Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

Transplantation activities

11. (1) A person shall not carry out a transplantation activity unless he or she is satisfied—

(a) where deemed consent applies and there is no objection to transplantation activities by the designated family member, that the family member has provided confirmation that he or she has no objection to such activities in accordance with section 10 (1), or

(b) that the appropriate consent has been provided.

(2) For the purposes of this Part, transplantation activities means any or all of the following:

(a) the removal of an organ from the body of a living or deceased person for the purposes of transplantation;

(b) the removal of tissues and cells from the body of a living or deceased person for the purposes of human application;

(c) the use of any organs or tissues and cells removed from the body of a living or deceased person for the purposes of transplantation under paragraph (a) or human application under paragraph (b).

(3) A person who contravenes subsection (1) shall be guilty of an offence.