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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Human Tissue and Transplant Amendment Bill 2011 CONTENTS 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 22A inserted 2 22A. Organ/tissue donation registration: driver's licence 2 252--1 page i Western Australia LEGISLATIVE ASSEMBLY (Introduced by Mr Martin Whitely MLA) Human Tissue and Transplant Amendment Bill 2011 A Bill for An Act to amend the Human Tissue and Transplant Act 1982. The Parliament of Western Australia enacts as follows: page 1 Human Tissue and Transplant Amendment Bill 2011 s. 1 1 1. Short title 2 This is the Human Tissue and Transplant Amendment Act 2011. 3 2. Commencement 4 This Act comes into operation as follows -- 5 (a) sections 1 and 2 -- on the day on which this Act 6 receives the Royal Assent; 7 (b) the rest of the Act -- on the 28th day after that day. 8 3. Act amended 9 This Act amends the Human Tissue and Transplant Act 1982. 10 4. Section 22A inserted 11 At the beginning of Part III insert: 12 13 22A. Organ/tissue donation registration: driver's licence 14 (1) In this section -- 15 application means application for the grant of a 16 driver's licence, including by way of renewal; 17 CEO -- 18 (a) before the coming into operation of the Road 19 Traffic (Administration) Act 2008 section 4, has 20 the meaning given to "Director General" under 21 the Road Traffic Act 1974 section 5(1); and 22 (b) after the coming into operation of the Road 23 Traffic (Administration) Act 2008 section 4, has 24 the meaning given to that term in that section; 25 driver's licence -- 26 (a) before the coming into operation of the Road 27 Traffic (Authorisation to Drive) Act 2008 28 section 3, has the meaning given to that term page 2 Human Tissue and Transplant Amendment Bill 2011 s. 4 1 under the Road Traffic Act 1974 section 5(1); 2 and 3 (b) after the coming into operation of the Road 4 Traffic (Authorisation to Drive) Act 2008 5 section 3, has the meaning given to that term in 6 that section. 7 (2) A form of application that is to be made in writing 8 must include the following statement to be completed 9 by the applicant -- Organ/tissue donation registration If you are of or over 18 years of age, you must place a tick in one of the option boxes below. If you tick the box in option 1 or 2, the agency administering the Australian Organ Donor Register will be notified. The agency may contact you regarding registration. Are you willing to become an organ donor? 1. I believe I am already registered on the Australian Organ Donor Register. OR 2. I would like to register on the Australian Organ Donor Register. (Please complete and return the enclosed Australian Organ Donor Registration Form.)* OR 3. I do not want to consider the issue of organ/tissue donation at this time. Note: If you do not tick one of the boxes, the driver's licence cannot be granted. *The Australian Organ Donor Register enables you to register either as an organ/tissue donor or that you do not wish to be an organ/tissue donor. page 3 Human Tissue and Transplant Amendment Bill 2011 s. 4 1 (3) If an application is made electronically, the CEO must 2 ensure that the applicant is given, when paying the fee 3 for the licence, the opportunity to respond to the 4 question of whether the applicant is willing to become 5 an organ donor. 6 (4) Subsection (3) does not apply to an application or class 7 of applications where the CEO has determined that it is 8 not practicable for the applicant to respond when 9 paying the fee. 10 (5) If subsection (3) applies, the applicant must be -- 11 (a) given the 3 options that are in the statement set 12 out in subsection (2); and 13 (b) advised that if the applicant responds 14 affirmatively to option 1 or 2, the agency 15 administering the Australian Organ Donor 16 Register will be notified and may contact the 17 applicant regarding registration; and 18 (c) advised that the driver's licence cannot be 19 granted unless the applicant gives an 20 affirmative response to one of the options. 21 (6) The CEO cannot grant a driver's licence to an applicant 22 who is of or over 18 years of age and has made a 23 written application unless one of the boxes in the 24 statement referred to in subsection (2) is ticked by the 25 applicant. 26 (7) The CEO cannot grant a driver's licence to an applicant 27 who is of or over 18 years of age and has made an 28 application to which subsection (3) applies unless the 29 applicant gives an affirmative response to one of the 30 options given under subsection (5)(a). 31 (8) The CEO may disclose to the agency responsible for 32 the administration of the Australian Organ Donor 33 Register the details of a person who indicates on an page 4 Human Tissue and Transplant Amendment Bill 2011 s. 4 1 application that the person would like to register on the 2 Register or believes that the person is registered on the 3 Register. 4
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