New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 82

82 Termination of pregnancy performed by unqualified person

(1) An unqualified person who performs a termination on another person commits an offence.

: Maximum penalty--7 years imprisonment.

(2) An unqualified person who assists in the performance of a termination on another person commits an offence.

: Maximum penalty--7 years imprisonment.

(3) A reference in subsection (2) to assisting in the performance of a termination includes--

(a) supplying, or procuring the supply of, a termination drug for use in a termination, and

(b) administering a termination drug.

Note--: Section 12 of the Abortion Law Reform Act 2019 provides that a person who consents to, assists in, or performs a termination on themselves does not commit an offence.

(4) Proceedings for an offence under this section may only be instituted by, or with the approval of, the Director of Public Prosecutions.

(5) In this section--

"medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student.

"perform" includes attempt to perform.

"termination" means an intentional termination of a pregnancy in any way, including, for example, by--

(a) administering a drug, or

(b) using an instrument or other thing.

"unqualified person" means--

(a) in relation to performing a termination on another person--a person who is not a medical practitioner, or

(b) in relation to assisting in the performance of a termination on another person--a person who is not authorised under section 8 of the Abortion Law Reform Act 2019 to assist in the performance of the termination.