (2) and (3) do not apply in relation to the\nremoval of tissue from the body of the person.\n(5) A consent or direction by a coroner under this section may be\nexpressed to be subject to such conditions as are specified in the\nconsent or the direction.\n\nPart 3 Donation of tissue after death\nTransplantation and Anatomy Act 1979 12\n(6) A consent or direction may be given orally by a coroner and, where\nso given, must be confirmed in writing.\n21 When medical certificates are required\n(1) If the respiration and circulation of the blood of a person are being\nartificially maintained, tissue must not be removed from the\nperson's body for an authorised purpose unless:\n(a) 2 medical practitioners, qualified as mentioned in\nsubsection (2), have carried out a clinical examination of the\nperson; and\n(b) each of them has certified in writing that in his or her opinion,\nat the time of the examination, irreversible cessation of all\nfunction of the person's brain has occurred.\n(2) For subsection (1)(a):\n(a) each of the medical practitioners must have been practising\nthe medical profession for at least 5 years; and\n(b) one of them must be a medical specialist.\n(3) For subsection (2)(a), a period a medical practitioner practised\nunder the law of another country that provides for the registration of\npersons practising in the medical profession must be taken into\naccount in working out the 5-year period.\n(4) In this section:\nmedical specialist means a person registered under the Health\nPractitioner Regulation National Law in a recognised specialty\nstated in the following table and whose specialist title for the\nspecialty is stated opposite:\nSpecialty Specialist title\nAnaesthesia Specialist anaesthetist\nIntensive care medicine Specialist intensive care physician\nPhysician Specialist physician\nPhysician Specialist neurologist\nSurgery Specialist general surgeon\nSurgery Specialist neurosurgeon\n\nPart 4 Teaching, study and practice of anatomy\nTransplantation and Anatomy Act 1979 13\n22 Effect of authorisation under this Part\n(1) An authorisation under section 18, 19, 19A or 19B authorises a\nmedical practitioner to remove the tissue from the body of the\ndeceased stated in the authorisation for the authorised purpose\nstated in it.\n(2) However, subsection (1) does not authorise the removal of tissue\nby:\n(a) a medical practitioner mentioned in section 21(1); or\n(b) if the authorisation is given under section 18 by the designated\nofficer for a hospital, or a delegate of the designated officer,\nwho is a medical practitioner – the designated officer or\ndelegate.\nPart 4 Teaching, study and practice of anatomy\n22A Offences relating to teaching, study and practice of anatomy\nA person must not use the body, or a part of the body, of a\ndeceased person for any of the following purposes otherwise than\nat an authorised school of anatomy:\n(a) the teaching and study of anatomy;\n(b) the practice of anatomy.\nFault elements:\nThe person:\n(a) intentionally uses the body or body part for the purpose; and\n(b) is reckless as to whether it is used at an authorised school of\nanatomy or other place.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\nNote for section 22A\nA medical practitioner does not commit an offence against this section by\nperforming an autopsy under the direction of a coroner under the Coroners\nAct 1993, see section 43BE of the Criminal Code.\n\nPart 4 Teaching, study and practice of anatomy\nTransplantation and Anatomy Act 1979 14\n22B Anatomy authorisation\n(1) The Chief Health Officer may, by Gazette notice, authorise the\nconduct of the following at a school of anatomy of an educational\ninstitution:\n(a) the teaching and study of anatomy;\n(b) the practice of anatomy.\nNote for subsection (1)\nThe authorisation may, under section 42 of the Interpretation Act 1978, be limited\nto the conduct of specified activities, including for example, the teaching and\nstudy of anatomy, or anatomical examinations, of a specified part of the human\nbody.\n(2) The Chief Health Officer may impose reasonable conditions on the\nauthorisation.\n(3) The conditions must be stated in the Gazette notice.\n22C Contravention of condition of anatomy authorisation\nThe holder of an anatomy authorisation must not engage in conduct\nthat results in a contravention of a condition of the authorisation.