Legislative Assembly for the ACT: 2006 Week 02 Hansard (Tuesday, 7 March 2006) . . Page.. 420 ..
Schedules of Amendments
Crimes (Offences Against Pregnant Women) Amendment Bill 2005
Amendment moved by Mr Pratt
Proposed new clause 17A
Page 5, line 20—
17A New section 42A
42A Offences relating to unborn children
• This section does not apply to—
• a lawful abortion; or
• anything done by a pregnant woman in relation to her own unborn child; or
• anything done to save the life of, or preserve the health of, a woman who is pregnant, or her unborn child; or
• anything done otherwise within the usual and customary standards of medical practice.
• A person commits an offence if the person—
• engages in conduct that causes the death of an unborn child; and
• is reckless about causing the death of, or serious harm to, the unborn child by the conduct.
Maximum penalty: 2 000 penalty units, imprisonment for 20 years or both.
• In this section:
harm, in relation to an unborn child, means physical harm to the unborn child, including disfigurement and infection with a disease, whether temporary or permanent.
serious harm, in relation to an unborn child, means any harm (including the cumulative effect of more than 1 harm) that—
• endangers, or is likely to endanger, the life of the unborn child; or
• is, or is likely to be, significant and longstanding.
unborn child means an embryo or foetus at any stage of its development.