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HUMAN TISSUE AND TRANSPLANT AMENDMENT BILL 2005

                  Western Australia

Human Tissue and Transplant Amendment
                Bill 2005
                     CONTENTS

 1.   Short title                       2
 2.   Commencement                      2
 3.   The Act amended                   2
 4.   Section 29 amended                2




                       080--2          page i
                           Western Australia

                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


    Human Tissue and Transplant Amendment
                   Bill 2005

                               A Bill for

An Act to amend the Human Tissue and Transplant Act 1982.


The Parliament of Western Australia enacts as follows:




                                                            page 1
     Human Tissue and Transplant Amendment Bill 2005

     s. 1




     1.          Short title
                 This is the Human Tissue and Transplant Amendment Act 2005.
     2.          Commencement
                 This Act comes into operation on the day on which it receives the
5                Royal Assent.
     3.          The Act amended
                 The amendment in this Act is to the Human Tissue and
                 Transplant Act 1982*.
                 [* Reprinted as at 29 October 1999.
10                  For subsequent amendments see Western Australian
                    Legislation Information Tables for 2004, Table 1, p. 213.]
     4.          Section 29 amended
                 After section 29(4) the following subsections are inserted --
            "
15              (4a) Where the Minister considers it desirable by reason of
                     special circumstances so to do, the Minister may, in
                     writing, approve the entering into of a contract or
                     arrangement that would, but for the approval, be void
                     under subsection (1), and nothing in subsection (1) or
20                   (2) applies to or in relation to a contract or arrangement
                     entered into in accordance with an approval under this
                     subsection.
                (4b) The Minister must not give an approval under
                     subsection (4a) unless --
25                     (a) the entering into the contract or arrangement
                             has been recommended by a body of medical
                             practitioners prescribed by the regulations for
                             the purposes of this subsection; and
                       (b) the Minister is reasonably satisfied that no
30                           monetary payment or reward will be made,

     page 2
    Human Tissue and Transplant Amendment Bill 2005

                                                       s. 4




    given or received for or in consideration of the
    contract or arrangement.
                                                        ".
5

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