27   Effect of authority under this Part

(1)  An authority under this Part is sufficient authority for a medical practitioner other than:

(a)  a medical practitioner referred to in section 26 (1), or

(b)  where the authority was given by a medical practitioner, the medical practitioner by whom the authority was given,

      to remove tissue from the body of the deceased person referred to in the authority for the purpose or purposes specified in the authority.

(1A)  Without limiting subsection (1), an authority under this Part which authorises the removal of tissue for the purpose of corneal transplantation or the transplantation of cardiovascular or musculoskeletal tissue (whether or not it authorises the removal of tissue for any other purpose) is sufficient authority for a person other than a medical practitioner to remove tissue from the body of the deceased person referred to in the authority for the purpose of corneal transplantation or the transplantation of cardiovascular or musculoskeletal tissue if the person removing the tissue:

(a)  is appointed, in writing, by the Director-General of the Department of Health to remove tissue under this section for the purpose of corneal transplantation or the transplantation of cardiovascular or musculoskeletal tissue, and

(b)  is not the person by whom the authority was given.

(1B)  Despite subsection (1A), an authority under this Part which authorises the removal of tissue for the purpose of the transplantation of cardiovascular tissue is not sufficient authority for a person other than a medical practitioner to remove the whole of a heart for the purpose of a heart transplant.

(2)  A contravention by a designated officer of section 26 (1) in relation to the giving of an authority does not affect the validity of the authority.

(3)  An authority under this Part does not authorise the use, for therapeutic, medical or scientific purposes, of any tissue removed from the body of a deceased person:

(a)  in the course of the medical, dental or surgical treatment performed while the person was still living, or

(b)  for the purposes of a post-mortem examination.

Note. An authority under Part 3C may be given to authorise the use, for therapeutic, medical or scientific purposes, of any tissue removed in the course of medical, dental or surgical treatment while the person was still living. An authority under Division 2 of Part 5 may be given to authorise the use, for therapeutic, medical or scientific purposes, of any tissue removed for the purposes of a post-mortem examination.