New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 45

45 Prohibition of female genital mutilation

(1) A person who:

(a) excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person, or

(b) aids, abets, counsels or procures a person to perform any of those acts on another person,

is liable to imprisonment for 7 years.

(2) An offence is committed against this section even if one or more of the acts constituting the offence occurred outside New South Wales if the person mutilated by or because of the acts is ordinarily resident in the State.

(3) It is not an offence against this section to perform a surgical operation if that operation:

(a) is necessary for the health of the person on whom it is performed and is performed by a medical practitioner, or

(b) is 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 authorised professional, or

(c) is a sexual reassignment procedure and is performed by a medical practitioner.

(4) In determining whether an operation is necessary for the health of a person only matters relevant to the medical welfare of the person are to be taken into account.

(5) It is not a defence to a charge under this section that the person mutilated by or because of the acts alleged to have been committed consented to the acts.

(6) This section applies only to acts occurring after the commencement of the section.

(7) In this section:
"authorised professional" means:

(a) a registered midwife, or

(b) a midwifery student, or

(c) in relation to an operation performed in a place outside Australia-a person authorised to practise midwifery by a body established under the law of that place having functions similar to the functions of the Nursing and Midwifery Board of Australia, or

(d) a medical student.

"medical practitioner", in relation to an operation performed in a place outside Australia, includes a person authorised to practise medicine by a body established under the law of that place having functions similar to the Medical Board of Australia.
"medical student" means:

(a) a person registered as a student in the medical profession under the Health Practitioner Regulation National Law, or

(b) in relation to an operation performed in a place outside Australia-a person undergoing a course of training with a view to being authorised to be a medical practitioner in that place.

"midwifery student" means:

(a) a person registered as a student in the nursing and midwifery profession under the Health Practitioner Regulation National Law, or

(b) in relation to an operation performed in a place outside Australia-a person undergoing a course of training with a view to being authorised to be a midwife practitioner in that place.

"sexual reassignment procedure" means a surgical procedure to alter the genital appearance of a person to the appearance (as nearly as practicable) of the opposite sex to the sex of the person.