NEW
CRIMES
ACT 1900 - SECT 45
Prohibition
of female genital mutilation
45
Prohibition of female genital mutilation
(1) A person
who:
(a) excises, infibulates or
otherwise mutilates the whole or any part of the labia majora
or labia minora or clitoris of another person,
or
(b) aids, abets, counsels or
procures a person
to perform any of those acts on another person,
is liable to imprisonment for 7 years.
(2) An offence is committed against this section even if
one or more of the acts constituting the offence occurred outside
(3) It is not an offence against this section to perform a
surgical operation if that operation:
(a) is necessary for the health of
the person
on whom it is performed and is performed by a medical
practitioner, or
(b) is performed on a person
in labour or who has just given birth, and for
medical purposes connected with that labour or birth,
by a medical
practitioner or authorised professional, or
(c) is a sexual
reassignment procedure and is performed by a medical
practitioner.
(4) In determining whether an operation is necessary for
the health of a person
only matters relevant to the medical welfare of the person
are to be taken into account.
(5) It is not a defence to a
charge under this section that the person
mutilated by or because of the acts alleged to have been committed consented to
the acts.
(6) This section applies only to acts occurring after the
commencement of the section.
(7) In this section:
"authorised
professional" means:
(a) a midwife within the meaning
of the Nurses and Midwives Act 1991 or undergoing a course of training
with a view to being so authorised, or
(b) in relation to an operation performed in a place
outside New South Wales-a person
authorised to practise
midwifery by a body established under the law of that place having functions
similar to the functions of the Nurses and Midwives Board, or undergoing a
course of training with a view to being so authorised,
or
(c) a medical
student.
"medical
practitioner", in relation to an operation performed in a place outside
"medical
student" means:
(a) a registered medical
student within the meaning of the Medical
Practice Act 1992 , or
(b) in relation to an operation
performed in a place outside
"sexual reassignment procedure" means a surgical
procedure to alter the genital appearance of a person
to the appearance (as nearly as practicable) of the opposite sex to the sex of
the person.