2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Katy Gallagher)

An Act to amend the Medical Practitioners Act 1930

The Legislative Assembly for the Australian Capital Territory enacts as follows:

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

(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.

This Act amends the Medical Practitioners Act 1930.

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.

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

Maximum penalty: imprisonment for 5 years.

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.

(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).

(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.

1 For the latest republication of amended laws, see www.legislation.act.gov.au.

2 The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.