\nFault elements:\nThe holder:\n(a) intentionally engages in the conduct; and\n(b) is reckless as to whether the conduct would result in a\ncontravention of a condition of the authorisation.\nMaximum penalty: 200 penalty units.\n22D Codes of practice\n(1) The Chief Health Officer may make a code of practice relating to\nthe conduct of activities under an anatomy authorisation.\n(2) Without limiting subsection (1), the code of practice may be made\nabout the following matters:\n(a) the way in which bodies, or parts of bodies, are transported to\nauthorised schools of anatomy;\n(b) how the teaching, study and practice of anatomy are\nconducted;\n\nPart 5 Prohibition of trading in tissue\nTransplantation and Anatomy Act 1979 15\n(c) the giving of returns and other information by the holders of\nanatomy authorisations;\n(d) the procedures for receiving and keeping bodies, or parts of\nbodies, at authorised schools of anatomy;\n(e) the inspection of authorised schools of anatomy;\n(f) the disposal of bodies, or parts of bodies, by the holder of an\nanatomy authorisation.\n(3) Also, the code of practice may apply, adopt or incorporate (with or\nwithout changes) a matter contained in another document or\ninstrument as in force or existing at a particular time or from time to\ntime.\n(6) The Chief Health Officer must publish the code of practice on the\nAgency's website.\n(6A) The code of practice has no effect until it is published in accordance\nwith subsection (6).\n(7) A person commits an offence if the person engages in conduct that\nresults in a contravention of a provision of the code of practice.\nFault elements:\nThe person:\n(a) intentionally engages in the conduct; and\n(b) is reckless as to whether the conduct would result in a\ncontravention of the provision.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\nPart 5 Prohibition of trading in tissue\n22E Unauthorised contracts and arrangements\n(1) A person commits an offence if:\n(a) the person:\n(i) enters, or agrees or offers to enter, into a contract or\narrangement; or\n(ii) holds himself or herself out as being willing to enter into\na contract or arrangement; or\n\nPart 5 Prohibition of trading in tissue\nTransplantation and Anatomy Act 1979 16\n(iii) inquires whether someone is willing to enter into a\ncontract or arrangement; and\n(b) under the contract or arrangement, the person agrees, for\nvaluable consideration (whether given or to be given to the\nperson or anyone else), for the supply of tissue from the\nperson's body or another person's body (whether before or\nafter the death of the person or other person).\nFault element: The person intentionally engages in conduct\nmentioned in subsection (1)(a).\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(2) However, subsection (1) does not apply if the contract or\narrangement:\n(a) is entered into in accordance with an authorisation under\nsection 22F; or\n(b) provides only for the reimbursement of expenses necessarily\nincurred by the person for the removal of tissue under this Act.\n(3) Also, subsection (1) does not apply in relation to the supply of\ntissue if:\n(a) the tissue is obtained under a contract or arrangement\nauthorised under section 22F; and\n(b) the tissue has been subjected to processing or treatment; and\n(c) the tissue is supplied for use, in accordance with the directions\nof a medical practitioner, for therapeutic or scientific purposes.\n(4) A contract or arrangement mentioned subsection (1)(b) is void\nunless it is entered into in accordance with an authorisation under\nsection 22F.\n(5) In this section:\nsupply includes sale.\n22F Authorisation to enter into contract or arrangement\n(1) The Minister may, by signed writing, authorise a person to enter\ninto a contract or arrangement of a kind mentioned in\nsection 22E(1)(b) if the Minister is satisfied there are special\ncircumstances to do so.\n\nPart 7 Miscellaneous matters\nTransplantation and Anatomy Act 1979 17\n(2) The authorisation is subject to the conditions imposed by the\nMinister and stated in it.