TASIn ForceAct
Human Tissue Act 1985
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### 3 Interpretation
> *\[Section 3 Subsection (1) amended by No. 74 of 1995, s. 3 and Sched. 1 \]**\[Section 3 Subsection (1) amended by No. 100 of 1995, s. 97 and Sched. 7 \]*
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> > (1) *\[Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 \]*In this Act, unless the contrary intention appears –
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> > > [*\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpa@EN) ***affected deceased person*** means a deceased person whose death is a reportable death within the meaning of the [Coroners Act 1995](/view/html/inforce/2026-04-12/act-1995-073) ;
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> > [*\[Section 3 Subsection (1) amended by No. 11 of 2024, s. 4, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS4@Hpa@EN)
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> > > [*\[Section 3 Subsection (1) amended by No. 11 of 2024, s. 4, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS4@Hpa@EN) ***child*** means a person who has not attained the age of 18 years;
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> > > ***coroner*** means a coroner within the meaning of the [Coroners Act 1995](/view/html/inforce/2026-04-12/act-1995-073) ;
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> > > ***designated officer***, in relation to a hospital, means a person appointed under [section 4](#GS4@EN) to be a designated officer for that hospital;
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> > > [*\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpb@EN) ***diagnostic purposes*** means the purposes of determining –
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> > > > > (a) the cause of a deceased person's death; or
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> > > > > (b) other medical issues, or the extent of other medical issues, relating to the health of a deceased person;
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> > > [*\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpb@EN) ***hospital manager*** means the person that has the day-to-day administrative control of the hospital;
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> > [*\[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja34@GC1@Hpa@EN)
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> > > ***next of kin*** means –
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> > > > > (a) [*\[Section 3 Subsection (1) amended by No. 11 of 2024, s. 4, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS4@Hpb@EN) in relation to a deceased child who was not married – a person referred to in [paragraph (a)(i)](#GS3@Gs1@Nd9@Hpa@EN) , [(ii)](#GS3@Gs1@Nd9@Hpa@Hqii@EN) , or [(iii)](#GS3@Gs1@Nd9@Hpa@Hqiii@EN) of [the definition of ***senior available next of kin***](#GS3@Gs1@Nd9@EN) ; and
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> > > > > (b) in relation to any other deceased person – a person referred to in [paragraph (b)](#GS3@Gs1@Nd9@Hpb@EN) [(i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) , [(ii)](#GS3@Gs1@Nd9@Hpb@Hqii@EN) , [(iii)](#GS3@Gs1@Nd9@Hpb@Hqiii@EN) , or [(iv)](#GS3@Gs1@Nd9@Hpb@Hqiv@EN) of that definition;
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> > > [*\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpc@EN) ***non-coronial autopsy*** means an autopsy that is authorised under [Part IIIA](#HPIIIA@EN) ;
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> > > ***non-regenerative tissue*** means tissue other than regenerative tissue;
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> > > ***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;
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> > [*\[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja34@GC1@Hpb@EN)
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> > > ***senior available next of kin*** means –
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> > > > > (a) [*\[Section 3 Subsection (1) amended by No. 11 of 2024, s. 4, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS4@Hpc@EN) in relation to a deceased child who was not married –
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> > > > > > > (i) where a parent of the child is available – a parent of the child;
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> > > > > > > (ii) where a parent of the child is not available – a brother or sister of the child who has attained the age of 18 years and is available; or
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> > > > > > > (iii) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpa@Hqi@EN) or [(ii)](#GS3@Gs1@Nd9@Hpa@Hqii@EN) is available – a person who was the guardian of the child immediately before the death of the child and is available; and
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> > > > > (b) in relation to any other deceased person –
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> > > > > > > (i) [*\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja34@GC1@Hpc@EN) [*\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja34@GC1@Hpb@EN) [*\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja34@GC1@Hpa@EN) where the person, immediately before his death, was married or in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , and the person who was then his spouse or partner in the significant relationship is available – the person who was his spouse or partner;
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> > > > > > > (ii) [*\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja34@GC1@Hpd@EN) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) is available – a son or daughter of the person who has attained the age of 18 years and is available;
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> > > > > > > (iii) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) or [(ii)](#GS3@Gs1@Nd9@Hpb@Hqii@EN) is available but a parent of the person is available – that parent; or
> > > > > >
> > > > > > > (iv) [*\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpd@EN) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) , [(ii)](#GS3@Gs1@Nd9@Hpb@Hqii@EN) , or [(iii)](#GS3@Gs1@Nd9@Hpb@Hqiii@EN) is available – a brother or sister of the person who has attained the age of 18 years and is available; or
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> > > > > > > (v) [*\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpe@EN) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) , [(ii)](#GS3@Gs1@Nd9@Hpb@Hqii@EN) , [(iii)](#GS3@Gs1@Nd9@Hpb@Hqiii@EN) or [(iv)](#GS3@Gs1@Nd9@Hpb@Hqiv@EN) is available and the deceased person is an Aboriginal person within the meaning of the *Aboriginal and Torres Strait Islander Commission Act 1989* of the Commonwealth – a person who is an appropriate person according to the customs and the tradition of the community or group that the deceased person belonged to;
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> > > [*\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpf@EN) ***therapeutic, medical or scientific purpose*** includes –
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> > > > > (a) the teaching of therapeutic techniques, medicine or science; and
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> > > > > (b) medical or scientific research; and
> > > >
> > > > > (c) any other purpose prescribed in the regulations for this definition;
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> > > ***tissue*** includes an organ, or part, of a human body or a substance extracted from, or from a part of, the human body.
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> > (2) A reference in this Act to the transplantation of tissue shall be read as including a reference to the transplantation of any part of the tissue and to the transplantation of a substance obtained from the tissue.