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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Abortion Law Reform)
Bill 2018
A BILL FOR
An Act to amend the
Criminal
Law Consolidation Act 1935
and the
Health
Care Act 2008
.
Contents
Part 2—Amendment of Criminal Law
Consolidation Act 1935
3Amendment of section 12A—Causing death by
an intentional act of violence
6Amendment of Schedule 11—Abolition of
certain offences
Part 3—Amendment of Health Care
Act 2008
89KBMinister may declare
premises to be protected premises
89KCCertain
behaviour etc prohibited in health access zones
89KDPolice officer
may direct person to leave health access zone
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Abortion Law Reform)
Act 2018.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
3—Amendment
of section 12A—Causing death by an intentional act of
violence
(1) Section 12A—delete "(other than abortion¹)"
(2) Section 12A, note—delete the note
4—Repeal
of Part 3 Division 17
Part 3 Division 17—delete Division 17
5—Repeal
of Part 3 Division 18
Part 3 Division 18—delete Division 18
6—Amendment
of Schedule 11—Abolition of certain offences
Schedule 11 clause 1—after subclause (29) insert:
and
(30) abortion.
Part 3—Amendment
of Health Care
Act 2008
After section 89K insert:
Part 10B—Health access
zones
89KA—Interpretation
In this Part—
health access zone, in relation to protected premises,
means—
(a) the protected premises; and
(b) any public area located within 150 metres of the protected
premises;
protected premises means—
(a) each incorporated or private hospital; and
(b) the premises located at 21 Belmore Terrace, Woodville (being the
premises at which the Pregnancy Advisory Centre is located); and
(c) any other premises, or premises of a kind, declared to be protected
premises under
section 89KB
;
public area means an area or place that the public, or a
section of the public, is entitled to use or that is open to, or used by, the
public or a section of the public (whether access is unrestricted or subject to
payment of money, membership of a body or otherwise).
89KB—Minister may declare premises to be protected
premises
(1) The Minister
may, on an application by the occupier of premises, by notice in the Gazette,
declare specified premises to be protected premises for the
purposes of this Part.
(2) An application under
subsection (1)
—
(a) must be made in a manner and form determined by the Minister;
and
(b) must be accompanied by such information or documents as may be
reasonably required by the Minister.
(3) The Minister must grant an application under this section if the
Minister is satisfied that abortions are being, or are to be, performed at the
specified premises.
(4) The Minister may, by further notice in the Gazette, vary or revoke a
notice under this section (and must revoke the notice at the request of the
occupier of the protected premises to which the notice relates).
(5) A notice under this section has effect—
(a) if the notice specifies a day on which it expires—until that
day; or
(b) until revoked under this section.
89KC—Certain behaviour etc prohibited in health
access zones
(1) A person who
engages in prohibited behaviour in a health access zone is guilty of an
offence.
Maximum penalty: Imprisonment for 2 years.
(2) For the purposes of
subsection (1)
, a person engages in prohibited behaviour if the person—
(a) threatens, intimidates or harasses another person; or
(b) obstructs another person approaching, entering or leaving protected
premises; or
(c) records (by any means whatsoever) images of a person approaching,
entering or leaving protected premises; or
(d) communicates, or attempts to communicate, with a person about the
subject of abortion.
(3)
Subsection (1)
does not apply in relation to the recording of images, or communication of
information—
(a) by a person employed, or otherwise providing services, at the
protected premises to which the health access zone relates; or
(b) that occurs with the permission of the person whose image is recorded,
or to whom the information is communicated.
(4) For the purposes of this section, a person will be taken to be in a
health access zone if any part of the person is within the health access
zone.
89KD—Police officer may direct person to leave
health access zone
(1) A police officer may, if the police officer reasonably suspects that a
person has engaged, or is about to engage, in prohibited behaviour in a health
access zone, direct the person to immediately leave the health access
zone.
(2) A police
officer may, if the police officer reasonably suspects that a person or persons
are engaging, or are about to engage, in prohibited behaviour in a health access
zone, direct any or all persons within the health access zone to immediately
leave the health access zone (whether or not the person or persons to whom the
direction is given are engaging, or are about to engage, in prohibited
behaviour).
(3) However, a direction under
subsection (2)
will be taken not to apply to—
(a) a person employed, or otherwise providing services, at the protected
premises to which the health access zone relates; or
(b) a person who has had, or is to have, an abortion, or be provided other
services, at the protected premises to which the health access zone relates;
or
(c) a person genuinely accompanying a person referred to in a preceding
paragraph; or
(d) any other person of a kind declared by the regulations to be included
in the ambit of this subsection.
(4) A person who refuses or fails to comply with a direction under this
section is guilty of an offence.
Maximum penalty: $10 000.
(5) A person who, having been directed to leave a health access zone under
this section, without reasonable excuse, re-enters the health access zone within
24 hours after the direction is guilty of an offence.
Maximum penalty: $10 000.