Victorian Current Acts Victorian Current Acts(1) Subject to this section, a person shall not buy, agree to buy, offer to buy, hold himself out as being willing to buy, or inquire whether a person is willing to sell to the person or another person—
(a) tissue; or
(b) the right to take tissue from the body of another person.
Penalty: 100 penalty units or imprisonment for six months, or both.
S. 39(1A) inserted by No. 63/1995 s. 168(2), amended by Nos 12/1998 s. 3(Sch. item 4.2), 11/2003 s. 25(1), 72/2008 s. 27.
(1A) Subsection (1) does not apply to the giving of reasonable expenses of a kind referred to in section 17 of the Prohibition of Human Cloning for Reproduction Act 2008 .
S. 39(2) amended by No. 10163 s. 33.
(2) Where he considers it desirable by reason of special circumstances so to do, the Minister may, by a permit in writing, authorize a person, subject to such conditions and restrictions as may be specified in the permit, to buy tissue (other than spermatozoa or ova) or the right to take tissue (other than spermatozoa or ova) from the body of another person.
(3) Nothing in subsection (1) applies to anything done under and in accordance with a permit granted under subsection (2).
(4) The Minister may at any time, by notice in writing given to a person to whom a permit has been granted under this section, cancel the permit.
(5) Where a permit has been granted under subsection (2) subject to any conditions or restrictions specified in the permit, a person shall not act on the authority of the permit unless the conditions or restrictions, as the case may be, are or have been complied with.
(6) A person who contravenes subsection (5) is guilty of an offence and liable to a penalty not exceeding 50 penalty units or imprisonment for three months, or both.
S. 39A inserted by No. 67/2003 s. 6.