Cadavers (Importation) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-67.pdf
Published: 1984

Cadavers (Importation) (CAP. 67 1

CHAPTER 67

THE CADAVERS (IMPORTATION) ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation and application.
3. Cadaver import permit.
4. Refusal of landing rights without permit.
5, Chief Medical Officer to be satisfied on certain matters.
6. Conditions to be attached to permit.
7. Inspection of container and premises.
8. Fees.
9. Offences and Penalties.

10. Regulations.

CADAVERS (IMPORTATION)

(18th October, 1984.)

An Act to regulate the Importation of Cadavers and
for matters incidental thereto and connected therewith.

1. This Act may be cited as the Cadavers (Importa-
tion) Act.

2. (1) In this Act- Interpretation and application.
"cadaver" means a dead human body or any part

thereof;

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 67) Cadavers (Importation)

'6 cadaver import permit" means a permit issued under
the provisions of section 3;

'6 impervious container" means any container or box
which has been hermetically sealed and so main-
tained by plastic or rubber gasket or by metal or
similar material which has been soldered or weld-
ed and any container which consists of a plastic
or other container sealed by heat or adhesive
material before being placed in a non-impervious
container.

(2) This Act shall not apply to the ashes of a deceased
person imported for burial in Antigua and Barbuda.

Cadaver import
permit.

3. No person shall import any cadaver into Antigua
and Barbuda except under the authority of a written permit
to do so issued by the Chief Medical Officer (herein refer-
red to as a "cadaver import permit").

Refusal of
landing rights

4. (1) The master of any vessel or aircraft on which
permit. a cadaver arrives in Antigua and Barbuda from a place out-

side Antigua and Barbuda shall, if there is not in existence
in respect of such cadaver a valid cadaver import permit
be refused permission to land such cadaver by the customs
officer at the port of entry.

(2) A customs officer at a port of entry shall be entitled
to examine the container in which any cadaver is imported
so as to satisfy himself that such container contains only a
cadaver and necessary clothing (if any) and that there is a
cadaver import permit in existence in relation to such
cadaver; but a customs officer shall not open any imper-
vious container without the approval of the Chief Medical
Officer.

Chief Medical 5 . Before issuing a cadaver import permit in respect
Officer to be
satisfied on of any cadaver the Chief Medical Officer shall be required
certain matters. to satisfy himself, upon documentary evidence emanating

from the place from which the cadaver is to be imported,
of the following matters:-

(a) that the exportation of the cadaver from the
place or country from which it is to be imported is

LAWS OF ANTIGUA AND BARBUDA

Cadavers (Importation) (CAP. 67 3

authorised by the law of that place or country for the
purpose for which it is being exported;

(6) of the cause of death of the deceased, and if
the cadaver is intended to be used for medical research
or instruction, that the cadaver is that of a person who
died of natural causes or accident;

(c) that the importation and dissection of the
cadaver is not likely to endanger the life or health of
any person in Antigua and Barbuda, by reason of any
disease or malignancy existing in the cadaver at the time
of death;

(d) that the exportation of the cadaver for the pur-
pose for which it is being exported has been consented
to by the executors, administrators or relatives of the
deceased, where the obtaining of such consent is
reasonably practicable.

6. (1) The Chief Medical Officer shall attach condi- :;t,dh:; to be
tions to the grant of a cadaver import permit with regard to:- prrnit.

(a) the type of container in which the cadaver is
to be imported;

(b) the purpose for which the cadaver is to be
imported, whether or not such importation is for medical
research or instruction.

(2) The Chief Medical Officer may add to or vary the
conditions attached to the grant of a cadaver import permit
after the grant thereof until final disposal of the cadaver to
his satisfaction.

(3) The provisions of section 35 of the Births and Deaths
(Registration) Act shall have no application to a cadaver Cap. 53.
imported for the purposes of medical research or instruc-
tion, but shall apply to interment of any dead body imported
for burial notwithstanding that a cadaver import permit may
have been granted in relation to it.

7. The Chief Medical Officer may at any time by !z;~;:,"r","nfd
himself or a person authorised by him in writing open and premises.
inspect any container which purports to contain a cadaver
and enter upon any premises where a cadaver is being kept

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 67) Cadavers (Importation)

Fees.

Offences and
penalties.

in order to satisfy himself that the cadaver is being imported,
kept and disposed of in accordance with the conditions of
the cadaver import permit relating to it.

8. No customs duty or customs service charge shall
be payable upon the importation of a cadaver, but the
Minister may by Order prescribe the fees to be payable upon
the issue of a cadaver import permit.

9. (1) If a cadaver shall be imported, kept, used or
disposed of contrary to the conditions attached to the cadaver
import permit relating to it, the person in whose name the
permit was granted or, in the case of a limited company,
each of the officers of the company is guilty of an offence
and liable on summary conviction to a fine of twenty-five
thousand dollars and to imprisonment for two years.

(2) Any person who prevents a customs officer or the
Chief Medical Officer or any person authorised by either
of them in writing from carrying out their respective func-
tions under this Act is guilty of an offence and liable on sum-
mary conviction to a fine of ten thousand dollars and to
imprisonment of one year.

Regulations. 10. The Minister may make regulations prescribing-
(a) the method of application for and the form of

a cadaver import permit;

(b) the documentary evidence required before the
grant of a cadaver import licence;

( c ) the fees to be paid for the grant of a cadaver
import permit;

(d) the conditions to be attached to the grant of
a cadaver import permit;

(e) any other matter relating to the administration
and implementation of this Act.
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