In forceAmended2020 Revised Edition

Contents

Human Organ Transplant Act 1987 · 2020 Revised Edition · Part 4A · Living Donor Organ Transplants

15. Donation of organs by living persons

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Amended

Last amended by an amending law of 2023.

(1)

No person is to carry out or cause to be carried out any living donor organ transplant unless —

(a)

the specified organ is removed in a hospital with the written authorisation of the transplant ethics committee of the hospital; and

(b)

the donor of the specified organ has given his or her consent to the removal of the specified organ from his or her body and has not revoked or withdrawn the consent.

(2)

The transplant ethics committee of a hospital must not give any authorisation under subsection (1) for the removal of the specified organ from the body of any living person unless it is satisfied that —

(a)

the person from whom the specified organ is to be removed has given the person’s consent to such removal;

(b)

the person is not mentally disordered and, despite the person’s age, is able to understand the nature and consequence of the medical procedures the person has to undergo as a result of the person’s donation of the specified organ; and

(c)

the consent mentioned in paragraph (a) —

(i)

is not given pursuant to any contract or arrangement that is prohibited under section 13; and

(ii)

is not given or obtained by virtue of any fraud, duress or undue influence.

(3)

In determining whether to give any authorisation under subsection (1), the transplant ethics committee must have regard to such considerations as may be prescribed or as may be directed by the Director‑General.

(4)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.[15A