Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated ActsDictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• chief health officer
• doctor
• enrolled nurse
• judge
• nurse
• penalty unit (see s 133)
• person
• Supreme Court.
"child" means a person who—
(a) has not turned 18 years old; and
(b) is not in a domestic partnership.
Note For the meaning of domestic partnership, see Legislation Act, s 169.
"coroner" means a person who is a coroner for the ACT.
"designated officer", in relation to a hospital, means a person appointed under section 5 to be a designated officer for that hospital.
"next of kin" means—
(a) for a dead child—someone mentioned in the definition of "senior available next of kin", paragraph (a) (i), (ii) or (iii); or
(b) for any other dead person—someone mentioned in that definition, paragraph (b) (i), (ii), (iii), (iv) or (v).
"non-regenerative tissue" means tissue other than regenerative tissue.
"parent", for division 2.3 (Donations from children)—see section 12.
"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.
"school of anatomy", for part 5 (Donations for anatomical purposes)—see section 36.
"senior available next of kin" means—
(a) for a dead child—
(i) if a parent of the child is available—the parent; or
(ii) if a parent of the child is not available—an adult brother or sister of the child who is available; or
(iii) if no-one mentioned in subparagraph (i) or (ii) is available—someone who was the child's guardian immediately before the child's death and who is available; and
(b) for any other dead person—
(i) if the person was, immediately before his or her death, party to a domestic partnership and the person who was then his or her domestic partner is available—the domestic partner; or
(ii) if the person was, immediately before his or her death, party to a domestic partnership but the person who was then his or her domestic partner is not available— an adult son or daughter of the dead person who is available; or
(iii) if the person was not, immediately before his or her death, party to a domestic partnership—an adult son or daughter of the dead person who is available; or
(iv) if no-one mentioned in subparagraph (i), (ii) or (iii) is available but a parent of the dead person is available—the parent; or
(v) if no-one mentioned in subparagraph (i), (ii), (iii) or (iv) is available— an adult brother or sister of the dead person who is available.
Note For the meaning of domestic partner and domestic partnership, see Legislation Act, s 169.
"tissue—"
(a) for this Act generally—includes an organ, or part, of a human body or a substance extracted from, or from a part of, the human body; and
(b) for part 2 (Donations of tissue by living persons)—see section 6.
"transplantation" of tissue—see section 4.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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A = Act |
NI = Notifiable instrument |
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AF = Approved form |
o = order |
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am = amended |
om = omitted/repealed |
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amdt = amendment |
ord = ordinance |
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AR = Assembly resolution |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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CN = Commencement notice |
pres = present |
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def = definition |
prev = previous |
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DI = Disallowable instrument |
(prev...) = previously |
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dict = dictionary |
pt = part |
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disallowed = disallowed by the Legislative |
r = rule/subrule |
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Assembly |
reloc = relocated |
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div = division |
renum = renumbered |
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exp = expires/expired |
R[X] = Republication No |
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Gaz = gazette |
RI = reissue |
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hdg = heading |
s = section/subsection |
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IA = Interpretation Act 1967 |
sch = schedule |
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ins = inserted/added |
sdiv = subdivision |
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LA = Legislation Act 2001 |
SL = Subordinate law |
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LR = legislation register |
