5Limitation of liability in relation to transfusion of certified blood and blood products

5 Limitation of liability in relation to transfusion of certified blood and blood products

(1)  Subject to this section, no civil or criminal liability attaches to any person in respect of the transmission to another person of the relevant virus or the disease known as Acquired Immune Deficiency Syndrome, or any other disease that is attributable to the relevant virus, by reason of the transfusion of certified blood or a certified blood product.

(2)  A person who knowingly makes a false declaration under section 4 (1) (a) or under section 6 (b) is not entitled to the protection of this section in relation to the blood, or any blood product in any way derived from the blood, in relation to the taking of which the declaration was made.

(3)  An authorized supplier is not entitled to the protection of this section in relation to blood or a blood product if the authorized supplier fails to observe a requirement imposed on it by or under this Act in relation to the blood or blood product, or in relation to blood from which the blood product was derived.

(4)  A person who is an employee of, or a person working without payment for, an authorized supplier is not entitled to the protection of this section in relation to blood or a blood product if that person fails to observe a requirement imposed on the authorized supplier by or under this Act in relation to the blood or blood product, or in relation to blood from which the blood product was derived, being a requirement applicable to the duties of that person in relation to the operations of the authorized supplier.

(5)  A person is not entitled to the protection of this section in relation to blood, or a blood product, imported into Tasmania from another State or Territory of the Commonwealth if that person is in breach of, or has failed to comply with, a requirement imposed upon him by, the law of that State or Territory under which an immunity substantially similar to an immunity conferred by this section is, or, but for that breach or failure, would be, conferred upon him.

(6)  A person is not entitled to the protection of this section in relation to blood or a blood product if –

(a) that person has reasonable cause to suspect that the blood or blood product may be contaminated with the relevant virus; or