\nPart 6 When death occurs for Territory laws\n23 When death occurs\nFor a law of the Territory, a person has died when there has\noccurred:\n(a) irreversible cessation of all function of the person's brain; or\n(b) irreversible cessation of circulation of blood in the person's\nbody.\nPart 7 Miscellaneous matters\n25 Exclusion of liability\n(1) Subject to this Act, a person is not liable in any proceedings,\nwhether civil or criminal, for any act done in pursuance of, by\nreason of, or as a result of, a consent, agreement or authorisation\ngiven, or purporting to have been given, in pursuance of this Act\nwhere the act is done without negligence and in good faith.\n(2) Without limiting subsection (1), a person is regarded as having\ndone an act referred to in subsection (1) in good faith if the person\nestablishes that:\n(a) the person had an honest and reasonable belief that a\nconsent, agreement or authorisation required by this Act for\nthe doing of the act had been given; or\n(b) the person had no reason to doubt that a consent, agreement\nor authorisation purporting to have been given in accordance\nwith this Act for the doing of the act was a consent, agreement\nor authority given in accordance with this Act.\n26 Act does not prevent specified removals of tissue etc.\nNothing in this Act applies in relation to:\n(a) the removal of tissue from the body of a living person in the\ncourse of a procedure or operation carried out, in the interests\nof the health of the person, by a medical practitioner:\n(i) with the consent, express or implied, given by or on\nbehalf of the person; or\n\nPart 7 Miscellaneous matters\nTransplantation and Anatomy Act 1979 18\n(ii) in accordance with Part 4 of the Health Care Decision\nMaking Act 2023; or\n(b) the use of tissue so removed; or\n(c) the embalming of the body of a deceased person; or\n(d) the preparation, including the restoration of any disfigurement\nor mutilation, of the body of a deceased person for the\npurpose of burial or disposal.\n27 Offence to remove tissue without consent or authorisation\nA person must not remove tissue from the body of a person\n(whether living or dead) unless the removal is done in accordance\nwith an authorisation under this Act.\nFault elements:\nThe person:\n(a) intentionally removes the tissue; and\n(b) is reckless as to whether the removal is done in accordance\nwith the authorisation.\nMaximum penalty: 400 penalty units or imprisonment for\n4 years.\nNote for section 27\nA medical practitioner does not commit an offence against this section by\nperforming an autopsy under the direction of a coroner under the Coroners\nAct 1993, see section 43BE of the Criminal Code.\n27A Offence to make misleading statement\n(1) A person must not make a misleading statement in a certificate\ngiven for this Act.\nFault elements:\nThe person:\n(a) intentionally makes the statement; and\n(b) knows the statement is misleading; and\n(c) knows the certificate is made for this Act.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n\nPart 7 Miscellaneous matters\nTransplantation and Anatomy Act 1979 19\n(2) In this section:\nmisleading means misleading in a material particular or because of\nthe omission of a material particular.\n28 Unlawful disclosure of confidential information\n(1) A person commits an offence if the person engages in conduct that\nresults in the disclosure of confidential information to someone else.\nFault elements:\nThe person:\n(a) intentionally engages in the conduct; and\n(b) is reckless as to whether the conduct would result in the\ndisclosure of the information; and\n(c) is reckless as to whether the information is confidential\ninformation.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Subsection (1) does not apply in relation to confidential information\ndisclosed:\n(a) in pursuance of an order of a court or when otherwise required\nby law; or\n(b) for the purposes of hospital administration or bona fide\nmedical research; or\n(c) with the consent of the person to whom the information\nrelates; or\n(d) when the circumstances in which the disclosure is made are\nsuch that the disclosure is or would be privileged.\n(3) In this section:\nconfidential information means information that identifies, or is\nlikely to identify the person:\n(a) from whose body tissue has been removed for an authorised\npurpose; or\n(b) in relation to whom or whose body a consent or authorisation\nhas been given under this Act; or\n\nPart 7 Miscellaneous matters\nTransplantation and Anatomy Act 1979 20\n(c) into whose body tissue has been, is being, or may be,\ntransplanted.