Blood and Tissue (Transmissible Diseases) Regulations 1985
1Blood and Tissue (Transmissible Diseases) Regulations 1985
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CrestWestern Australia
Public Health Act 2016 1
Blood and Tissue (Transmissible Diseases) Regulations 1985
Western Australia
Blood and Tissue (Transmissible Diseases) Regulations 1985
Contents
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Citation 1
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Terms used 1
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Taking of blood without declaration 1
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Declaration to be required from donor 2
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Person authorised to permit declarations to be made 3
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Form of declaration 3
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Offences 3
Notes
Compilation table 4
Other notes 5
Defined terms
Public Health Act 2016 1
Blood and Tissue (Transmissible Diseases) Regulations 1985
1. Citation
These regulations may be cited as the Blood and Tissue (Transmissible Diseases) Regulations 1985.
[2A. Deleted: Gazette 19 Sep 2017 p. 4883.]
2. Terms used
(1) In these regulations —
blood includes any substance derived from blood;
therapeutic use means a use for the purpose of —
(a) preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in persons;
(b) influencing, inhibiting or modifying a physiological process in persons;
(c) testing susceptibility to a disease or ailment in persons.
(2) A reference in these regulations to the donating of blood shall be read as including a reference to the donating of any substance obtained from the blood, or of any ovum or semen.
[Regulation 2 inserted: Gazette 17 May 1991 p. 2480; amended: Gazette 19 Sep 2017 p. 4883‑4.]
3. Taking of blood without declaration
(1) Subject to this regulation, a person shall not —
(a) take any blood intended for therapeutic use; or
(b) knowingly accept for therapeutic use any blood donated,
unless the person donating the blood made a declaration in the form required under regulation 6 within the 12 hours preceding the donation of the blood.
(2) Where the donor of any blood is by reason of injury or illness incapable of making a declaration in the form required under regulation 6, a person who takes, or accepts a donation of, blood from that donor for therapeutic use where the circumstances are such as to be, in the opinion of a person who is a designated officer, or the delegate of a designated officer, for the purposes of the , medically justifiable shall not be taken to have contravened subregulation (1).