South Australian Current Acts South Australian Current Acts35—Certain contracts to be void
(1) Subject to this
section, a contract or arrangement under which a person agrees, for valuable
consideration, whether given or to be given to themself or to another
person—
(a) to
the sale or supply of tissue from their body or from the body of another
person, whether before or after their death or the death of the other person,
as the case may be;
(b) to
the post-mortem examination or anatomical examination of their body after
their death or of the body of another person after the death of the other
person,
is void.
(2) A person who
enters into a contract or arrangement referred to in subsection (1) is
guilty of an offence.
Maximum penalty: $20 000.
(3)
Subsection (1) does not apply to or in relation to the sale or supply of
tissue (not being tissue obtained under a contract or arrangement that is by
subsection (1) void) if the tissue has been subjected to processing or
treatment and the sale or supply is made for use, in accordance with the
directions of a medical practitioner, for therapeutic, medical or scientific
purposes.
(4)
Subsection (1) does not apply to or in relation to a contract or
arrangement providing only for the reimbursement of any expenses necessarily
incurred by a person in relation to the removal of tissue in accordance with
this Act.
(5) Nothing in this
section renders inoperative a consent or authority given or purporting to have
been given under this Act in relation to tissue from the body of a person or
in relation to the body of a person if a person acting in pursuance of the
consent or authority did not know and had no reason to know that the tissue or
the body was the subject matter of a contract or arrangement referred to in
subsection (1).
(6) Where the Minister
considers it is desirable by reason of special circumstances so to do, the
Minister may, by instrument 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 (2) applies to and
in relation to a contract or agreement entered into in accordance with an
approval under this subsection.
(7) A person must not
knowingly—
(a)
publish or disseminate by newspaper, book, broadcasting, television,
cinematograph or other means; or
(b)
exhibit to public view in any place,
an advertisement relating to the selling or buying in Australia of tissue or
of the right to remove tissue from the bodies of persons unless the
advertisement and the form and wording thereof have been approved in writing
by the Minister and the advertisement contains a statement to that effect.
Maximum penalty: $20 000.