\n29 Delegation by designated officer for hospital\n(1) The designated officer for a hospital may delegate any of the\ndesignated officer's powers and functions under this Act to a health\npractitioner employed or engaged by the hospital.\n(2) However, the designated officer may do so only if satisfied the\nhealth practitioner has appropriate qualifications or experience for\nthe delegation.\n(3) In this section:\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession (other than as a student).\n30 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for the following:\n(a) the conditions under which transplantations of tissue from\nliving persons may be conducted;\n(b) the procedures for the removal or storage of tissue removed\nfrom living persons;\n(c) the regulation of premises where transplantations of tissue\nfrom living persons may be conducted;\n(d) the regulation of authorised schools of anatomy;\n(e) fees payable under this Act;\n(f) the enforcement of a code of practice, including by providing\nthat a contravention of the code of practice is an offence\nagainst a regulation;\n(g) an offence against a regulation to be an offence of strict or\nabsolute liability but not with a penalty exceeding 100 penalty\nunits.\n\nPart 8 Transitional matters for Human Tissue Transplant Amendment Act 2010\nTransplantation and Anatomy Act 1979 21\nPart 8 Transitional matters for Human Tissue\nTransplant Amendment Act 2010\n31 Definitions\nIn this Part:\namending Act means the Human Tissue Transplant Amendment\nAct 2010.\ncommencement means the commencement of section 20 of the\namending Act.\nre-enacted, for a provision of this Act, means the provision as\nre-enacted by the amending Act.\n32 References to consents and documents given under Act\nA reference in this Part to a consent, approval, authorisation or\ncertificate given under a provision of this Act is a reference to a\nconsent, approval, authorisation or certificate that:\n(a) was given under the provision before the commencement; and\n(b) immediately before the commencement, had not been\nrevoked.\n33 Consent to removal of tissue\nA consent given under section 8 or 9 continues to have effect, or\nhas effect, as if it were given under the section as re-enacted.\n34 Approval of place for blood donation\nAn approval given under section 15(b) has effect as if it were given\nunder the section as re-enacted.\n35 Revocation of consent to removal of tissue\nThis Act, as in force immediately before the commencement,\ncontinues to apply in relation to the revocation of a consent under\nsection 16 before the commencement as if the amending Act had\nnot been enacted.\n36 Authorisation to remove tissue after death\n(1) An authorisation mentioned in section 18(2) given by the person in\ncharge of a hospital continues to have effect as if the amending Act\nhad not been enacted.\n\nPart 9 Transitional matters for Health Legislation Amendment Act 2021\nTransplantation and Anatomy Act 1979 22\n(2) Another authorisation given under section 18 or an authorisation\ngiven under 19 continues to have effect, or has effect, as if it had\nbeen given under the section as re-enacted.\n37 Medical certificate as to irreversible cessation of brain function\nA certificate given under section 21 continues to have effect as if it\nhad been given under the section as re-enacted.\n38 Authorised contract or arrangement for supply of tissue\nAn authorisation given under section 24 continues to have effect as\nif it had been given under the section as re-enacted.\n39 Interpretation Act 1978 not affected\nThis Part does not limit Part III of the Interpretation Act 1978.\nPart 9 Transitional matters for Health Legislation\nAmendment Act 2021\n40 Codes of practice\n(1) A code of practice made under section 22D that was in effect\nimmediately before the commencement of Part 3 of the amending\nAct continues to have effect as if it were made under the section as\namended by the amending Act.\n(2) In this section:\namending Act means the Health Legislation Amendment Act 2021.