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HEALTH ACT 1993 - SECT 85 Definitions—div 6.2

HEALTH ACT 1993 - SECT 85

Definitions—div 6.2

    (1)     In this division:

"capture visual data"—a person captures visual data of another person if the person captures moving or still images of the other person by a camera or any other means in such a way that—

        (a)     a recording is made of the images; or

        (b)     the images are capable of being transmitted in real time with or without retention or storage in a physical or electronic form; or

        (c)     the images are otherwise capable of being distributed.

"prohibited behaviour", in a protected area around a protected facility, means any of the following:

        (a)     the harassment, hindering, intimidation, interference with, threatening or obstruction of a person, including by the capturing of visual data of the person, in the protected period that is intended to stop the person from—

              (i)     entering the protected facility; or

              (ii)     having an abortion, providing a surgical abortion or prescribing, supplying or administering an abortifacient in the protected facility;

        (b)     an act that—

              (i)     can be seen or heard by anyone in the protected period; and

              (ii)     is intended to stop a person from—

    (A)     entering the protected facility; or

    (B)     having an abortion, providing a surgical abortion or prescribing, supplying or administering an abortifacient in the protected facility;

        (c)     a protest, by any means, in the protected period in relation to a person doing any of the things mentioned in paragraph (b) (ii) (A) or (B).

"protected area" means an area declared under section 86.

"protected facility" means an approved medical facility or other place around which a protected area has been declared under section 86.

    (2)     For this section, "protected period", in relation to a protected facility, means the period between 7 am and 6 pm on each day the facility is open or any other period declared by the Minister.

    (3)     A declaration is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

.