{"id":"sl-2001-38","name":"Transplantation and Anatomy Regulation 2001","slug":"transplantation-and-anatomy-regulation-2001","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"38 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173859,"registerId":"act-sl-2001-38-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Transplantation and Anatomy Regulation 2001","content":"Australian Capital Territory\nTransplantation and Anatomy\nRegulation 2001\nSL2001-38\nmade under the\nTransplantation and Anatomy Act 1978\nRepublication No 4\nEffective: 12 July 2011\nRepublication date: 12 July 2011\nLast amendment made by SL2011-20\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Transplantation and Anatomy Regulation 2001, made under the\nTransplantation and Anatomy Act 1978 (including any amendment made under the Legislation\nAct 2001, part 11.3 (Editorial changes)) as in force on 12 July 2011. It also includes any\ncommencement, amendment, repeal or expiry affecting this republished law to 12 July 2011.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n12/07/11\nTransplantation and Anatomy Regulation 2001\nEffective: 12/07/11\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTransplantation and Anatomy\nRegulation 2001\nmade under the\nTransplantation and Anatomy Act 1978\nContents\nPage\n1 Name of regulation 2\n3 Other qualifications for certification of brain death—the Act, s 30 (1) 2\nEndnotes\n1 About the endnotes 3\n2 Abbreviation key 3\n3 Legislation history 4\n4 Amendment history 4\n5 Earlier republications 5\n\n\n\nR4\n12/07/11\nTransplantation and Anatomy Regulation 2001\nEffective: 12/07/11\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTransplantation and Anatomy\nRegulation 2001\nmade under the\nTransplantation and Anatomy Act 1978\n\nSection 1\npage 2 Transplantation and Anatomy Regulation 2001\nEffective: 12/07/11\nR4\n12/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Transplantation and Anatomy Regulation\n2001.\n3 Other qualifications for certification of brain death—the\nAct, s 30 (1)\nOne of the medical practitioners who can certify brain death must be\na specialist neurologist or neurosurgeon or have 1 of the following\nqualifications:\n(a) Fellow of the Royal Australasian College of Physicians,\nIntensive Care (FRACP (Intensive Care));\n(b) Fellow of the Faculty of Intensive Care, Australian and New\nZealand College of Anaesthetists (FFICANZCA);\n(c) Fellow of the Joint Faculty of Intensive Care Medicine\n(FJFICM);\n(d) Fellow of the College of Intensive Care Medicine of Australia\nand New Zealand (FCICM).\n\nEndnotes\nAbout the endnotes 1\nR4\n12/07/11\nTransplantation and Anatomy Regulation 2001\nEffective: 12/07/11\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 4 Transplantation and Anatomy Regulation 2001\nEffective: 12/07/11\nR4\n12/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Transplantation and Anatomy Regulations\n2001. It was renamed under the Legislation Act 2001.\nTransplantation and Anatomy Regulation 2001 SL2001-38\nnotified LR 19 September 2001\ncommenced 19 September 2001 (s 2)\nas amended by\nTransplantation and Anatomy Amendment Regulation 2009 (No 1)\nSL2009-12\nnotified LR 6 April 2009\ns 1, s 2 commenced 6 April 2009 (LA s 75 (1))\nremainder commenced 7 April 2009 (s 2)\nTransplantation and Anatomy Amendment Regulation 2011 (No 1)\nSL2011-20\nnotified 11 July 2011\ns 1, s 2 commenced 11 July 2011 (LA s 75 (1))\nremainder commenced 12 July 2011 (s 2)\n4 Amendment history\nName of regulation\ns 1 am R2 LA\nCommencement\ns 2 om R1 (LA s 89 (4))\nOther qualifications for certification of brain death—the Act, s 30 (1)\ns 3 am SL2009-12 s 4; SL2011-20 s 4\n\nEndnotes\nEarlier republications 5\nR4\n12/07/11\nTransplantation and Anatomy Regulation 2001\nEffective: 12/07/11\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n9 Nov 2001\n12 Sept 2001–\n1 Nov 2004\nnot amended new regulation\nR2\n2 Nov 2004\n2 Nov 2004–\n6 Apr 2009\nnot amended includes editorial\namendments under\nLegislation Act\nR3\n7 Apr 2009\n7 Apr 2009–\n11 July 2011\nSL2009-12 amendments by\nSL2009-12\n© Australian Capital Territory 2011","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulation's operative provision (s 3) has been amended (see SL2009-12 and SL2011-20). Those amendments changed the list of recognised medical qualifications for certifying brain death, so the set of practitioners authorised under the regulation differs from the original 2001 wording."},"complexity_factors":["Very short, single-subject instrument with one substantive operative clause (s 3)","Direct cross-reference to the parent Act (Transplantation and Anatomy Act 1978, s 30(1)) requiring users to consult both instruments","Relies on external professional qualifications and college fellowship titles (medical-technical specificity)","Amendment history (2009, 2011) requires checking historical versions to track changes to eligibility","High practical importance despite textual simplicity (affects clinical credentialing and legal authority to certify brain death)"],"plain_english_summary":"This regulation sets which medical qualifications let a doctor certify brain death in the ACT. It requires that one certifier be a neurologist or neurosurgeon or hold one of several named intensive-care fellowships. This matters for hospitals, transplant teams and clinicians because it determines who may legally declare brain death and creates a credentialing and compliance obligation for practitioners and employers."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: specifying medical qualifications for brain death certification. It has not expanded beyond this narrow technical role since its creation in 2001."},"complexity_factors":["Extremely short—only 2 operative sections (sections 1 and 3)","No defined terms in the regulation itself","Single, straightforward condition: one of two certifying doctors must hold specified qualifications","No cross-references to other legislation beyond the parent Act (s 30(1))","No conditional logic, exceptions, or nested provisions","Simple list format for qualifications (paragraphs (a) through (d))"],"plain_english_summary":"This regulation narrows who can certify brain death in the ACT by requiring that one of the two doctors named under the Transplantation and Anatomy Act 1978 be a specialist neurologist or neurosurgeon, or hold an intensive care fellowship (FRACP (Intensive Care), FFICANZCA, FJFICM, or FCICM). \n\nIt affects clinicians, hospitals, patients and families by ensuring specialist expertise is present before legal death is declared for organ donation."}},"importantCases":[],"_links":{"self":"/api/acts/transplantation-and-anatomy-regulation-2001","history":"/api/acts/transplantation-and-anatomy-regulation-2001/history","analysis":"/api/acts/transplantation-and-anatomy-regulation-2001/analysis","conflicts":"/api/acts/transplantation-and-anatomy-regulation-2001/conflicts","importantCases":"/api/acts/transplantation-and-anatomy-regulation-2001/important-cases","documents":"/api/acts/transplantation-and-anatomy-regulation-2001/documents"}}