\n\nENDNOTES\nTransplantation and Anatomy Act 1979 23\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nHuman Tissue Transplant Act 1979 (Act No. 121, 1979)\nAssent date 15 October 1979\nCommenced 1 December 1979 (Gaz G48, 30 November 1979, p 1)\nHuman Tissue Transplant Amendment Act 1989 (Act No. 50, 1989)\nAssent date 20 September 1989\nCommenced 20 September 1989\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nMedical (Consequential Amendments) Act 1995 (Act No. 8, 1995)\nAssent date 10 April 1995\nCommenced 1 June 1995 (s 2, s 2, Medical Act 1995 (Act No. 7, 1995) and\nGaz S21, 1 June 1995)\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced 1 May 1997 (Gaz G17, 30 April 1997, p 2)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\n\nENDNOTES\nTransplantation and Anatomy Act 1979 24\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nHuman Tissue Transplant Amendment Act 2006 (Act No. 26, 2006)\nAssent date 19 September 2006\nCommenced 19 September 2006\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nHuman Tissue Transplant Amendment Act 2010 (Act No. 46, 2010)\nAssent date 13 December 2010\nCommenced 13 April 2011 (Gaz S17, 13 April 2011)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nHealth Legislation Amendment Act 2021 (Act No. 20, 2021)\nAssent date 23 September 2021\nCommenced 24 September 2021 (s 2)\nBurial and Cremation Act 2022 (Act No. 16, 2022)\nAssent date 9 August 2022\nCommenced 28 November 2022 (Gaz S60, 23 November 2022)\nHealth Care Decision Making Act 2023 (Act No. 19, 2023)\nAssent date 17 August 2023\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 72 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n\nENDNOTES\nTransplantation and Anatomy Act 1979 25\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 8, 10, 11, 14, 16, 20,\n22A, 22B, 26, 27 and 39.\n5 LIST OF AMENDMENTS\nlt sub No. 46, 2010, s 4\npt 1 hdg sub No. 46, 2010, s 21\ns 1 amd No. 46, 2010, s 5\ns 4 amd No. 8, 1995, s 4; No. 14, 1995, s 12; No. 27, 1999, s 15; No. 1, 2004,\ns 62; No. 44, 2005, s 22; No. 46, 2010, s 6; No. 20, 2021, s 9\ns 4A ins No. 46, 2010, s 7\ns 5 hdg amd No. 4, 2017, s 34\ns 5 sub No. 46, 2010, s 7\npt 2 hdg sub No. 46, 2010, s 21\ns 6 sub No. 46, 2010, s 8\ns 8 sub No. 46, 2010, s 9\namd No. 36, 2013, s 131; No. 19, 2023, s 104\ns 9 rep No. 46, 2010, s 9\ns 10 amd No. 46, 2010, s 21; No. 36, 2013, s 132; No. 19, 2023, s 105\ns 11 sub No. 46, 2010, s 10; No. 36, 2013, s 133\namd No. 19, 2023, s 106\ns 12 rep No. 46, 2010, s 10\ns 13 amd No. 46, 2010, s 21; No. 36, 2013, s 134; No. 38, 2014, s 2\ns 14 sub No. 26, 2006, s 3\namd No. 36, 2013, s 135; No. 19, 2023, s 107\ns 15 sub No. 46, 2010, s 11\ns 16 hdg amd No. 4, 2017, s 34\ns 16 amd No. 27, 1999, s 15; No. 44, 2005, s 22; No. 18, 2010, s 89\nsub No. 46,2010, s 12\namd No. 36, 2013, s 136; No. 28, 2018, s 25; No. 19, 2023, s 108\ns 16A ins No. 46, 2010, s 12\namd No. 36, 2013, s 137\ns 17 amd No. 82, 1991, s 11\nrep No. 1, 2004, s 62\nins No. 46, 2010, s 12\namd No. 36, 2013, s 138\npt 3 hdg sub No. 46, 2010, s 21\nss 18 – 19 sub No. 46, 2010, s 13\nss 19A – 19B ins No. 46, 2010, s 13\ns 20 hdg amd No. 4, 2017, s 34\ns 20 amd No. 17, 1997, s 11; No. 46, 2010, s 14\ns 21 hdg amd No. 4, 2017, s 34\ns 21 amd No. 50, 1989, s 2\nsub No. 46, 2010, s 15\ns 22 sub No. 46, 2010, s 15\npt 4 hdg sub No. 46, 2010, s 16\nss 22A – 22C ins No. 46, 2010, s 16\ns 22D ins No. 46, 2010, s 16\namd No. 20, 2021, s 10\npt 5 hdg sub No. 46, 2010, s 16\nss 22E – 22F ins No. 46, 2010, s 16\npt 6 hdg ins No. 46, 2010, s 16\ns 23 sub No. 46, 2010, s 16\n\nENDNOTES\nTransplantation and Anatomy Act 1979 26\npt 7 hdg sub No. 46, 2010 s 21\ns 25 amd No. 46, 2010, s 21\ns 26 amd No. 46, 2010, s 21; No. 16, 2022, s 222; No. 19, 2023, s 109\ns 27 sub No. 46, 2010, s 17\ns 27A ins No. 46, 2010, s 17\ns 28 amd No. 46, 2010, s 18\ns 29 sub No. 46, 2010, s 19\namd No. 17, 2012, s 55\npt 8 hdg ins No. 46, 2010, s 20\nss 31 – 39 ins No. 46, 2010, s 20\npt 9 hdg amd No. 20, 2021, s 11\ns 40 amd No. 20, 2021, s 11","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1979 scope. Originally focused primarily on transplantation and blood donation, it has expanded to include: comprehensive regulation of anatomy schools and anatomical teaching (Part 4, added 2010); a detailed prohibition on trading in human tissue with Ministerial authorisation powers (Part 5, added 2010); a statutory definition of death for all Territory laws (Part 6, added 2010); and integration with modern substitute decision-making frameworks through the Health Care Decision Making Act 2023. The 2010 amendments effectively transformed it from a transplant-specific statute into a broader human tissue governance framework."