Sale of Human Blood Act 1974 (Qld)

607 (1 uee lttlttttr ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 61 of 1974 An Act to prohibit unauthorized trading in human blood [ASSENTED TO 27TH SEPTEMBER, 19741 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- I. Short title . This Act may be cited as the Sale of Human Blood Act 1974.. 2. Meaning of terms. In this Act, unless the contrary intention appears- blood " includes- (a) any substance derived from blood; and

608 Sale of Human Blood Act 1974, No. 61 (b) any organ or tissue, including the placenta, of a kind that is suitable as a source from which to derive a constituent of blood for therapeutic use or for the preparation of a substance for therapeutic use: But does not include any substance containing a fraction of human blood that the Governor in Council by Order in Council declares not to be blood within the meaning of this Act. it Minister " means the Minister for Health or other Minister of the Crown charged, at the material time, with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister. 3. Unauthorized buying of human blood prohibited . (1) Subject to this section, a person shall not buy, agree to buy, offer to buy, hold himself out as being willing to buy, or inquire whether a person is willing to sell to the person or another,- (a) human blood; or (b) the right to take blood from the body of an person. Penalty: $400 or imprisonment for six months or both. (2) Where he considers it desirable by reason of special circumstances so to do, the Minister may, by a permit in writing, authorize a person, subject to such conditions and restrictions as may be specified in the permit, to buy human blood or the right to take blood from the body of another person. (3) Nothing in subsection (1) applies to anything done under and in accordance with a permit granted under subsection (2). (4) The Minister may at any time, by notice in writing given to a person to whom a permit has been granted under this section, cancel the permit. (5) Where a permit has been granted under subsection (2) subject to any conditions or restrictions specified therein, a person shall not act on the authority of the permit unless the conditions or restrictions, as the case may be, are or have been complied with. Penalty: $200. 4. Advertisements relating to buying of human blood restricted. A person shall not- (a) publish or disseminate by newspaper, other periodical, book, broadcasting, television, cinematograph or other means whatever; (b) exhibit to public view in a house, shop or place; or (c) deposit in the area, yard, garden or enclosure of* a house, shop or place, an advertisement relating to the buying in Australia of human blood or of the right to take blood from the bodies of persons unless the proposed advertisement has been approved by the Minister and contains a statement to that effect. Penalty: $200 or imprisonment for three months or both.

Sale of Human Blood Act 1974, No. 61 609 5. Unauthorized selling of human blood prohibited . (1) Subject to this section, a person shall not sell or agree to sell human blood (including his own blood) or the right to take blood from his body. Penalty: $100. (2) Nothing in subsection (1) applies to a sale, or agreement to sell, to a person who is, or is reasonably believed by the vendor to be, acting subject to, and in accordance with a permit granted under subsection (2) of section 3. 6. Proceedings, how and when taken . (1) Proceedings for offences against this Act shall be heard and determined summarily. (2) Proceedings for any offence against this Act shall not be taken without the written consent of the Minister. (3) A document purporting to be- (a) a consent of the Minister to the taking of proceedings for an offence against this Act; (b) a permit granted under subsection (2) of section 3; or (c) an approval referred to in section 4, shall be prima facie evidence in any court of such consent, of the matters contained in such permit, or of such approval, as the case may be. 20