Page:Human Organ Transplant Act 1987.pdf/12

12 PART V MISCELLANEOUS Act does not prevent specified removal of organ, etc.

16.—(1) Nothing in this Act shall apply to or in relation to—
 * (a) the removal of any organ from the body of a living person in the course of a procedure or operation carried out, in the interests of the health of the person, by a medical practitioner with the consent, express or implied, given by or on behalf of the person or in circumstances necessary for the preservation of the life of the person;
 * (b) the use of any organ so removed;
 * (c) the embalming of the body of a deceased person; or
 * (d) the preparation, including the restoration of any disfigurement or mutilation, of the body of a deceased person for the purpose of interment or cremation.

Offences in relation to removal of organ

17.—(1) No person shall remove any organ from the body of a deceased person for the purpose referred to in section 5(1) except in pursuance of the authority given under Part II.

(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both.

Disclosure of information

18.—(1) Subject to this section, a person shall not disclose or give to any other person any information or document whereby the identity of a person—
 * (a) from whose body any organ has been removed for the purpose of transplantation;
 * (b) with respect to whom or with respect to whose body a consent or authority has been given under this Act; or