Page 420 - Week 02 - Tuesday, 7 March 2006

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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

17A New section 42A 

insert

42A Offences relating to unborn  children

(1) This section does not apply to—

(a) a lawful abortion; or

(b) anything done by a pregnant woman in relation to her own unborn child; or

(c) anything done to save the life of, or preserve the health of, a woman who is pregnant, or her unborn child; or

(d) anything done otherwise within the usual and customary standards of medical practice.

(2) A person commits an offence if the person—

(a) engages in conduct that causes the death of an unborn child; and

(b) 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.

(3) 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—

(a) endangers, or is likely to endanger, the life of the unborn child; or

(b) 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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