TASIn ForceAct
Human Tissue Act 1985
13Medical practitioner may give certificate in relation to consent
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### 13 Medical practitioner may give certificate in relation to consent
> [*\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hpa@EN) A medical practitioner may certify in writing in relation to a consent given under [section 12](#GS12@EN) , being a consent the terms of which are set out in the certificate, that –
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> > > (a) [*\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hpb@EN) the consent was given in the medical practitioner’s presence;
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> > > (b) [*\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@EN) the medical practitioner explained to the child and to any parent of the child before the consent was given the nature, consequences and risks of the removal from the body of the child of the tissue specified in the consent and the nature of the transplantation of that tissue; and
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> > > (c) [*\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hpf@EN) the medical practitioner is satisfied that –
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> > > > > (i) [*\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hpg@EN) at the time the consent was given, the person or persons consenting understood the nature, consequences and risks of the removal of the tissue and the nature of the transplantation; and
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> > > > > (ii) [*\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hph@EN) the consent was freely given by the person or persons consenting.