Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, a contract or arrangement under which a person agrees, for valuable
consideration, whether given or to be given to himself or to another
person —
(a) to
the sale or supply of tissue from his body or from the body of another person,
whether before or after his death or the death of the other person, as the
case may be; or
(b) to
the post-mortem examination or anatomical examination of his body after his
death or of the body of another person after the death of the other person,
is void.
(2) A person who
enters into a contract or arrangement of the kind referred to in
subsection (1) and to which that subsection applies commits an
offence.
Penalty: $1 000.
(3)
Subsection (1) does not apply to or in relation to a contract or
arrangement providing only for the reimbursement of any expenses necessarily
incurred by a person in relation to the removal of tissue in accordance with
this Act.
(4) The Governor may,
by Order in Council published in the Gazette , declare that
subsection (1) does not apply to the sale or supply of a specified class
or classes of product derived from tissue that has been subjected to
processing or treatment.
(4a) Where the
Minister considers it desirable by reason of special circumstances so to do,
the Minister may, in writing, approve the entering into of a contract or
arrangement that would, but for the approval, be void under
subsection (1), and nothing in subsection (1) or (2) applies to or
in relation to a contract or arrangement entered into in accordance with an
approval under this subsection.
(4b) The Minister must
not give an approval under subsection (4a) unless —
(a) the
entering into of the contract or arrangement has been recommended by a body of
medical practitioners prescribed by the regulations for the purposes of this
subsection; and
(b) the
Minister is reasonably satisfied that no monetary payment or reward will be
made, given or received for or in consideration of the contract or
arrangement.
(5) A person who as
vendor or supplier enters into a contract or arrangement for the sale or
supply of a product of a class specified in an order made under
subsection (4) commits an offence if the tissue from which the product
was derived was obtained under a contract or arrangement that is void by
reason of subsection (1).
Penalty: $1 000.
(6) Nothing in this
section renders inoperative a consent or authority given or purporting to
have been given under this Act in relation to tissue from the body of a person
or in relation to the body of a person if a person acting in pursuance of the
consent or authority did not know and had no reason to know that the tissue or
the body was the subject matter of a contract or arrangement referred to in
subsection (1).
[Section 29 amended by No. 14 of 2006 s. 4.]