Schedule 1 to the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of judicial officer in section 1 :

midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession;

(b) by inserting the following definition after the definition of night in section 1 :

nurse means a registered nurse or an enrolled nurse;

(c) by inserting the following definition after the definition of ship in section 1 :

terminate , except in section 64 , means to discontinue a pregnancy so that it does not progress to birth by –

(a) using an instrument or a combination of instruments; or

(b) using a drug or a combination of drugs; or

(c) any other means –

but does not include –

(d) the supply or procurement of any thing for the purpose of discontinuing a pregnancy; or

(e) the administration of a drug or a combination of drugs for the purpose of discontinuing a pregnancy by a nurse or midwife acting under the direction of a medical practitioner;

(d) by inserting the following subsections after subsection (1) in section 51 :

(1A)  Subject to section 149 , and despite subsection (1), a termination can be lawfully performed on a woman by a medical practitioner if it is performed in good faith, with reasonable care and skill and with the woman's consent.

(1B)  For the purposes of subsection (1A) , woman means a female person of any age.

(e) by omitting subsection (3) from section 51 and substituting the following subsection:

(3)  If a person is in such a condition as to be incapable of giving consent under subsection (1) or (1A) , the operation may be performed without such consent if the operation is –

(a) performed in good faith and with reasonable care and skill; and

(b) for the person's benefit; and

(c) reasonable, having regard to all the circumstances.

(f) by omitting sections 134 and 135 ;

(g) by omitting sections 164 and 165 ;

(h) by inserting the following sections after section 178C :

178D.     Termination by person other than medical practitioner or pregnant woman

(1)  A person who performs a termination on a woman and who is not –

(a) a medical practitioner; or

(b) the pregnant woman –

is guilty of a crime.

Charge:  Termination by person other than medical practitioner or pregnant woman.

(2)  For the purposes of subsection (1) , woman means a female person of any age.

178E.     Termination without woman's consent

(1)  A person who intentionally or recklessly performs a termination on a woman without the woman's consent, whether or not the woman suffers any other harm, is guilty of a crime.

Charge:  Termination without woman's consent.

(2)  No prosecution is to be instituted against a medical practitioner who performs a termination on a woman if the woman is incapable of giving consent and the termination is –

(a) performed in good faith and with reasonable care and skill; and

(b) is for the woman's benefit; and

(c) is reasonable having regard to all the circumstances.

(3)  For the purposes of this section, woman means a female person of any age.