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This is a Bill, not an Act. For current law, see the Acts databases.
MEDICAL PRACTITIONERS (MATERNAL HEALTH) AMENDMENT BILL 2002
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
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