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HUMAN TISSUE ACT 2008 - SECT 10

Close available relative defined

10 Close available relative defined

1 A
"close available relative" means, in relation to an individual who was 16 years old or older at the time when he or she died,—
a) a person who was a spouse, civil union partner, or de facto partner of the individual immediately before his or her death; or
b) if the individual, immediately before his or her death, had no spouse, civil union partner, or de facto partner, or if no person who was then the individual’s spouse, civil union partner, or de facto partner is available, a son or daughter—
i) of the individual; and
ii) who is 16 years old or older; or
c) if no person referred to in paragraph (a) or (b) is available, a parent of the individual; or
d) if no person referred to in paragraphs (a) to (c) is available, a brother or sister—
i) of the individual; and
ii) who is 16 years old or older.
2 A
"close available relative" means, in relation to an individual who was under 16 years of age at the time when he or she died,—
a) a parent of the individual; or
b) if a parent of the individual is not available, a person who was a guardian of the individual immediately before his or her death; or
c) if no person referred to in paragraph (a) or (b) is available, a brother or sister—
i) of the individual; and
ii) who is 16 years old or older.



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