Euthanasia Laws Act 1997 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Euthanasia Laws Act 1997 .
This Act commences on the day on which it receives the Royal Assent.
The Acts that are specified in Schedules to this Act are amended as set out in the applicable items in the Schedule concerned, and any other items in the Schedules to this Act have effect according to their terms.
Insert
50A Laws concerning euthanasia
(1) Subject to this section the power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws which permit or have the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the assisting of a person to terminate his or her life.
(2) The Legislative Assembly does have power to make laws with respect to:
(a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient but not so as to permit the intentional killing of the patient; and
(b) medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of the patient; and
(c) the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and
(d) the repealing of legal sanctions against attempted suicide.
For the avoidance of doubt, the enactment of the Legislative Assembly called the
Rights of the Terminally Ill Act 1995 has no force or effect as a law of the Territory, except as regards the lawfulness or validity of anything done in accordance therewith prior to the commencement of this Act.
Insert:
(1A) The Assembly has no power to make laws permitting or having the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the assisting of a person to terminate his or her life.
(1B) The Assembly does have power to make laws with respect to:
(a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient but not so as to permit the intentional killing of the patient; and
(b) medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of the patient; and
(c) the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and
(d) the repealing of legal sanctions against attempted suicide.
Add:
(d) which permit or have the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the assisting of a person to terminate his or her life.
Insert:
(2A) The Legislative Assembly does have power to make laws with respect to:
(a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient but not so as to permit the intentional killing of the patient; and
(b) medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of the patient; and
(c) the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and
(d) the repealing of legal sanctions against attempted suicide.
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(113/96)
I HEREBY CERTIFY that the above is a fair print of the Euthanasia Laws Bill 1997 which originated in the House of Representatives as the Euthanasia Laws Bill 1996 and has been finally passed by the Senate and the House of Representatives.
IN THE NAME OF HER MAJESTY, I assent to this Act.
March 1997
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