56 Trading in human tissue generally prohibited

(1)

No person may, except under an exemption under section 60, require or accept, or offer or provide, financial or other consideration for human tissue.

(2)

A person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $50,000, if—

(a)

the person intentionally or knowingly does an act; and

(b)

that act contravenes subsection (1).

(3)

Subsection (1) does not apply to the following:

(a)

a product derived from human tissue and intended for use in research, in quality control, or as a diagnostic product:

(b)

processed human tissue samples (for example, tissue arrays) intended for use in research, in quality control, or as a diagnostic product:

(c)

human hair collected from living people and that is, is part of, or is for use in, wigs or other hair-pieces:

(d)

human tissue that is, or is part of, a controlled drug or a medicine (other than a medicine that is a blood clotting factor, blood corpuscles, or whole blood).

(4)

Consideration for human tissue in subsection (1) does not include consideration for the collection or use of the tissue.

(5)

Consideration referred to in subsection (4) may be required or accepted, or offered or provided, from or by 1 or more persons, or on 1 or more occasions, or both.

(6)

Use, in this section, includes import and export.

(7)

This section does not limit or affect section 59.

Compare: 1956 No 65 s 92B

Section 56(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).