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Legislative Assembly for the ACT: 2006 Week 02 Hansard (Tuesday, 7 March 2006) . . Page.. 420 ..


Schedules of Amendments

Schedule 1

Crimes (Offences Against Pregnant Women) Amendment Bill 2005

Amendment moved by Mr Pratt

1

Proposed new clause 17A

Page 5, line 20—

insert

17ANew section 42A

insert

42AOffences 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.



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