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ANATOMY ACT 1977 - SECT 4
Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise
indicates or requires:
"anatomical examination" of a body includes use of the body for medical or
scientific purposes. Note : However, an anatomical examination does not
include a post mortem examination that is required, directed or authorised as
provided by section 5.
"body" means dead human body.
"child" means a person who has not attained the age of 18 years and who is not
married.
"designated officer" means: (a) in relation to a hospital, a person appointed
for the time being under section 5 (1) (a) of the Human Tissue Act 1983 to be
a designated officer for the hospital, or
(b) in relation to a
forensic institution, a person appointed for the time being under section 5
(3) of the Human Tissue Act 1983 to be a designated officer for the
forensic institution.
"Director-General" means the Director-General of the Department of Health.
"dispose" , in relation to a body, means dispose of the body by burial,
cremation or other lawful means.
"exercise" a function includes perform a duty.
"forensic institution" means: (a) an institution that is under the control of
a public health organisation (within the meaning of the Health Services Act
1997 ), or
(b) an accredited pathology laboratory under the
Health Insurance Act 1973 of the Commonwealth, or
(c) an institution that is
under the control of the Health Administration Corporation,
at which post
mortem examinations of bodies are carried out, but does not include a
hospital.
"function" includes a power, authority or duty.
"hospital" means: (a) a public hospital within the meaning of the
Health Services Act 1997 , or
(b) a private health facility within the
meaning of the Private Health Facilities Act 2007 .
"human tissue" means an organ or other part of a body.
"inspector" means inspector appointed under section 7 (1).
"licence" means licence in force under section 6.
"licensed premises" means a place specified in a licence at which the holder
of the licence may conduct anatomical examinations.
"next of kin" means: (a) in relation to a deceased child--a person referred to
in paragraph (a) of the definition of
"senior available next of kin" , and
(b) in relation to any other deceased
person--a person referred to in paragraph (b) of that definition.
"register" means register required to be kept under section 10.
"regulation" means regulation made under this Act.
"senior available next of kin" means: (a) in relation to a deceased child: (i)
a parent of the child,
(ii) where a parent of the child is not available--a
brother or sister of the child, being a brother or sister who has attained the
age of 18 years, or
(iii) where no person referred to in subparagraph (i) or
(ii) is available--a person who was a guardian of the child immediately before
the death of the child, and
(b) in relation to any other deceased person: (i)
a person who was a spouse of the deceased person immediately before the
deceased person's death,
(ii) where the deceased person, immediately before
death, had no spouse or the deceased person had a spouse but the person who
was then the deceased person's spouse is not available--a son or daughter (if
any) of the deceased person, being a son or daughter who has attained the age
of 18 years,
(iii) where no person referred to in subparagraph (i) or (ii) is
available--a parent of the deceased person, or
(iv) where no person referred
to in subparagraph (i), (ii) or (iii) is available--a brother or sister of the
deceased person, being a brother or sister who has attained the age of 18
years.
(2) In this Act: (a) a reference to a parent of a person includes a
reference to a step-parent or adoptive parent of the person,
(b) a reference
to a son or daughter of a person includes a reference to any person of whom
the person is a parent,
(c) a reference to a brother or sister of a person
includes a reference to any person who is a son or daughter of a parent of the
person, and
(d) a reference to a spouse of a person is a reference to: (i) a
person to whom the person is legally married (including a husband or wife of
the person), or
(ii) the person's de facto partner,
but where more than one
person would so qualify as a spouse, is a reference only to the last person so
to qualify.
Note : "De facto partner" is defined in section 21C of the Interpretation Act
1987 .
Note : The Interpretation Act 1987 contains definitions and other
provisions that affect the interpretation and application of this Act.
(3) In
this Act, a reference to the use of a body for medical or scientific purposes
includes carrying out any procedure on the body, or subjecting the body to an
experiment, process or research, for medical or scientific purposes.
(4) In
this Act, a reference to medical or scientific purposes includes educational
purposes connected with medicine or science.
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