It is proposed that organ perfusion in situ after declaration of circulatory death (DCD) is incompatible with the legislated definition of death in Australia. However, this view is inconsistent with the acceptance of our current DCD practices. No formula of words can satisfactorily define death of a person with the precision required to allow preservation of the function of the transplanted organs. The challenge is not legislative change, but cultural acceptance of normothermic regional perfusion in the transplantation, donation and intensive care sectors.