Criminal Code Amendment Act (No. 2) 2001

Criminal Code Amendment Act (No. 2) 2001

An Act to amend the Criminal Code Act 1924

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Criminal Code Amendment Act (No. 2) 2001 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Criminal Code Act 1924 is referred to as the Principal Act.

4.   Schedule 1 amended (Criminal Code)

Schedule 1 to the Principal Act is amended as follows:

(a) by omitting from section 134(2) "whether she be pregnant or not,";

(b) by omitting from section 135 "whether she is or is not pregnant,";

(c) by inserting the following section after section 163 :

164.   Medical termination of pregnancy

(1)  Notwithstanding anything contained in section 134 , 135 or 165 , but subject to this section, a person is not guilty of a crime in relation to the termination of a pregnancy which is legally justified.

(2)  The termination of a pregnancy is legally justified if –

(a) two registered medical practitioners have certified, in writing, that the continuation of the pregnancy would involve greater risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated; and

(b) the woman has given informed consent unless it is impracticable for her to do so.

(3)  In assessing the risk referred to in subsection (2) , the registered medical practitioners may take account of any matter which they consider to be relevant.

(4)  If it is impracticable for the woman to give informed consent, the two registered medical practitioners referred to in subsection (2)(a) are to make a declaration in writing detailing the reasons why it was impracticable for the woman to give informed consent.

(5)  At least one of the registered medical practitioners referred to in subsection (2)(a) is to specialise in obstetrics or gynaecology.

(6)  A legally justified termination can only be performed by a registered medical practitioner.

(7)  Subject to subsection (8) , no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment, including any counselling authorised by this section, to which the person has a conscientious objection.

(8)  Nothing in subsection (7) affects any duty to participate in treatment which is necessary to save the life of a pregnant woman or to prevent her immediate serious physical injury.

(9)  In this section –

informed consent means consent given by a woman where –

(a) a registered medical practitioner has provided her with counselling about the medical risk of termination of pregnancy and of carrying a pregnancy to term; and

(b) a registered medical practitioner has referred her to counselling about other matters relating to termination of pregnancy and carrying a pregnancy to term;

woman means any female person of any age.

5.   Protection from prosecution

No prosecution lies against any person in relation to a termination of pregnancy performed before the commencement of this Act by a registered medical practitioner at a public hospital or private medical establishment.

[Second reading presentation speech made in:

House of Assembly on 19 DECEMBER 2001

Legislative Council on 20 DECEMBER 2001]