2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Vicki Dunne)
Maternal Health Legislation Amendment Bill 2002

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Health Regulation (Maternal Health Information) Act 1998
	3	Act amended—pt 2	3
	4	Section 7 heading	3
	5	Section 7 (1) (a) and (b)	3
	6	Section 8 heading	3
	7	Section 8 (1)	3
	8	New section 8 (4)	4
	9	Section 9 heading	4
	10	Section 9 (1)	5
Part 3	Crimes Act 1900
	11	Act amended—pt 3	6
	12	Procuring own miscarriage
Section 44	6
	13	New section 45A	6

2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Vicki Dunne)
Maternal Health Legislation Amendment Bill 2002

A Bill for
An Act to amend the Health Regulation (Maternal Health Information) Act 1998 and the Crimes Act 1900 

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Maternal Health Legislation Amendment Act 2002.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act 2001, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act 2001, s 79).

Part 2	Health Regulation (Maternal Health Information) Act 1998
3	Act amended—pt 2
This part amends the Health Regulation (Maternal Health Information) Act 1998.
4	Section 7 heading
substitute
7	No abortion in certain circumstances
5	Section 7 (1) (a) and (b)
substitute
	(a)	the woman has been provided with advice and information, and offered the opportunity of referral for counselling, under section 8; and
	(b)	statements to that effect have been completed under section 9.
6	Section 8 heading
substitute
8	Advice etc for woman considering abortion
7	Section 8 (1) 
omit
a medical practitioner shall
substitute
a competent person must
8	New section 8 (4)
insert
	(4)	For this section:
associated—someone is associated with an abortion provider if the person—
	(a)	performs, or assists in the performance of, abortions; or
	(b)	is employed by someone mentioned in paragraph (a).
competent person means—
	(a)	for subsection (1) (a)—a doctor who is not associated with an abortion provider; and
	(b)	for subsection (1) (b), (c), (d) and (e)—someone who is not associated with an abortion provider and is—
	(i)	a doctor; or
	(ii)	a nurse; or
	(iii)	a registered psychologist under the Psychologists Act 1994; or
	(iv)	a social worker.
social worker means a member of the Australian Association of Social Workers or someone recognised by the association as eligible to be a member.
9	Section 9 heading
substitute
9	Declaration about advice etc to woman
10	Section 9 (1)
substitute
	(1)	If the advice, offer of the opportunity of referral to counselling or information mentioned in section 8 is provided to a woman under the section, the woman and the person who provided the advice, offer or information may jointly make a declaration in writing to that effect, stating the date and time.

Part 3	Crimes Act 1900
11	Act amended—pt 3
This part amends the Crimes Act 1900.
12	Procuring own miscarriage
Section 44
omit
10 years
substitute
1 month
13	New section 45A
insert
45A	Coercing woman to have abortion
A person must not coerce a woman to have an abortion.
Maximum penalty: imprisonment for 10 years.

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

© Australian Capital Territory 2002