Victorian Current Acts

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HUMAN TISSUE ACT 1982 - SECT 44

Offences

    (1)     A person shall not remove tissue from the body of a person whether living or dead except in accordance with a consent or authority that is, under this Act, sufficient authority for the removal of the tissue by that person.

Penalty:     100 penalty units or imprisonment for six months, or both.

    (2)     A person shall not conduct a post-mortem examination of the body of a deceased person except in accordance with an authority that is, under this Act, sufficient authority for the person to conduct the post-mortem examination.

Penalty:     100 penalty units or imprisonment for six months, or both.

    (3)     A person shall not—

        (a)     remove the body of a deceased person to a school of anatomy; or

        (b)     use the body of a deceased person for a purpose specified in section 32(1)

except in accordance with an authority that is, under Part VI, sufficient authority for such removal or use of the body for that purpose.

Penalty:     100 penalty units or imprisonment for six months, or both.

    (4)     A person shall not—

S. 44(4)(a) amended by No. 59/2006 s. 14.

        (a)     give an authority under this Act without having made the inquiries that he is required by this Act to make or having been satisfied that those inquiries have been made;

S. 44(4)(b) amended by No. 59/2006 s. 14.

        (b)     remove tissue from, or carry out a post-mortem examination of, the body of a deceased person without having made the inquiries that he is required by this Act to make or having been satisfied that those inquiries have been made;

        (c)     make a false statement in a certificate given for the purposes of this Act; or

        (d)     contravene or fail to comply with a provision of Division 4 of Part II.

Penalty:     100 penalty units or imprisonment for six months, or both.

    (5)     Nothing in subsection (1) or (2) applies to or in relation to—

S. 44(5)(a) amended by Nos 10257 s. 85(g), 77/2008 s. 129(Sch.  2 item 12.6).

        (a)     anything done in pursuance of an order by a coroner under the Coroners Act 2008 ; or

        (b)     any other act authorized by law.



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