Queensland Consolidated Acts

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TRANSPLANTATION AND ANATOMY ACT 1979 - SECT 48

48 Offences in relation to removal of tissue

(1) A person shall not--

(a) remove tissue (other than blood) from the body of a living person for use for any of the purposes referred to in section 10 or 11 except in pursuance of a consent or an authority that is, under part 2, division 3, sufficient authority for the person to remove the tissue or as authorised under part 2, division 6; or
(b) remove blood from the body of a living person for any of the purposes referred to in section 17 except in pursuance of a consent that is, under part 2, division 4, sufficient authority for the removal of the blood; or
(c) remove tissue from the body of a deceased person for any of the purposes referred to in section 22(1) or 23(1)--
(i) except in pursuance of an authority that is, under part 3, sufficient authority for the person to remove the tissue; and
(ii) if the deceased person is one in relation to whom section 45(1)(b) is relevant--except where a certificate given in relation to that person in accordance with section 45(2) is in existence; or
(d) conduct a post-mortem examination of the body of a deceased person except in pursuance of an authority that is, under part 4, sufficient authority for the person to conduct the post-mortem; or
(e)--
(i) remove the body of a deceased person to a school of anatomy; or
(ii) retain or use the body of a deceased person for any of the purposes referred to in section 31(1);
except in pursuance of an authority that is, under part 5, sufficient authority for the removal, retention or use of the body; or
(f) carry out an anatomical examination of the body of a deceased person otherwise than at a school of anatomy.

Maximum penalty--100 penalty units or 1 year's imprisonment.

(2) A person who--

(a) gives an authority under this Act without having made the inquiries that the person is required by this Act to make; or
(b) makes a false statement in a certificate given for the purposes of this Act; or
(c) contravenes or fails to comply with a provision of part 2, division 5;

is guilty of an offence against this Act.

Maximum penalty--100 penalty units or 1 year's imprisonment.

(3) Nothing in subsection (1) or (2) applies to or in relation to--

(a) anything done in pursuance of an order by a coroner under the Coroners Act 1958 or the Coroners Act 2003; or
(b) any other act authorised by law.


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