2 A health service Either— If, at any time up to or another body and including the (a) when the blood or at time at which the blood product was premises— blood or blood administered or product was supplied, there was (a) supplied by administered or used, attached to the the Society the health service or container in which or a health other body at whose the blood or blood service; or premises the blood or product was (b) a blood product was contained a certificate product administered or purporting to have derived from used— been issued at the blood laboratory at which a (a) had been supplied by sample of the blood informed that the the Society was tested stating— blood or blood or a health product was (i) in the case of service— likely to contain that a sample of is administered HIV, Hepatitis C the blood; and or supplied to a or a prescribed (ii) in the case of a person. disease (as the blood product, case may be); and that a sample of (b) did not take each unit of blood reasonable steps from which the to ensure that the blood product was blood or blood derived— product was not was tested in a administered to, manner which is or used by, any approved by the person. Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be) and that the result of the test was negative; or
2 A health service or another body at premises— (a) supplied by the Society or a health service; or (b) a product derived from blood supplied by the Society or a health service— is administered or supplied to a person. Either— (a) when the blood or blood product was administered or supplied, there was attached to the container in which the blood or blood product was contained a certificate purporting to have been issued at the laboratory at which a sample of the blood was tested stating— (i) in the case of that a sample of the blood; and (ii) in the case of a blood product, that a sample of each unit of blood from which the blood product was derived— was tested in a manner which is approved by the Secretary and published in the Government Gazette for the presence of HIV, Hepatitis C or a prescribed disease (as the case may be) and that the result of the test was negative; or If, at any time up to and including the time at which the blood or blood product was administered or used, the health service or other body at whose premises the blood or blood product was administered or used— (a) had been informed that the blood or blood product was likely to contain HIV, Hepatitis C or a prescribed disease (as the case may be); and (b) did not take reasonable steps to ensure that the blood or blood product was not administered to, or used by, any person.
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