2005

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 2005.

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.

• section 42A (Offences relating to unborn children)

(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, or preserve the health 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 kills an unborn child.

Maximum penalty: imprisonment for life.

(3) A person commits an offence if—

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

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

(c) in committing the assault, the person (directly or indirectly) kills the woman’s unborn child.

Maximum penalty: imprisonment for 20 years.

(4) A person commits an offence if—

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

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

(c) in committing the assault, the person (directly or indirectly) does serious harm to the woman’s unborn child.

Maximum penalty: imprisonment for 15 years.

(5) A person commits an offence if—

(a) the person commits an offence against section 29 (2) (which is about culpable driving of a motor vehicle causing the death of another person); and

(b) in committing the offence, the person (directly or indirectly) kills an unborn child.

Maximum penalty: imprisonment for 7 years.

(6) A person commits an offence if—

(a) the person commits an offence against section 29 (3) (which is about culpable driving of a motor vehicle causing grievous bodily harm to another person); and

(b) in committing the offence, the person (directly or indirectly) kills an unborn child.

Maximum penalty: imprisonment for 4 years.

(7) A person commits an offence if—

(a) the person commits an offence against—

(i) another provision of this part (other than section 29); or

(ii) the Criminal Code; and

(b) in committing the other offence, the person (directly or indirectly) kills, or does serious harm to, an unborn child.

Maximum penalty: the maximum penalty for the other offence.

(8) In this section:

harm, in relation to an unborn child, means physical harm to the unborn child, including disfigurement and infection with a disease, whether temporary or permanent.

serious harm, in relation to an unborn child, means any harm (including the cumulative effect of more than 1 harm) that—

(a) endangers, or is likely to endanger, the life of the unborn child; or

(b) is, or is likely to be, significant and longstanding.

unborn child means an embryo or foetus at any stage of its development.

Presentation speech made in the Legislative Assembly on 2005.

Notified under the Legislation Act on 2005.

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