Subpart 2—Offences relating to informed consent

Tissue that is, or is collected from, bodies

22 Collection or use without informed consent

(1)

A person commits an offence, and is liable on conviction to the penalty specified in subsection (2), if—

(a)

the person collects or uses human tissue that is, or is collected from, a body; and

(b)

informed consent is required by subpart 1 for that collection or use, and either was not given or was given but was overridden by an overriding objection.

(2)

The penalty referred to in subsection (1) is,—

(a)

if that collection or use is for a secondary purpose, imprisonment for a term not exceeding 3 months or a fine not exceeding $20,000; and

(b)

in every other case, imprisonment for a term not exceeding 1 year or a fine not exceeding $50,000.

Section 22(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).