244Transitional provisions for blood and tissue donations

244 Transitional provisions for blood and tissue donations (1) Division 7 of Part VI of the **Health Act 1958** as in force immediately before the commencement of section 150 continues to apply in respect of any proceedings in an action referred to in section 132 or 133 of that Act commenced before that commencement as if the **Health Act 1958** had not been repealed. (2) Sections 135 and 136 of the **Health Act 1958** as in force immediately before the commencement of section 150 continue to apply to any donation where the donor statement was signed before that commencement as if the **Health Act 1958** had not been repealed. (3) Section 151 does not apply in relation to— (a) a Hepatitis C infection that occurred or was transmitted by a blood donation made before 5 February 1990; (b) a HIV infection that occurred or was transmitted by a blood donation made before 30 June 1985. (4) Section 152 does not apply in relation to— (a) a Hepatitis C infection that occurred or was transmitted by a tissue donation made before 16 May 1995; (b) a HIV infection that occurred or was transmitted by a tissue donation made before 15 May 1990. (5) For the purposes of section 151, if a blood donation occurred— (a) on or after 15 May 1990 but before the commencement of section 150, the form approved by the Secretary and published in the Government Gazette is the prescribed form for the purposes of the table to section 132 of the **Health Act 1958** that applied at the time that the donation occurred; (b) on or after 30 June 1985 but before 15 May 1990, the form approved by the Secretary and published in the Government Gazette is the prescribed form for the purposes of section 139A of the **Health Act 1958** that applied at the time that the donation occurred. (6) For the purposes of section 152, if a tissue donation occurred before the commencement of section 150 but on or after 15 May 1990, the form approved by the Secretary and published in the Government Gazette is the prescribed form for the purposes of the table to section 133 of the **Health Act 1958** that applied at the time that the donation occurred. (7) If the testing of a sample occurred before the commencement of section 150, the testing of the sample was conducted in an approved manner if the sample was tested— (a) in relation to a test for Hepatitis C for the purposes of section 151, on or after 5 February 1990 but before 26 November 1991, using the ABBOTT HCV EIA test; (b) in relation to a test for Hepatitis C for the purposes of section 151, on or after 26 November 1991 but before 16 May 1995 using the ABBOTT HCV EIA Second Generation test; (c) in relation to a test for Hepatitis C for the purposes of section 151, on or after 16 May 1995 but before the commencement of section 150 in a manner approved by the Secretary under section 132 of the **Health Act 1958** that applied at the time that the test occurred; (d) in relation to a test for Hepatitis C for the purposes of section 152, on or after 16 May 1995 but before the commencement of section 150 in a manner approved by the Secretary under section 133 of the **Health Act 1958** that applied at the time that the test occurred; (e) in relation to a test for HIV for the purposes of section 151 or 152 conducted on or after 15 May 1990 but before the commencement of section 150 in a manner approved by the Secretary under section 132 or 133 of the **Health Act 1958** that applied at the time that the test occurred; (f) in relation to a test for HIV for the purposes of section 151 conducted on or after 30 June 1985 but before 15 May 1990, in accordance with the requirements under section 139A of the **Health Act 1958** that applied at the time that the test occurred. (8) If a donation of semen was used before the commencement of section 150— (a) for the purposes of paragraph (c)(ii) of column 2 of Table 2 in the Schedule, the prescribed period is 6 months; (b) for the purposes of paragraph (c)(iv) of column 2 of Table 2 in the Schedule, the prescribed quarantine period is 6 months. (9) If a blood donation occurred before the commencement of section 150 but on or after 15 May 1990— (a) in respect of which the defence under Item 2, column 2, paragraph (c) of the table to section 132 of the **Health Act 1958** applied at the time that the donation occurred, that defence is a defence in the proceedings for the purposes of section 151; or (b) in respect of which the defence under Item 3, column 2 of the table to section 132 of the **Health Act 1958** applied at the time that the donation occurred, because it incorporated Item 2, column 2, paragraph (c) of the table, that defence is a defence in the proceedings for the purposes of section 151. S. 244(10) inserted by No. 15/2022 s. 17. (10) In this section— ***HIV*** means the human immuno-deficiency virus which is a causative agent of the acquired immune deficiency syndrome and other related conditions.