2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Katy Gallagher)
Medical Practitioners (Maternal Health) Amendment Bill 2002

A Bill for
An Act to amend the Medical Practitioners Act 1930 

    

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

1	Name of Act
This Act is the Medical Practitioners (Maternal Health) Amendment Bill 2002.
2	Commencement
	(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.
3	Act amended
This Act amends the Medical Practitioners Act 1930.
4	New part 4B
insert
Part 4B	Abortions
55A	Meaning of abortion for pt 4B
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.
55B	Only medical practitioner may carry out abortion
A person who is not a registered medical practitioner must not carry out an abortion.
Maximum penalty: imprisonment for 5 years.
55C	Abortion to be carried out in approved medical facility
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. 
55D	Approval of facilities
	(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).
55E	No obligation to carry out abortion
	(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.

Endnotes
Republications of amended laws
1	For the latest republication of amended laws, see www.legislation.act.gov.au.
Penalty units
2	The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

© Australian Capital Territory 2002