Queensland Consolidated Acts

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TRANSPLANTATION AND ANATOMY ACT 1979 - SECT 4

4 Interpretation

(1) In this Act--

chief health officer means the chief health officer under the Health Services Act 1991, section 57B.

coroner means a coroner under the Coroners Act 1958 or Coroners Act 2003.

dental practitioner means a person registered under the Health Practitioner Regulation National Law--

(a) to practise in the dental profession as a dentist, other than as a student; and
(b) in the dentists division of that profession.

designated officer means a person who pursuant to section 6 is declared to be or is appointed a designated officer.

hospital means--

(a) any public sector hospital under the Health Services Act 1991; or
(c) a private hospital under the Private Health Facilities Act 1999 declared under section 5 to be a hospital under this Act; or
(d) the Mater Misericordiae Public Hospital at Brisbane.

next of kin means--

(a) in relation to a child--a person referred to in paragraph (a)(i) to (iv) of the definition senior available next of kin; or
(b) in relation to any other person--a person referred to in paragraph (b)(i) to (iv) of that definition.

non-regenerative tissue means tissue other than regenerative tissue.

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 means a school of anatomy established or declared to be established under the authority of section 37.

senior available next of kin means--

(a) in relation to a child--the first of the following persons who in the following order of priority, is reasonably available--
(i) the spouse of the child;
(ii) a parent of the child;
(iii) a brother or sister, who has attained the age of 18 years, of the child;
(iv) a guardian of the child; and
(b) in relation to any other person--the first of the following persons who, in the following order of priority, is reasonably available--
(i) the spouse of the person;
(ii) a son or daughter, who has attained the age of 18 years, of the person;
(iii) a parent of the person;
(iv) a brother or sister, who has attained the age of 18 years, of the person.

tissue means--

(a) an organ, blood or part of--
(i) a human body; or
(ii) a human foetus; or
(b) a substance extracted from an organ, blood or part of--
(i) a human body; or
(ii) a human foetus;
but does not include--
(c) immunoglobulins; or
(d) laboratory reagents, or reference and control materials, derived wholly or in part from pooled human plasma.

(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.

(3) A person who is acknowledged by general repute at the death of a deceased person to be a member of any of the classes of persons specified in the term senior available next of kin shall be deemed to be a member of that class without further inquiry.

(4) If more than 1 person is a spouse of a deceased person, only the person who most recently became the deceased person's spouse is the deceased person's spouse for the definition senior available next of kin.



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