sub = substituted |
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underlining = whole or part not commenced |
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mod = modified/modification |
or to be expired |
This Act was originally a Commonwealth ordinance—the Transplantation and Anatomy Ordinance 1978 No 44 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Transplantation and Anatomy Act 1978 No 44
notified 19 December 1978
commenced 29 December 1978 (s 2 and Cwlth Gaz 1978 No S290)
as amended by
Community and Health Service (Consequential Provisions) Ordinance 1988 No 29
notified 30 June 1988
commenced 2 July 1988
Nurses (Consequential Amendments) Ordinance 1988 No 62
notified 7 September 1988
commenced 5 December 1988 (Cwlth Gaz 1988 No S369)
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Health Services (Consequential Provisions) Act 1990 No 63 sch 1
notified 28 December 1990 (Gaz 1990 No S102)
s 1, s 2 commenced 28 December 1990 (s 2 (1))
sch 1 commenced 31 January 1991 (s 2 (2) and Gaz 1991 No S4)
Guardianship and Management of Property (Consequential Provisions) Act 1991 No 63 pt 4
notified 31 October 1991 (Gaz 1991 No S119)
s 1, s 2 commenced 31 October 1991 (s 2 (1))
pt 4 commenced 7 January 1992 (s 2 (2) and Gaz 1991 No S147)
Health (Consequential Provisions) Act 1993 No 14 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993 (s 2)
Coroners (Consequential Provisions) Act 1997 No 58 sch 2
notified 9 October 1997 (Gaz 1997 No S300)
commenced 9 October 1997 (s 2)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Transplantation and Anatomy (Amendment) Act 1999 No 6
notified 1 March 1999 (Gaz 1999 No S8)
commenced 1 March 1999 (s 2)
Transplantation and Anatomy Amendment Act 2000 No 45
notified 28 September 2000 (Gaz 2000 No 39)
commenced 28 September 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 391
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 391 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 1.7
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.33
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
pt 1.33 commenced 28 March 2003 (s 2)
Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 1 pt 1.16
notified LR 18 February
2004
s 1, s 2 commenced 18 February 2004 (LA s 75
(1))
sch 1 pt 1.16 commenced 22 March 2004 (s 2 and
CN2004-4)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.92
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.92 commenced 9 April 2004 (s 2 (1))
Health Professionals Legislation Amendment Act 2004 A2004-39 sch 6 pt 6.10
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 6 pt 6.10 commenced 17 January 2006 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1) and CN2006-2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.105
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.105 commenced 30 May 2007 (s 2 (2) and see Powers of Attorney Act 2006 A2006-50, s 2 and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.51
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.51 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.70
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.70 commenced 22 September 2009 (s 2)
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.19
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
sch 2 pt 2.19 commenced 1 July 2010 (s 2 (1) (a))
Transplantation and Anatomy Amendment Act 2012 A2012-5
notified LR 29 February 2012
s 1, s 2 commenced 29 February 2012 (LA s 75 (1))
remainder commenced 1 March 2012 (s
2)
Dictionary
s
2 om R4 LRA
ins A2007-3 amdt
3.522
Notes
s
3 om R4 LRA
ins A2007-3 amdt
3.522
Meaning of
transplantation
s 4 am
1988 No 29; 1988 No 62
defs reloc to
dict A2007-3 amdt 3.521
sub A2007-3
amdt 3.522
def board
ins 1990 No 63 sch
1
om 1993 No 14 sch
1
def service om 1990
No 63 sch 1
Designated
officers
s 5 am 1988 No 29; 1990
No 63 sch 1; 1993 No 14 sch 1; A2009-20 amdt 3.201, amdt 3.202; A2010-10 amdt
2.118
sub A2012-5 s
4
Exclusion of certain
tissue
div 2.1 hdg (prev pt 2 div
1 hdg) renum R5 LA
Donations by
adults
div 2.2 hdg (prev pt 2 div
2 hdg) renum R5 LA
Doctor may give certificate in relation to
consent
s 10 hdg am A2010-10 amdt
2.118
s 10 am A2010-10 amdt
2.118
Donations from
children
div 2.3 hdg (prev pt 2
div 3 hdg) renum R5 LA
Removal for transplantation of regenerative
tissue from body of child
s 13 am
A2010-10 amdt 2.118
Removal for transplantation of
non-regenerative tissue from body of
child
s 14 am A2009-20 amdt
3.203; A2010-10 amdt 2.118
Effect of consents and
authorities
div 2.4 hdg (prev pt
2 div 4 hdg) renum R5 LA
Effect of consent under s
8
s 15 am A2010-10 amdt
2.118
Effect of consent under s
9
s 16 am A2010-10 amdt
