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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Human Tissue Legislation Amendment
Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Human Tissue Act 1983 No 164 3
Schedule 2 Amendment of Anatomy Act 1977 No 126 5
b2012-097-25.d11
New South Wales
Human Tissue Legislation Amendment
Bill 2012
No , 2012
A Bill for
An Act to amend the Human Tissue Act 1983 to make further provision with respect
to the removal of tissue from a deceased person; and to amend the Anatomy Act 1977
to make further provision with respect to the authorisation of anatomical
examinations.
Clause 1 Human Tissue Legislation Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Human Tissue Legislation Amendment Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Human Tissue Legislation Amendment Bill 2012
Amendment of Human Tissue Act 1983 No 164 Schedule 1
Schedule 1 Amendment of Human Tissue Act 1983 1
No 164 2
[1] Section 23 Authority to remove tissues where body of deceased at 3
hospital 4
Omit section 23 (3) (a). Insert instead: 5
(a) the deceased person had not, during the person's lifetime, 6
expressed an objection to the removal of tissue from the 7
person's body after the person's death or, if the person had 8
expressed such an objection, based on the most recent 9
views expressed by the deceased person, the person no 10
longer had an objection to the removal of tissue from the 11
person's body, and 12
[2] Section 24 Authority to remove tissue where body of deceased not at a 13
hospital 14
Omit section 24 (4) (a). Insert instead: 15
(a) the deceased person had, during the person's lifetime, 16
expressed an objection to the removal of tissue from the 17
person's body after the person's death unless, based on the 18
most recent views expressed by the deceased person, it 19
appears that the person no longer had an objection to the 20
removal of tissue from the person's body, or 21
[3] Section 27 Effect of authority under this Part 22
Insert "cardiovascular or" before "musculoskeletal tissue" in section 27 (1A) 23
wherever occurring. 24
[4] Section 27 (1B) 25
Insert after section 27 (1A): 26
(1B) Despite subsection (1A), an authority under this Part which 27
authorises the removal of tissue for the purpose of the 28
transplantation of cardiovascular tissue is not sufficient authority 29
for a person other than a medical practitioner to remove the whole 30
of a heart for the purpose of a heart transplant. 31
[5] Section 27A 32
Insert after section 27: 33
27A Guidelines for removal of tissue after death 34
The Director-General may issue guidelines relating to the 35
removal of tissue after death, including in relation to recording 36
Page 3
Human Tissue Legislation Amendment Bill 2012
Schedule 1 Amendment of Human Tissue Act 1983 No 164
reasons for not proceeding with the removal of tissue from the 1
body of a deceased person, where the deceased person has given 2
consent but the family has objected. 3
[6] Schedule 1 Savings, transitional and other provisions 4
Insert at the end of clause 1 (1): 5
Human Tissue Legislation Amendment Act 2012 6
[7] Schedule 1 7
Insert at the end of the Schedule with appropriate Part and clause numbering: 8
Part Provision consequent on enactment of 9
Human Tissue Legislation Amendment 10
Act 2012 11
Authority to remove tissue where prior objection or views 12
expressed 13
Sections 23 and 24, as amended by the Human Tissue Legislation 14
Amendment Act 2012, extend to any relevant expression of 15
objection or views that occurred before the commencement of 16
that Act. 17
Page 4
Human Tissue Legislation Amendment Bill 2012
Amendment of Anatomy Act 1977 No 126 Schedule 2
Schedule 2 Amendment of Anatomy Act 1977 No 126 1
[1] Section 8 Authority for anatomical examination where body of deceased 2
at a hospital or forensic institution 3
Omit section 8 (3) (a). Insert instead: 4
(a) the deceased person had not, during the person's lifetime, 5
expressed an objection to the anatomical examination of 6
the person's body after the person's death or, if the person 7
had expressed such an objection, based on the most recent 8
views expressed by the deceased person, the person no 9
longer had an objection to the anatomical examination of 10
the person's body, and 11
[2] Section 8A Authority for anatomical examination where body of 12
deceased not at a hospital or forensic institution 13
Omit section 8A (4) (a). Insert instead: 14
(a) the deceased person had, during the person's lifetime, 15
expressed an objection to the anatomical examination of 16
the person's body after the person's death unless, based on 17
the most recent views expressed by the deceased person, it 18
appears that the person no longer had an objection to the 19
anatomical examination of the person's body, or 20
Page 5
Human Tissue Legislation Amendment Bill 2012
Schedule 2 Amendment of Anatomy Act 1977 No 126
[3] Schedule 2 Savings, transitional and other provisions 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provision consequent on enactment of 3
Human Tissue Legislation Amendment 4
Act 2012 5
Authority for anatomical examination where prior objection or 6
views expressed 7
Sections 8 and 8A, as amended by the Human Tissue Legislation 8
Amendment Act 2012, extend to any relevant expression of 9
objection or views that occurred before the commencement of 10
that Act. 11
Page 6
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