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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Human Tissue and Transplant Amendment
Bill 2011
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 22A inserted 2
22A. Organ/tissue donation registration: driver's
licence 2
252--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Martin Whitely MLA)
Human Tissue and Transplant Amendment
Bill 2011
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 2011
s. 1
1 1. Short title
2 This is the Human Tissue and Transplant Amendment Act 2011.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the 28th day after that day.
8 3. Act amended
9 This Act amends the Human Tissue and Transplant Act 1982.
10 4. Section 22A inserted
11 At the beginning of Part III insert:
12
13 22A. Organ/tissue donation registration: driver's licence
14 (1) In this section --
15 application means application for the grant of a
16 driver's licence, including by way of renewal;
17 CEO --
18 (a) before the coming into operation of the Road
19 Traffic (Administration) Act 2008 section 4, has
20 the meaning given to "Director General" under
21 the Road Traffic Act 1974 section 5(1); and
22 (b) after the coming into operation of the Road
23 Traffic (Administration) Act 2008 section 4, has
24 the meaning given to that term in that section;
25 driver's licence --
26 (a) before the coming into operation of the Road
27 Traffic (Authorisation to Drive) Act 2008
28 section 3, has the meaning given to that term
page 2
Human Tissue and Transplant Amendment Bill 2011
s. 4
1 under the Road Traffic Act 1974 section 5(1);
2 and
3 (b) after the coming into operation of the Road
4 Traffic (Authorisation to Drive) Act 2008
5 section 3, has the meaning given to that term in
6 that section.
7 (2) A form of application that is to be made in writing
8 must include the following statement to be completed
9 by the applicant --
Organ/tissue donation registration
If you are of or over 18 years of age, you must place
a tick in one of the option boxes below.
If you tick the box in option 1 or 2, the agency
administering the Australian Organ Donor Register
will be notified. The agency may contact you
regarding registration.
Are you willing to become an organ donor?
1. I believe I am already registered on
the Australian Organ Donor Register.
OR
2. I would like to register on the
Australian Organ Donor Register.
(Please complete and return the
enclosed Australian Organ Donor
Registration Form.)*
OR
3. I do not want to consider the issue of
organ/tissue donation at this time.
Note: If you do not tick one of the boxes, the
driver's licence cannot be granted.
*The Australian Organ Donor Register enables you
to register either as an organ/tissue donor or that
you do not wish to be an organ/tissue donor.
page 3
Human Tissue and Transplant Amendment Bill 2011
s. 4
1 (3) If an application is made electronically, the CEO must
2 ensure that the applicant is given, when paying the fee
3 for the licence, the opportunity to respond to the
4 question of whether the applicant is willing to become
5 an organ donor.
6 (4) Subsection (3) does not apply to an application or class
7 of applications where the CEO has determined that it is
8 not practicable for the applicant to respond when
9 paying the fee.
10 (5) If subsection (3) applies, the applicant must be --
11 (a) given the 3 options that are in the statement set
12 out in subsection (2); and
13 (b) advised that if the applicant responds
14 affirmatively to option 1 or 2, the agency
15 administering the Australian Organ Donor
16 Register will be notified and may contact the
17 applicant regarding registration; and
18 (c) advised that the driver's licence cannot be
19 granted unless the applicant gives an
20 affirmative response to one of the options.
21 (6) The CEO cannot grant a driver's licence to an applicant
22 who is of or over 18 years of age and has made a
23 written application unless one of the boxes in the
24 statement referred to in subsection (2) is ticked by the
25 applicant.
26 (7) The CEO cannot grant a driver's licence to an applicant
27 who is of or over 18 years of age and has made an
28 application to which subsection (3) applies unless the
29 applicant gives an affirmative response to one of the
30 options given under subsection (5)(a).
31 (8) The CEO may disclose to the agency responsible for
32 the administration of the Australian Organ Donor
33 Register the details of a person who indicates on an
page 4
Human Tissue and Transplant Amendment Bill 2011
s. 4
1 application that the person would like to register on the
2 Register or believes that the person is registered on the
3 Register.
4
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