Blood and Tissue (Transmissible Diseases) Regulations 1985 (WA)

Western Australia Public Health Act 2016 1 Blood and Tissue (Transmissible Diseases) Regulations 1985 Western Australia Blood and Tissue (Transmissible Diseases) Regulations 1985 Contents 1. Citation 1 2. Terms used 1 3. Taking of blood without declaration 1 4. Declaration to be required from donor 2 5. Person authorised to permit declarations to be made 3 6. Form of declaration 3 7. Offences 3 Notes Compilation table 4 Other notes 5 Defined terms Public Health Act 2016 1 Blood and Tissue (Transmissible Diseases) Regulations 1985

1. Citation These regulations may be cited as the Blood and Tissue (Transmissible Diseases) Regulations 1985. [2A. Deleted: Gazette 19 Sep 2017 p. 4883.]

2. Terms used (1) In these regulations — blood includes any substance derived from blood; therapeutic use means a use for the purpose of — (a) preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in persons; (b) influencing, inhibiting or modifying a physiological process in persons; (c) testing susceptibility to a disease or ailment in persons. (2) A reference in these regulations to the donating of blood shall be read as including a reference to the donating of any substance obtained from the blood, or of any ovum or semen. [Regulation 2 inserted: Gazette 17 May 1991 p. 2480; amended: Gazette 19 Sep 2017 p. 4883‑4.]

3. Taking of blood without declaration (1) Subject to this regulation, a person shall not — (a) take any blood intended for therapeutic use; or (b) knowingly accept for therapeutic use any blood donated, unless the person donating the blood made a declaration in the form required under regulation 6 within the 12 hours preceding the donation of the blood. (2) Where the donor of any blood is by reason of injury or illness incapable of making a declaration in the form required under regulation 6, a person who takes, or accepts a donation of, blood from that donor for therapeutic use where the circumstances are such as to be, in the opinion of a person who is a designated officer, or the delegate of a designated officer, for the purposes of the Human Tissue and Transplant Act 1982, medically justifiable shall not be taken to have contravened subregulation (1). (3) The taking or accepting of blood that is intended — (a) for the use of the donor; or (b) for a use other than a therapeutic use, shall be taken not to contravene subregulation (1) notwithstanding that no declaration is made in respect of that blood. [Regulation 3 amended: Gazette 13 May 1988 p. 1596; SL 2020/47 r. 4.]