2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Steve Pratt)
Crimes Amendment Bill 2005

A Bill for
An Act to amend the Crimes Act 1900

    

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

1	Name of Act
This Act is the Crimes Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Crimes Act 1900.
4	Offences against Act—application of Criminal Code etc
Section 7A, note 1, new dot point
insert
·	section 42A (Offences relating to unborn children)
5	New section 42A
insert
42A	Offences relating to unborn children
	(1)	This section does not apply to—
	(a)	a lawful abortion; or 
	(b)	anything done by a pregnant woman in relation to her own unborn child; or
	(c)	anything done to save the life of, or preserve the health of, a woman who is pregnant or her unborn child; or 
	(d)	anything done otherwise within the usual and customary standards of medical practice.
	(2)	A person commits an offence if the person intentionally kills an unborn child.
Maximum penalty:  imprisonment for life.
	(3)	A person commits an offence if—
	(a)	the person intentionally assaults a pregnant woman; and
	(b)	the person knows or ought reasonably to know that the woman is or may be pregnant; and
	(c)	in committing the assault, the person (directly or indirectly) kills the woman’s unborn child.
Maximum penalty:  imprisonment for 20 years.
	(4)	A person commits an offence if—
	(a)	the person intentionally assaults a pregnant woman; and
	(b)	the person knows or ought reasonably to know that the woman is or may be pregnant; and
	(c)	in committing the assault, the person (directly or indirectly) does serious harm to the woman’s unborn child.
Maximum penalty:  imprisonment for 15 years.
	(5)	A person commits an offence if—
	(a)	the person commits an offence against section 29 (2) (which is about culpable driving of a motor vehicle causing the death of another person); and
	(b)	in committing the offence, the person (directly or indirectly) kills an unborn child.
Maximum penalty:  imprisonment for 7 years.
	(6)	A person commits an offence if—
	(a)	the person commits an offence against section 29 (3) (which is about culpable driving of a motor vehicle causing grievous bodily harm to another person); and
	(b)	in committing the offence, the person (directly or indirectly) kills an unborn child.
Maximum penalty:  imprisonment for 4 years.
	(7)	A person commits an offence if—
	(a)	the person commits an offence against—
	(i)	another provision of this part (other than section 29); or 
	(ii)	the Criminal Code; and
	(b)	in committing the other offence, the person (directly or indirectly) kills, or does serious harm to, an unborn child.
Maximum penalty:  the maximum penalty for the other offence. 
	(8)	In this section:
harm, in relation to an unborn child, means physical harm to the unborn child, including disfigurement and infection with a disease, whether temporary or permanent.
serious harm, in relation to an unborn child, means any harm (including the cumulative effect of more than 1 harm) that—
	(a)	endangers, or is likely to endanger, the life of the unborn child; or
	(b)	is, or is likely to be, significant and longstanding.
unborn child means an embryo or foetus at any stage of its development.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005