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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Decriminalisation of Abortion) Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Amendment of section 10 of the Crimes Act 1958 2
4 New section 34AA inserted in the Crimes Act 1958 2
34AA Offence for certain persons to perform abortions 2
5 Repeal of statutory and common law offences of unlawful
abortion 3
(11) Abrogation of common law offence of unlawful abortion 3
65 Abrogation of common law rule of unlawful abortion 3
6 Repeal of Act 3
ENDNOTES 4
561PM1B.I-17/7/2007 i BILL LC INTRODUCTION 17/7/2007
PARLIAMENT OF VICTORIA
Introduced in the Council by Ms. Candy Broad
Crimes (Decriminalisation of Abortion)
Bill 2007
A Bill for an Act to amend the Crimes Act 1958 and to ensure
the provision of safe and competent health services to women
having abortions and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is--
(a) to repeal certain provisions of the Crimes
Act 1958 so as to abolish the offences of
5 unlawful abortion; and
(b) to abolish any common law offences of
unlawful abortion; and
(c) to ensure the provision of safe and competent
health services to women having abortions.
561PM1B.I-17/7/2007 1 BILL LC INTRODUCTION 17/7/2007
Crimes (Decriminalisation of Abortion) Bill 2007
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Amendment of section 10 of the Crimes Act 1958
5 (1) In section 10 of the Crimes Act 1958--
(a) in subsection (3), omit "or for any offence
under section sixty-five of this Act" and
"or of any offence under the said section
sixty-five (as the case may be)"; and
10 (b) subsection (4) is repealed.
(2) Except as provided in subsection (1), nothing in
this Act affects the operation of section 10 of the
Crimes Act 1958.
4 New section 34AA inserted in the Crimes Act 1958
15 After section 34A of the Crimes Act 1958
insert--
"34AA Offence for certain persons to perform
abortions
(1) In this section--
20 abortion means causing a woman's
miscarriage by any means including
administering a drug or using an
instrument;
medical practitioner means a medical
25 practitioner registered under the Health
Professions Registration Act 2005.
(2) A person must not perform an abortion
unless he or she--
(a) is a medical practitioner; or
561PM1B.I-17/7/2007 2 BILL LC INTRODUCTION 17/7/2007
Crimes (Decriminalisation of Abortion) Bill 2007
s. 5
(b) performs the abortion under the
direction or supervision of a medical
practitioner.
Penalty: Level 5 imprisonment (10 years
5 maximum).".
5 Repeal of statutory and common law offences of
unlawful abortion
For Subdivision (11) of Division 1 of Part I of the
Crimes Act 1958 substitute--
10 "(11) Abrogation of common law offence of
unlawful abortion
65 Abrogation of common law rule of
unlawful abortion
Any rule of common law that creates an
15 offence of unlawful abortion in relation to
procuring a woman's miscarriage is hereby
abrogated.".
6 Repeal of Act
This Act is repealed on the first anniversary of its
20 commencement.
561PM1B.I-17/7/2007 3 BILL LC INTRODUCTION 17/7/2007
Crimes (Decriminalisation of Abortion) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561PM1B.I-17/7/2007 4 BILL LC INTRODUCTION 17/7/2007
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