},"complexity_factors":["Multiple overlapping consent pathways for post-mortem tissue removal (deceased's own wishes, senior available next of kin, designated hospital officer, coroner) with specific priority rules and exceptions","Distinction between regenerative and non-regenerative tissue with different consent requirements (24-hour cooling-off period for non-regenerative)","Complex hierarchy for 'senior available next of kin' with different rules for children versus adults, and specific provisions for when multiple next of kin exist","Integration with external legislation including the Health Care Decision Making Act 2023 (for consent by substitute decision-makers and advance personal plans), Coroners Act 1993, and Criminal Code","Specific procedural requirements for brain death certification requiring two medical practitioners with 5+ years experience, one being a specialist in specified fields","Multiple fault elements and strict liability offences scattered throughout (sections 16A, 17, 22A, 22C, 22D, 22E, 27, 27A, 28)","Transitional provisions spanning two major amendment Acts (2010 and 2021) preserving old consents and authorisations","Conditional exceptions to the prohibition on trading in tissue (section 22E) including processed tissue exceptions and expense reimbursement"],"plain_english_summary":"This is the Northern Territory's main law governing what happens to human body parts — whether donated by living people or taken after death. It sets the rules for organ and tissue transplants, blood donations, medical research using bodies, and even defines when someone is legally dead.\n\n**What it covers:**\n\n* **Living donations:** Adults can consent to give tissue (like bone marrow or a kidney) or blood. There are special rules for different types of tissue — 'regenerative' tissue (like blood or skin, which grows back) versus 'non-regenerative' tissue (like organs, which don't). Non-regenerative donations need a 24-hour cooling-off period. People can change their mind and revoke consent at any time.\n* **Donations after death:** If someone dies, tissue can be removed for transplant or research only with proper authorisation. This can come from: the person themselves (if they left written consent), their 'senior available next of kin' (a specific hierarchy starting with spouse/partner, then adult children, parents, siblings), or a hospital's designated officer. If the death is suspicious or reportable to a coroner, the coroner must also consent.\n* **Defining death:** The law clarifies that death occurs when there is irreversible cessation of either all brain function or blood circulation. For brain death determinations when someone is on life support, two senior doctors must certify this.\n* **Anatomy schools:** It regulates the teaching of anatomy using cadavers (dead bodies). Only authorised schools can use bodies for teaching, and they must follow codes of practice.\n* **Ban on selling body parts:** It is illegal to buy or sell human tissue, with heavy penalties. The Minister can authorise exceptions only in 'special circumstances' (such as reimbursing expenses).\n* **Protections:** People acting in good faith under this law are protected from being sued. There are also strict confidentiality rules about donor and recipient identities.\n\n**Who it affects:** Anyone in the NT who might donate or receive tissue, doctors and nurses, hospitals, coroners, medical schools, and researchers."}},"importantCases":[],"_links":{"self":"/api/acts/transplantation-and-anatomy-act-1979","history":"/api/acts/transplantation-and-anatomy-act-1979/history","analysis":"/api/acts/transplantation-and-anatomy-act-1979/analysis","conflicts":"/api/acts/transplantation-and-anatomy-act-1979/conflicts","importantCases":"/api/acts/transplantation-and-anatomy-act-1979/important-cases","documents":"/api/acts/transplantation-and-anatomy-act-1979/documents"}}