2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Steve Pratt)
Crimes Amendment Bill 2002

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 2002.
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	Act amended
This Act amends the Crimes Act 1900.
4	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 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 destroys the life of an unborn child.
Maximum penalty:  imprisonment for life.
	(3)	A person commits an offence if—
	(a)	the person intentionally or recklessly assaults a pregnant woman; and
	(b)	the person knows or ought reasonably to know that the woman is pregnant; and
	(c)	in committing the assault, the person (directly or indirectly) destroys the life of, does grievous bodily harm to, or transmits a serious disease to, the woman’s unborn child.
Maximum penalty:  imprisonment for 20 years.
	(4)	A person commits an offence if—
	(a)	the person commits an offence against another provision of this part; and
	(b)	in committing the other offence, the person (directly or indirectly) destroys the life of, does grievous bodily harm to, or transmits a serious disease to, an unborn child.
Maximum penalty:  imprisonment for 15 years. 
	(5)	In this section:
serious disease means a disease that would, if left untreated—
	(a)	endanger or be likely to endanger life; or 
	(b)	cause or be likely to cause permanent injury to health, loss of a distinct part or organ of the body or serious disfigurement;
whether or not treatment is or could have been available.
unborn child means a fetus at any stage of its development.

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

© Australian Capital Territory 2002