2.118
Effect of consent by
ACAT
s 16A hdg sub A2008-36 amdt
1.642
s 16A ins 1991 No
63
am A2008-36 amdt 1.643; A2010-10
amdt 2.118
Effect of consent under s
13
s 17 am A2010-10 amdt
2.118
Effect of authority under s
14
s 18 am A2010-10 amdt
2.118
When written consent not sufficient
authority
s 19 am 1991 No 63;
A2010-10 amdt 2.118
Blood
div
2.5 hdg (prev pt 2 div 5 hdg) renum R5 LA
Consents by people 16 years old or older to
removal of blood
s 20 hdg sub
2000 No 45 s 4
s 20 am 2000 No 45 s
4
Consents to removal of blood from children
under 16 years old
s 21 hdg sub
2000 No 45 s 5
s 21 am 2000 No 45 s
5; A2010-10 amdt 2.118
Administration of blood transfusions to
children without parental
consent
s 23 am A2010-10 amdt
2.118
Revocation of consent or
agreement
div 2.6 hdg (prev pt 2
div 6 hdg) renum R5 LA
Revocation of
consent
s 24 am 1988 No 62;
A2010-10 amdt 2.114, amdt 2.118
Child no longer in agreement with removal
and transplantation
s 25 am 1988
No 62; A2010-10 amdt 2.115, amdt 2.118
De facto
spouses
s 26 om A2003-14 amdt
1.105
Authority to remove tissue if body of
deceased at hospital
s 27 am
A2007-3 amdt 3.525
Authority to remove tissue if body of
deceased not at hospital
s 28 am
A2007-3 amdt 3.525
Consent by
coroner
s 29 am 1989 No 38 sch 1;
1997 No 58 sch 2; A2010-10 amdt 2.118
Certificate of specialist etc required in
certain situations
s 30 am 1998
No 54 sch; 2001 No 56 amdt 1.79, amdt 1.80; A2010-10 amdt 2.118
Effect of authority under pt
3
s 31 am 1999 No 6; ss renum R5
LA; A2007-3 amdt 3.523; A2010-10 amdt 2.118; A2012-5 ss 5-7; ss renum R14
LA
Authority for post-mortem
examination
s 32 am A2007-3 amdt
3.525
Authority for post-mortem examination if
body of deceased not at
hospital
s 33 am A2007-3 amdt
3.525
Consent by
coroner
s 34 am 1989 No 38 sch 1;
1997 No 58 sch 2; A2010-10 amdt 2.118
Effect of authority under pt
4
s 35 am 1997 No 58 sch 2;
A2010-10 amdt 2.118; A2012-5 s 8
Meaning of school of anatomy—pt
5
s 36 am 1989 No 38 sch
1
Authority for anatomy if body of deceased at
hospital
s 37 am A2007-3 amdt
3.525
Authority for anatomy if body of deceased
not at hospital
s 38 am A2007-3
amdt 3.525
Consent by
coroner
s 40 am 1989 No 38 sch 1;
1997 No 58 sch 2; A2010-10 amdt 2.118
Schools of
anatomy
s 42 am 2001 No 44 amdts
1.4086-1.4090; A2009-20 amdt 3.204
Regulations for the control etc of schools
of anatomy
s 43 am 2001 No 44
amdt 1.4091, amdt 1.4092
Certain contracts not to be entered
into
s 44 am 1998 No 54 sch;
A2010-10 amdt 2.118
Act does not prevent specified removals of
tissue etc
s 46 am A2010-10 amdt
2.118
Offences
s
48 am 1997 No 58 sch 2; 1998 No 54 sch; A2004-15 amdt 2.198; pars renum R8 LA
(see A2004-15 amdt 2.199)
Disclosure of
information
s 49 am 1998 No 54
sch; 1999 No 6; A2010-10 amdt
2.118;
A2012-5 s 9
Amendment of Seat of Government
(Administration) Ordinance 1930
s
50 om R4 LRA
Regulation-making
power
s 51 am 1989 No 38 sch 1;
1998 No 54 sch
sub 2001 No 44 amdt
1.4093
am A2009-20 amdt
3.205
Dictionary
dict ins
A2007-3 amdt 3.524
am A2008-36 amdt
1.644; A2010-10 amdt 2.116
def
child am A2004-2 amdt
1.54
reloc from s 4 A2007-3 amdt
3.521
def coroner
reloc from s 4 A2007-3 amdt
3.521
def designated officer
reloc from s 4 A2007-3 amdt
3.521
def enrolled
nurse sub A2004-39 amdt
6.12
reloc from s 4 A2007-3 amdt
3.521
om A2010-10 amdt
2.117
def medical practitioner
reloc from s 4 A2007-3 amdt
3.521
om A2010-10 amdt
2.117
def next of kin
sub A2003-14 amdt
1.103
reloc from s 4 A2007-3 amdt
3.521
def non-regenerative
tissue reloc from s 4 A2007-3
amdt 3.521
def parent
ins A2009-20 amdt 3.206
def
regenerative tissue reloc from s 4 A2007-3
amdt 3.521
def registered
nurse sub A2004-39 amdt
6.13
reloc from s 4 A2007-3 amdt
3.521
om A2010-10 amdt
2.117
def school of anatomy
ins A2007-3 amdt 3.524
def
senior available next of kin sub A2003-14 amdt
1.104
reloc from s 4 A2007-3 amdt
3.521
def tissue ins
A2009-20 amdt 3.207
def tissue
reloc from s 4 A2007-3
amdt 3.521
om A2009-20 amdt
3.207
def "tissue",
for pt 2 ins A2007-3 amdt
3.524
om A2009-20 amdt
3.207
def transplantation
ins A2007-3 amdt 3.524
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|
1 |
Act 1990 No 63 |
30 September 1991 |
|
2 |
Act 1993 No 14 |
30 April 1993 |
|
3 |
Act 1999 No 6 |
31 March 1999 |
|
4 |
Act 2000 No 45 |
23 October 2000 |
|
5 |
Act 2001 No 56 |
17 January 2002 |
|
6 |
A2003-14 |
28 March 2003 |
|
7 |
A2004-2 |
22 March 2004 |
|
8 |
A2004-15 |
9 April 2004 |
|
9 |
A2004-39 |
17 January 2006 |
|
10 |
A2007-3 |
30 May 2007 |
|
11* |
A2008-36 |
2 February 2009 |
|
12 |
A2009-20 |
22 September 2009 |
|
13 |
A2010-10 |
1 July 2010 |
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