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Crimes (Decriminalisation of Abortion) Bill 2007 Introduction Print EXPLANATORY MEMORANDUM Clause Notes Clause 1 sets out the purpose of the Bill which is to abolish the offences of unlawful abortion by the repeal of two relevant provisions in the Crimes Act 1958, to abolish any common law offences of unlawful abortion and to ensure the provision of safe and competent health services to women having an abortion. Clause 2 provides for the Act to come into operation on the day after it receives the Royal Assent. Clause 3 makes necessary amendments to section 10 of the Crimes Act 1958 consequential on the repeal of section 65. Subclause (1)(a) removes references in section 10 to section 65. Subclause (1)(b) repeals subsection (4) of section 10 which is a provision enabling a jury to find a person charged with the more serious offence of child destruction guilty of an offence under section 65. Subclause (2) expressly preserves the remaining provisions of section 10 so that the offence of child destruction as defined in that provision is unaltered. Clause 4 inserts a new section 34AA in the Crimes Act 1958 creating an indictable offence and maximum penalty in respect of the performing of an abortion (as defined in the section) by a person who is not a registered medical practitioner or who is not performing the abortion under the direction or supervision of a registered medical practitioner. 561PM1 1 BILL LC INTRODUCTION 17/7/2007
Clause 5 repeals subdivision (11) (which contains sections 65 and 66) of Division 1 of Part I of the Crimes Act 1958 thereby abolishing the criminal offences of unlawful abortion (relating to women undertaking abortion and people involved in the performance of abortion) and replaces it with a new subdivision that abolishes any common law offences of unlawful abortion to remove any doubt about the existence of those criminal offences. Clause 6 provides for the automatic repeal of the Act on the first anniversary of its commencement. As suggested by the Scrutiny of Acts and Regulations Committee, all amending Acts now contain an automatic repeal provision, which will save the time and expense of having to repeal amending Acts in statute law revision Bills. The repeal of this Act does not affect in any way the operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 2