Human Tissue Regulations 2015 (Vic)

Version No. 001

Human Tissue Regulations 2015

S.R. No. 171/2015

Version as at

29 January 2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definition

6Classes of persons who may remove tissue

7Prescribed institutions

8Prescribed tissue banks

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Human Tissue Regulations 2015

S.R. No. 171/2015

Version as at

29 January 2016

1Objective

The objective of these Regulations is to prescribe matters that are authorised or required to be prescribed for carrying out or giving effect to the Human Tissue Act 1982.

2Authorising provision

These Regulations are made under section 46 of the Human Tissue Act 1982.

3Commencement

These Regulations come into operation on 29 January 2016.

4Revocation

The Human Tissue Regulations 2006[1] are revoked.

5Definition

In these Regulations—

the Act means the Human Tissue Act 1982.

6Classes of persons who may remove tissue

For the purposes of section 25(b) of the Act, the prescribed classes of persons are—

(a)in relation to the removal of ocular tissue, persons who are employed by, or perform work for, the University of Melbourne or the Centre for Eye Research Australia Limited (ACN 076 481 984) on behalf of the Lions Eye Donation Service Melbourne, an unincorporated joint venture, as eye donor coordinators and whose duties include the removal of ocular tissue from the bodies of deceased persons; and

(b)in relation to the removal of tissue of any kind, persons who are employed by, or perform work for, the Victorian Institute of Forensic Medicine or a hospital as—

(i)forensic technicians (including forensic technical officers); or

(ii)mortuary technicians; or

(iii)scientists—

and whose duties include the removal of tissue of any kind from the bodies of deceased persons.

7Prescribed institutions

For the purposes of Part VII of the Act, the following are prescribed institutions—

(a)La Trobe University;

(b)Monash University;

(c)Royal Melbourne Institute of Technology;

(d)The University of Melbourne.

8Prescribed tissue banks

For the purposes of section 39A(1) of the Act, the following are prescribed tissue banks—

(a)Austin Health Tissue Bank;

(b)Barwon Health Bone Bank;

(c)Donor Tissue Bank of Victoria;

(d)KconFab (Kathleen Cunningham Consortium for Research into Familial Breast Cancer) Tissue Bank;

(e)Lions Eye Donation Service Melbourne;

(f)Melbourne Health Tissue Bank;

(g)Monash Health Tissue Bank;

(h)Peter MacCallum Cancer Centre Tissue Bank;

(i)Victorian Brain Bank.

═══════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Human Tissue Regulations 2015, S.R. No. 171/2015 were made on 22 December 2015 by the Governor in Council under section 46 of the Human Tissue Act 1982, No. 9860/1982 and came into operation on 29 January 2016: regulation 3.

The Human Tissue Regulations 2015 will sunset 10 years after the day of making on 22 December 2025 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Human Tissue Regulations 2015 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 7/2006 as amended by S.R. No. 50/2006.