NORTHERN TERRITORY.  Criminal Code Act, as amended through 2003.


170. Killing unborn child


Any person who, when a woman or girl is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a crime and is liable to imprisonment for life.


171. Concealing the birth of child


Any person who, when a woman or girl is delivered of a child, endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at or after its birth, is guilty of a crime and is liable to imprisonment for 2 years.


172. Procuring abortion


Subject to section 174, any person who, with the intention of procuring the miscarriage of a woman or girl, whether or not the woman or girl is pregnant, administers to her, or causes to be taken by her, a poison or other noxious thing, or uses an instrument or other means is guilty of a crime and is liable to imprisonment for 7 years.


173. Supplying drugs, &c., to cause abortion


Subject to section 174, any person who unlawfully supplies or obtains a poison or other noxious thing, or instrument or other thing, knowing that it is intended to be used or employed with the intention of procuring the miscarriage of a woman or girl, whether or not the woman or girl is pregnant, is guilty of a crime and is liable to imprisonment for 7 years.


174. Medical termination of pregnancy

(1) It is lawful


(a) for a medical practitioner who is a gynaecologist or obstetrician to give medical treatment with the intention of procuring the miscarriage of a woman or girl who, he has reasonable cause to believe after medically examining her, has been pregnant for not more than 14 weeks if the medical treatment is given in hospital and the medical practitioner and another medical practitioner are of the opinion, formed in good faith after medical examination of the woman or girl by them, that

 

(i) the continuance of the pregnancy would involve greater risk to her life or greater risk of injury to her physical or mental health than if the pregnancy were terminated; or

(ii) there is a substantial risk that, if the pregnancy were not terminated and the child were to be born, the child would have or suffer from such physical or mental abnormalities as to be seriously handicapped;


(b) for a medical practitioner to give medical treatment with the intention of procuring the miscarriage of a woman or girl who, he has reasonable cause to believe after medically examining her, has been pregnant for not more than 23 weeks if the medical practitioner is of the opinion, formed in good faith after his medical examination of her, that termination of the pregnancy is immediately necessary to prevent grave injury to her physical or mental health; or


(c) for a medical practitioner to give medical treatment with the intention of procuring the miscarriage of a woman or girl if the treatment is given in good faith for the purpose only of preserving her life.


(2) No person is under a duty, whether by contract or otherwise, to procure or to assist in procuring the miscarriage of a woman or girl or to dispose of or to assist in disposing of an aborted foetus if he has a conscientious objection thereto, but, in any legal proceedings, the burden of proving such a conscientious objection shall rest upon the person claiming to have it.


(3) Nothing in this section relieves a medical practitioner from his liability, in carrying out medical treatment or performing an operation with the intention of procuring the miscarriage of a woman or girl, to carry out or perform it


(a) if the consent of a person is required by law to the carrying out of the medical treatment or the performance of the operation with that consent;


(b) with professional care; and


(c) otherwise according to law.


(4) A medical practitioner shall be deemed to have met his liability under subsection (3)(a) in carrying out the medical treatment or performing the operation if he carries it out or performs it

 

(a) except where the woman or girl is incapable in law (otherwise than by being an infant) of giving the consent with the consent of the woman or girl; and


(b) if the girl is under the age of 16 years or is otherwise incapable in law of giving the consent with the consent of each person having authority in law, apart from this subsection, to give the consent.