AUSTRALIAN CAPITAL TERRITORY.  Medical Practitioners (Maternal Health) Amendment Act 2002 (Act 2002 No 26), 9 September 2002.

 

1          Name of Act

 

This Act is the Medical Practitioners (Maternal Health) Amendment Act 2002.

 

2          Commencement

 

(1)        This Act commences on the day after the Health Regulation (Maternal Health Information) Repeal Act 2002 commences.

 

(2)        If this Act has not commenced within 6 months beginning on the notification day, it expires at the end of that period.

 

3          Act amended

 

This Act amends the Medical Practitioners Act 1930.

 

4          New part 4B

 

insert:

 

Part 4B            Abortions

 

55A     Meaning of abortion for pt 4B

 

In this part:

 

abortion means causing a woman’s miscarriage by:

           

(a)        administering a drug; or

 

(b)        using an instrument; or

 

(c)        any other means.

 

55B      Only medical practitioner may carry out abortion

 

A person who is not a registered medical practitioner must not carry out an abortion.

 

Maximum penalty: imprisonment for 5 years.

 

55C     Abortion to be carried out in approved medical facility

 

A person must not carry out an abortion except in a medical facility, or part of a medical facility, approved under section 55D (1).

 

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

 

55D     Approval of facilities

 

(1)        If a medical facility is suitable on medical grounds for carrying out abortions, the Minister may, in writing, approve the medical facility or an appropriate part of the medical facility.

 

(2)        An approval is a notifiable instrument.

 

Note    A notifiable instrument must be notified under the Legislation Act 2001.

 

(3)        The Minister must not unreasonably refuse or delay a request for approval of a medical facility under subsection (1).

 

55E      No obligation to carry out abortion

 

(1)        No-one is under a duty (by contract or by statutory or other legal requirement) to carry out or assist in carrying out an abortion.

 

(2)        A person is entitled to refuse to assist in carrying out an abortion.

 

 

 

Crimes (Abolition of Offence of Abortion) Act 2002 (Act 2002 No 24), 9 September 2002.

 

1          Name of Act

 

This Act is the Crimes (Abolition of Offence of Abortion) Act 2002.

 

2          Commencement

 

This Act commences on its notification day.

 

3          Crimes Act 1900, sections 44 to 46

 

substitute:

 

44        Abortion—abolition of common law offence

 

(1)        Any rule of common law that creates an offence in relation to procuring a woman’s miscarriage is abrogated.

 

(2)        This section expires 3 months after it commences.

 

(3)        This section is a law to which the Legislation Act 2001, section 88 applies.