Corneal and Tissue Grafting Act 1955 (NSW)
CORNEAL AND TISSUE GRAFTING ACT.
Act No. 32, 1955.
An Act to make provision with respect to the use of eyes and other parts of the bodies of deceased persons for therapeutic purposes; and for purposes connected therewith. [Assented to, 4th November, 1955.]
| lative Council and Legislative Assembly of New South | BE it enacted by the Queen's Most Excellent Majesty. by and with the advice and consent of the Legis- |
| Wales in Parliament assembled, and by the authority of the same, as follows :— | |
| 1 . (1) This Act may be cited as the "Corneal and Tissue Grafting Act, 1955." | |
| (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation | |
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(1) If any person, ei ther in wr i t ing a t any t ime or oral ly in the presence of two or more witnesses dur ing his last illness, has expressed a reques t t ha t his eyes or any other p a r t s of his body be used for the rapeu t ic purposes af ter his death, the p a r t y lawfully in posses sion of his body af ter dea th may, unless he has reason to believe t ha t the request was subsequently wi thdrawn, author ise the removal theref rom of the eyes or other p a r t s of the body for use for those purposes .
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(2) Wi thou t prejudice to subsection one of th is section, the p a r t y lawfully in possession of the body of a deceased person m a y author ise the removal therefrom of the eyes or any other p a r t s of the body for the purposes aforesaid unless t ha t p a r t y has reason to believe—
(a) that the deceased had expressed an objection to his eyes or other p a r t s of his body being so deal t with af ter his death, and had not w i thd rawn such objection; or (b) that the surviving spouse, or, if there is no surviving spouse, the nea res t surviving relat ive of the deceased objects to the deceased 's eyes or other p a r t s of the body being so deal t with.
(3) An au thor i ty given under this section in respect of any deceased person shall be sufficient w a r r a n t for the removal of the eyes or other p a r t s f rom the body and the i r use for the purposes a foresa id ; but no such removal shall be effected except by a legally qualified medical prac t i t ioner , who mus t have satisfied himself by a personal examinat ion of the body t h a t life is extinct.
(4) Au tho r i t y for the removal of eyes or any other p a r t s of the body shall no t be given under this section
if the p a r t y empowered to give such au thor i ty has reason
to believe t ha t an inquest may be requi red to be held on the body, unless a coroner has signified in wr i t ing tha t such removal m a y be under taken and the requi rements of subsection one or two of th is section are complied with.
(5) No au thor i ty shall be given under this section in respect of the body of a deceased pe r son by a pe r son en t rus ted by another pe r son wi th the body for the purpose only of i ts embalmment, in te rment or cremat ion.
(6)
(6) In the case of a body lying in a hospi tal , any au thor i ty under th is section m a y be given on behalf of the person hav ing the control and management of the hospi ta l by any officer or person designated in tha t behalf by the firstmentioned person.
(7) Nothing in this section shall be const rued as render ing unlawful any dealing with, or with any p a r t of, the body of a deceased person which would have been lawful if this Act had not passed.
(1) W h e r e au thor i ty for the removal of any eyes or other p a r t s of the body of a deceased person has been given under this Act, such eyes or other p a r t s may be used for immediate g ra f t ing into the body of a l iving person or m a y be re ta ined and used for such purpose a t
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| some la te r | t ime. |
(2) No person other t han a legally qualified medical p rac t i t ioner shall under take the ca r ry ing out of any such graf t ing .
4 . Any eyes or other p a r t s of the bodies of deceased persons removed in accordance with the provis ions of this Act and which a re to be re ta ined and used for g ra f t ing into the body of a l iving person a t some la te r t ime, shall be re ta ined only by such persons , ins t i tu t ions or organisa t ions as may be approved by the Minister .
5 . (1) Any person who,—
(a) otherwise than in accordance with the provisions of this Act author ises the removal from the body of a deceased person of any eye or o ther p a r t
of the body for the rapeu t ic p u r p o s e s ; or (b)
not being a legally qualified medical practi t ioner,— (i) removes from the body of any deceased person any eye or other p a r t of the body the removal of which has been author ised under this Act, or
(ii) undertakes the carrying out of any graf t ing of any eye or other p a r t of the body of a deceased person into the body
of a l iving pe r son ; or (c)
(c)
uses for purposes other than therapeutic purposes any eye or other par t of the body removed from the body of any deceased person pursuant to the provisions of this Act,
shall be guilty of an offence against this Act.
(2) Any person, institution or organisation, not being a person, institution or organisation approved by the Minister pursuant to section four of this Act, retaining any eyes or other parts of the bodies of deceased persons for grafting into the bodies of living persons shall be guilty of an offence against this Act.
(3) Any person, institution or organisation guilty of an offence against this Act shall be liable to a penalty not exceeding one hundred pounds.
(4) All proceedings for offences against this Act shall be disposed of summarily before a court of petty sessions.
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