South Australian Consolidated Acts

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TRANSPLANTATION AND ANATOMY ACT 1983 - SECT 36

36—Exclusion of liability of persons acting in pursuance of consent etc

        (1)         Subject to this Act, a person is not liable in any proceedings, whether civil or criminal, for any act done in pursuance of, by reason of, or as a result of, a consent, agreement or authority given, or purporting to have been given, in pursuance of this Act where the act is done without negligence and in good faith.

        (2)         Without limiting the generality of the expression "in good faith", a person shall be regarded as having done an act referred to in subsection (1) in good faith if the person establishes that—

            (a)         he had an honest and reasonable belief that a consent, agreement or authority required by this Act for the doing of the act had been given; or

            (b)         he had no reason to doubt that a consent, agreement or authority purporting to have been given in accordance with this Act for the doing of the act was a consent, agreement or authority given in accordance with this Act.



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