2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Steve Pratt)

An Act to amend the Crimes Act 1900

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Crimes Amendment Act 2002.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Crimes Act 1900.

(1) This section does not apply to—

(a) a lawful abortion; or

(b) anything done by a pregnant woman in relation to her own unborn child; or

(c) anything done to save the life of a woman who is pregnant or her unborn child; or

(d) anything done otherwise within the usual and customary standards of medical practice.

(2) A person commits an offence if the person intentionally destroys the life of an unborn child.

Maximum penalty: imprisonment for life.

(3) A person commits an offence if—

(a) the person intentionally or recklessly assaults a pregnant woman; and

(b) the person knows or ought reasonably to know that the woman is pregnant; and

(c) in committing the assault, the person (directly or indirectly) destroys the life of, does grievous bodily harm to, or transmits a serious disease to, the woman’s unborn child.

Maximum penalty: imprisonment for 20 years.

(4) A person commits an offence if—

(a) the person commits an offence against another provision of this part; and

(b) in committing the other offence, the person (directly or indirectly) destroys the life of, does grievous bodily harm to, or transmits a serious disease to, an unborn child.

Maximum penalty: imprisonment for 15 years.

(5) In this section:

serious disease means a disease that would, if left untreated—

(a) endanger or be likely to endanger life; or

(b) cause or be likely to cause permanent injury to health, loss of a distinct part or organ of the body or serious disfigurement;

whether or not treatment is or could have been available.

unborn child means a fetus at any stage of its development.

For the latest republication of amended laws, see www.legislation.act.gov.au.