Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts5. After Part IIIA of the Principal Act the following Part is inserted:
“92V. In this Part—
(a) clitoridectomy or the excision of any other part of the female genital organs;
(b) infibulation or similar procedure; or
(c) any other mutilation of the female genital organs.
“92W. (1) A person shall not intentionally perform female genital mutilation on another person.
Penalty: Imprisonment for 15 years.
“(2) It is not a defence to a prosecution for an offence under this section that the person on whom the female genital mutilation was performed, or a parent or guardian of that person, consented to the mutilation.
“92X. (1) A person shall not take a child from the Territory, or arrange for a child to be taken from the Territory, with the intention of having female genital mutilation performed on the child.
Penalty: Imprisonment for 7 years.
“(2) In proceedings for an offence against subsection (1), if it is proved that—
(a) the defendant took a child, or arranged for a child to be taken, from the Territory; and
(b) female genital mutilation was performed on the child while outside the Territory;
it will be presumed, in the absence of proof to the contrary, that the defendant took the child, or arranged for the child to be taken, from the Territory with the intention of having female genital mutilation performed on the child.
“(3) In this section—
“92Y. (1) It is not an offence under this Part to perform a medical procedure that has a genuine therapeutic purpose or to take a person, or arrange for a person to be taken, from the Territory with the intention of having such a procedure performed on the person.
“(2) A medical procedure has a genuine therapeutic purpose only if—
(a) performed on a person in labour, or who has just given birth, and for medical purposes connected with that labour or birth, by a medical practitioner or midwife; or
(b) necessary for the health of the person on whom it is performed and it is performed by a medical practitioner.
“(3) A medical procedure that is performed as, or as part of, a cultural, religious or other social custom is not of itself to be regarded as being performed for a genuine therapeutic purpose.
“(4) In paragraph (2) (a)—
(a) registered as a midwife under the Nurses Act 1988 ; or
(b) deemed to be registered as a midwife under that Act by virtue of section 25 of the Mutual Recognition Act 1992 of the Commonwealth.
“92Z. (1) It is not an offence under this Part to perform a sexual reassignment procedure or to take, or arrange for a person to be taken, from the Territory with the intention of having such a procedure performed on the person.
“(2) In subsection (1)—