36Offences

#### 36 Offences 36 Offences > > (1) A person shall not remove tissue from the body of any other person (whether living or deceased) except in accordance with a consent or authority that is, under this Act, sufficient authority for the removal of the tissue by the firstmentioned person. > > > > Maximum penalty—40 penalty units or imprisonment for 6 months, or both. > > > (1A) A person must not use any tissue that is removed from the body of a living person in the course of medical, dental or surgical treatment carried out in the interests of the health of the person for any purpose (other than for the purposes of treating the person) except in accordance with an authority that is, under this Act, sufficient authority for the firstmentioned person to use the tissue for that purpose. > > > > Maximum penalty—40 penalty units or imprisonment for 6 months, or both. > > > (2) A person shall not conduct a post-mortem examination of the body of a person except in accordance with an authority that is, under this Act, sufficient authority for the firstmentioned person to conduct the post-mortem examination. > > > > Maximum penalty—40 penalty units or imprisonment for 6 months, or both. > > > (2A) A person must not use any tissue that is removed from the body of a deceased person for the purposes of a post-mortem examination for any purpose (other than the purposes of that examination) except in accordance with an authority that is, under this Act, sufficient authority for the firstmentioned person to use the tissue for that purpose. > > > > Maximum penalty—40 penalty units or imprisonment for 6 months, or both. > > > (3) A person shall not— > > > > > (a) give an authority under this Act without having made the inquiries that the person is required by this Act to have made, or > > > > > (b) for the purposes of this Act (Division 3 of Part 3 excepted), sign a certificate which contains any statement which to that person’s knowledge, is false or misleading in a material particular. > > > > Maximum penalty—40 penalty units or imprisonment for 6 months, or both. > > > (4) Subsections (1), (2) and (2A) do not apply to or in respect of anything authorised by or under— > > > > > (a) the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), or > > > > > (b) the [Anatomy Act 1977](/view/html/inforce/current/act-1977-126), or > > > > > (c) any other law. > > **s 36:** Am 1985 No 61, Sch 1 (6); 1987 No 144, Sch 1 (10); 1992 No 112, Sch 1; 2003 No 18, Sch 2 \[27\]–\[29\]; 2004 No 37, Sch 2 \[17\]; 2009 No 41, Sch 4.