11ATransfer of human tissue

11A Transfer of human tissue

11A Transfer of human tissue

(1) The holder of a licence may transfer human tissue from a body that is in the holder’s possession for anatomical examination:

(a) to another holder of a licence, or

(b) to an authorised officer of a hospital, or

(c) to an authorised officer of an interstate hospital, or

(d) to any other person approved in writing by the Director-General, subject to such conditions as may be imposed by the Director-General,

for use for medical or scientific purposes, unless the holder has reason to believe that to do so would be contrary to the wishes of the deceased or the senior available next of kin of the deceased.

(2) The holder of a licence must ensure that arrangements are made for the return of the human tissue to the holder of the licence as soon as practicable and by no later than the end of the period (if any) within which the human tissue is required to be disposed of under section 12.

Maximum penalty: 10 penalty units.

Note—

Section 12 requires a body that is retained for anatomical examination, and any human tissue from that body, to be disposed of within a certain period after the death of the person. Section 12 does not apply if a specific authority has been given to retain the human tissue.

(3) The holder of a licence must, immediately after transferring human tissue under subsection (1), enter in the register kept by the holder opposite the particulars relating to the body concerned:

(a) the fact that the human tissue was transferred, and

(b) the date on which it was transferred, and

(c) the name and address of the person to whom it was transferred and of the licensed premises, hospital or other place at which the human tissue is to be retained, and

(d) details of the arrangements made with respect to the return of the human tissue.

Maximum penalty: 10 penalty units.

(4) Subject to subsection (5), the following persons are authorised to use, for medical or scientific purposes, human tissue transferred under this section:

(a) the person to whom the tissue was transferred,