4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— > > > > blood product means a product or extract derived or extracted from blood by any process of manufacture. > > > > child means a person who has not attained the age of 18 years and who is not married. > > > > designated officer means— > > > > > (a) in relation to a hospital, a person appointed for the time being under section 5 (1) (a) to be a designated officer for the hospital, or > > > > > (b) in relation to a forensic institution, a person appointed for the time being under section 5 (3) to be a designated officer for the forensic institution. > > > > designated specialist, in relation to a hospital, means a person appointed for the time being under section 5 (1) (b) to be a designated specialist for the hospital. > > > > donor, in relation to blood, means the person from whom the blood has been removed. > > > > exempt supplier— > > > > > (a) in relation to the supply of blood or a blood product, means— > > > > > > > (i) the Australian Red Cross Society, or > > > > > > > (ii) the governing body of a hospital, or > > > > > > > (iii) any other body declared by the regulations to be an exempt supplier for the purposes of this Act, or > > > > > (a1) in relation to the supply of blood products that are therapeutic goods within the meaning of the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth and that are registered goods within the meaning of that Act—a body that supplies those goods, or > > > > > (a2) in relation to the supply of blood products that are therapeutic goods within the meaning of the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth and that are exempt goods for the purposes of Part 3–2 of that Act—a body that supplies those goods in compliance with the conditions (if any) of the relevant exemption. > > > > > (b) (Repealed) > > > > exercise a function includes perform a duty. > > > > forensic institution means— > > > > > (a) an institution that is under the control of a public health organisation (within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)), or > > > > > (b) an accredited pathology laboratory under the [Health Insurance Act 1973](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (c) an institution that is under the control of the Health Administration Corporation, > > > > at which post-mortem examinations of human bodies are carried out, but does not include a hospital. > > > > function includes a power, authority or duty. > > > > governing body means— > > > > > (a) in relation to a hospital— > > > > > > > (i) in the case of a public hospital that is controlled by a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)—the public health organisation, or > > > > > > > (ii) in the case of a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154) that is controlled by the Crown (including the Minister or the Health Administration Corporation)—the Crown, or > > > > > > > (iii) in the case of a private health facility within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009)—the licensee of the facility, or > > > > > (b) in relation to a forensic institution— > > > > > > > (i) in the case of a forensic institution that is controlled by a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)—the public health organisation, or > > > > > > > (ii) in the case of an accredited pathology laboratory under the [Health Insurance Act 1973](http://www.legislation.gov.au/) of the Commonwealth—the person in charge of the laboratory (however designated), or > > > > > > > (iii) in the case of a forensic institution that is controlled by the Health Administration Corporation—the Health Secretary. > > > > Health Secretary means the Secretary of the Ministry of Health. > > > > hospital means— > > > > > (a) a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or > > > > > (b) a private health facility within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009). > > > > inspector means a person appointed as an inspector under Part 7A. > > > > medical, dental or surgical treatment means any medical, dental or surgical treatment carried out by, or under the supervision of, a medical practitioner or dentist with respect to a living person in the interests of the health of the person. > > > > next of kin means— > > > > > (aa) in relation to a child who is living—a person referred to in paragraph (aa) of the definition of senior available next of kin, and > > > > > (a) in relation to a deceased child—a person referred to in paragraph (a) of the definition of senior available next of kin, and > > > > > (b) in relation to any other deceased person—a person referred to in paragraph (b) of that definition. > > > > non-regenerative tissue means tissue other than regenerative tissue. > > > > premises includes any means of vehicular transport. > > > > prescribed contaminant means an organism or substance declared by the regulations to be a prescribed contaminant for the purposes of this Act. > > > > record includes book, account, deed, writing, document and any other source of information compiled, recorded or stored in written form, or on micro-film, or by electronic process, or in any other manner or by any other means. > > > > regenerative tissue means tissue that, after injury or removal, is replaced in the body of a living person by natural processes of growth or repair. > > > > regulation means a regulation made under this Act. > > > > senior available next of kin, other than in Part 4A, means— > > > > > (aa) in relation to a child who is living— > > > > > > > (i) a parent of the child, or > > > > > > > (ii) if no person referred to in subparagraph (i) is available—a person who is a guardian of the child, and > > > > > (a) in relation to a deceased child— > > > > > > > (i) a parent of the child, > > > > > > > (ii) where a parent of the child is not available—a brother or sister of the child, being a brother or sister who has attained the age of 18 years, or > > > > > > > (iii) where no person referred to in subparagraph (i) or (ii) is available—a person who was a guardian of the child immediately before the death of the child, and > > > > > (b) in relation to any other deceased person— > > > > > > > (i) a person who was a spouse of the deceased person immediately before the deceased person’s death, > > > > > > > (ii) where the deceased person, immediately before death, had no spouse or where the deceased person had a spouse but the person who was then the deceased person’s spouse is not available—a son or daughter (if any) of the deceased person, being a son or daughter who has attained the age of 18 years, > > > > > > > (iii) where no person referred to in subparagraph (i) or (ii) is available—a parent of the deceased person, or > > > > > > > (iv) where no person referred to in subparagraph (i), (ii) or (iii) is available—a brother or sister of the deceased person, being a brother or sister who has attained the age of 18 years. > > > > spouse means— > > > > > (a) the person to whom a person is legally married (including the husband or wife of a person), or > > > > > (b) a de facto partner, > > > > but where more than one person would so qualify as a spouse, means only the last person so to qualify. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > > supply means supply by way of sale, exchange or gift, and includes receive, keep or store for the purpose of supply. > > > > tissue includes an organ, or part, of a human body and a substance extracted from, or from a part of, the human body. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (1A) The regulations may— > > > > > (a) prescribe additional bodily materials or classes or types of bodily materials as tissue for the purposes of this Act, and > > > > > (b) exclude bodily materials or classes or types of bodily materials from being tissue for the purposes of this Act. > > > (2) In this Act— > > > > > (a) a reference to a parent of a person includes a reference to the following— > > > > > > > (i) a step-parent of the person, > > > > > > > (ii) an adoptive parent of the person, > > > > > > > (iii) the Minister administering the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), if the Minister has sole parental responsibility in respect of the person (whether under that Act or otherwise), > > > > > (b) a reference to a son or daughter of a person includes a reference to any person of whom the person is a parent, > > > > > (c) a reference to a brother or sister of a person includes a reference to any person who is a son or daughter of a parent of the person, and > > > > > (d) (Repealed) > > > (2A) In this Act, except in so far as the context or subject-matter otherwise indicates or requires, a reference to tissue includes a reference to— > > > > > (aa) blood, > > > > > (a) ova and semen, and > > > > > (b) foetal tissue. > > > (3) In this Act, a reference to the transplantation of tissue includes a reference to— > > > > > (a) the transplantation of any part of the tissue, and > > > > > (b) the transplantation of any substance obtained from the tissue, > > > > and, without limiting the generality of the foregoing, includes a reference to the transfusion of blood. > > > (4) In this Act, a reference to the removal of blood (however expressed) for any specified purpose includes a reference to the removal of blood so that a product to be derived or extracted from that blood may be used for that purpose. > > > (5) In this Act, a reference to tissue removed from the body of a living person in the course of medical, dental or surgical treatment includes— > > > > > (a) tissue expelled from the body of the person in the course of the treatment, and > > > > > (b) all tissue removed or expelled from the body of the person in the course of the treatment, even if the person dies during the course of the treatment. > > > (6) In this Act, a reference to medical or scientific purposes includes educational purposes connected with medicine or science. > > > (7) For the purposes of this Act, a child is in the care of the State if— > > > > > (a) a Minister administering the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) has sole parental responsibility in respect of the child (whether under that Act or otherwise), or > > > > > (b) the Secretary under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) has sole parental responsibility in respect of the child (whether under that Act or otherwise). > > > (8) For this Act, the principal care officer, in relation to a child in the care of the State, means the Secretary under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157). > > **s 4:** Am 1985 No 61, Sch 1 (2); 1986 No 53, Sch 1; 1987 No 144, Sch 1 (1); 1997 No 154, Sch 6.18 \[1\] \[2\]; 1999 No 4, Sch 2.12 \[1\]–\[3\]; 2003 No 18, Sch 2 \[1\]–\[6\]; 2003 No 45, Sch 2.7 \[1\]; 2004 No 37, Sch 2 \[1\] \[2\]; 2005 No 82, Sch 2 \[1\]; 2007 No 9, Sch 5.14 \[1\] \[2\]; 2007 No 69, Sch 2.2 \[1\]–\[4\]; 2008 No 87, Sch 1 \[1\]; 2010 No 19, Sch 3.47 \[1\] \[2\]; 2010 No 34, Sch 2.28; 2013 No 47, Sch 1.15 \[1\] \[2\]; 2018 No 2, Sch 3 \[1\]–\[3\]; 2018 No 28, Sch 1.14; 2020 No 32, Sch 4\[1\]; 2022 No 41, Sch 5\[1\]; 2024 No 13, Sch 1\[1\].