AustLII Tasmanian Numbered Acts

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ANATOMICAL EXAMINATIONS ACT 2006 (NO. 26 OF 2006) - SECT 3

Interpretation

(1)  In this Act, unless the contrary intention appears –
anatomical examination means an examination of the body of a deceased person for the purpose of the study or practice of anatomy;
approved means approved by the Head of Faculty;
authorised officer means –
(a) the Secretary; and
(b) a person appointed under section 21 as an authorised officer;
body includes any part of a body;
consent form means –
(a) a form completed by a deceased person under section 6 before his or her death; or
(b) a form completed by a next of kin of a deceased person under section 7 ; or
(c) a form, completed under a corresponding law, that corresponds to a form referred to in paragraph (a) or (b) ;
corresponding law means a law of the Commonwealth, another State or a Territory that –
(a) corresponds to this Act; or
(b) is prescribed as being a corresponding law;
Faculty means the Faculty of Health Science in the University of Tasmania;
general authorisation means an authorisation issued for a class of persons in accordance with section 10 ;
Head of Faculty means the person for the time being in charge of the Faculty;
individual authorisation means an authorisation issued to a natural person in accordance with section 9 ;
medical certificate of death means –
(a) a certificate given to the Registrar under section 35(3) of the Births, Deaths and Marriages Registration Act 1999 in respect of a deceased person; or
(b) a certificate that is issued under a law of the Commonwealth, another State or a Territory and corresponds to a certificate of the kind specified in paragraph (a) ;
next of kin, of a deceased person, means –
(a) if the deceased person, immediately before his or her death, was married or in a significant relationship within the meaning of the Relationships Act 2003 , the person who was then his or her spouse or partner in the significant relationship; or
(b) if a person referred to in paragraph (a) is unavailable, a son or daughter of the deceased person who has attained the age of 18 years; or
(c) if a person referred to in paragraph (a) or (b) is unavailable, a parent of the deceased person; or
(d) if a person referred to in paragraph (a) , (b) or (c) is unavailable, a brother or sister of the deceased person who has attained the age of 18 years; or
(e) if a person referred to in paragraph (a) , (b) , (c) or (d) is unavailable and the deceased person is an Aboriginal person within the meaning of the Aboriginal and Torres Strait Islander Commission Act 1989 of the Commonwealth, a person who is an appropriate person according to the customs and the tradition of the community or group that the deceased person belonged to; or
(f) if a person referred to in paragraph (a) , (b) , (c) , (d) or (e) is unavailable, the executor or administrator of the deceased person's estate;
register means the register kept by the Head of Faculty for the purposes of Part 4 ;
Registrar means the Registrar of Births, Deaths and Marriages appointed or employed under section 4 of the Births, Deaths and Marriages Registration Act 1999 ;
regulations means regulations made and in force under this Act;
Secretary means the Secretary of the Department;
transferred body means the body of a deceased person that has been transferred to the Head of Faculty in accordance with a provision of a corresponding law that corresponds to section 14 ;
undertake, in relation to an anatomical examination, includes –
(a) observe the anatomical examination; and
(b) participate in the anatomical examination.
(2)  For the purposes of the definition of  next of kin in subsection (1) , a person is taken to be unavailable if the person –
(a) cannot be contacted; or
(b) has declined to act as next of kin; or
(c) is unable to perform adequately or competently the duties of a next of kin.



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