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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).
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