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Human Tissue Amendment Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the main purpose of the Bill, which is to amend the
Human Tissue Act 1982 to enable persons who have attained
the age of 16 or 17 years to consent to donate blood without their
parent's consent.
Clause 2 provides for the commencement of the Act. The Act comes into
operation the day after the day on which the Act receives Royal
Assent.
Clause 3 inserts a new section 20A in the Human Tissue Act 1982 to
provide child means a person who has not attained the age of
16 years for the purposes of sections 21, 22 and 23.
Sections 21, 22 and 23 provide for the consent requirements for
the removal of blood from persons not being children, and from
children, for the purposes of blood transfusion to another person
or for the purpose of using the blood or its constituents for certain
other purposes.
The definition in new section 20A facilitates blood transfusions
and blood donations by reducing the age at which persons can
consent on their own behalf to the removal of their blood from
18 years of age to 16 years of age. The general definition of
child in section 3 of the Act, for the purposes of sections other
than 21, 22 and 23, remains a person who has not attained the age
of 18 years and is not married.
Clause 4 provides for the repeal of this amending Act on the first
anniversary of its commencement.
The repeal does not affect the ongoing operation of the
amendments made by the amending Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
561307 1 BILL LA INTRODUCTION 23/6/2009