Medical Practitioners (Maternal Health) Amendment Act 2002 (ACT)

Medical Practitioners (Maternal Health) Amendment Act 2002

Act 2002 No 26

An Act to amend the Medical Practitioners Act 1930

Notified under the Legislation Act 2001 on 9 September 2002

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Medical Practitioners (Maternal Health) Amendment Act 2002.

2. Commencement

3. This Act commences on the day after the Health Regulation (Maternal Health Information) Repeal Act 2002 commences.

4. If this Act has not commenced within 6 months beginning on the notification day, it expires at the end of that period.

5. Act amended

   This Act amends the Medical Practitioners Act 1930.

6. New part 4B

   insert

Part 4BAbortions

55AMeaning 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.

55BOnly 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.

55CAbortion 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.

55DApproval 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.

   NoteA 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).

55ENo 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 units

   1. The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

   [Presentation speech made in Assembly on 15 May 2002]

   I certify that the above is a true copy of the Medical Practitioners (Maternal Health) Amendment Bill 2002 which was passed by the Legislative Assembly on 21 August 2002.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2002