2019
The Parliament of the
Commonwealth of Australia
SENATE
Presented and read a first time
Abortion Access Standardisation Bill (No. 2) 2019
No. , 2019
The Hon tobycool2001_1
Written by tobycool2001_1
An Bill for an Act to reform access to abortion services, and for related purposes.
An Bill for an Act to reform access to abortion services, and for related purposes.
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Abortion Access Standardisation Act (No. 2) 2019.
2 Commencement
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. The whole of this Act | 90 days after: |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2)Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Crown to be bound
This Act binds the Crown in all its capacities.
4 Constitutional basis for this Act
This Act relies on either:
5 Application of this Act
Where this Act conflicts with existing Commonwealth, State, Territory or local government law, or the common law, this Act applies.
6 Definitions
In this Act:
abortion means intentionally causing the termination of a pregnancy by:
abortion health service means any premises at which medical services which relate to abortion are provided, but does not include a pharmacy.
hospital means a public hospital, private hospital or day procedure centre within the meaning of the state or territory legislation where the abortion takes place.
pregnant person means a person of any age who has fallen pregnant.
registered medical practitioner means a person who:
registered pharmacist means a person who is registered or licensed as a pharmacist under a State or Territory law.
registered nurse means a person who is registered or licensed as a nurse under a State or Territory law.
7 Objects of this Act
The objects of this Act are:
Part 2—Role of registered health practitioners
8 Termination of pregnancy by registered medical practitioner at not more than 24 weeks
(1)A registered medical practitioner may perform an abortion on a pregnant person who is not more than 24 week pregnant.
(2) The registered medical practitioner must outline the process involved in abortion, the risks associated and the alternatives to abortion prior to performing the abortion.
9 Termination of pregnancy by registered medical practitioner after 24 weeks
(1)A registered medical practitioner may perform an abortion on a pregnant person who is more than 24 weeks pregnant only if the medical practitioner:
(2)The registered medical practitioner must outlined the process involved in abortion, the risks associated and the alternatives to abortion prior to performing the abortion.
(3) In considering whether the abortion is appropriate in the circumstances, a registered medical practitioner must have regard to:
10 Supply or administration of drugs by registered pharmacist or registered nurse at not more than 24 weeks
A registered pharmacist or registered nurse who is authorised by state or territory law to administer or supply a drug used in abortion may administer or supply the drug to cause an abortion in a pregnant person who is not more than 24 weeks pregnant.
11 Supply or administration of drugs by registered pharmacist or registered nurse after than 24 weeks
(1)A registered medical practitioner may, in writing, direct a registered pharmacist or registered nurse, who is employed or engaged by a hospital, to administer or supply a drug to cause an abortion in a pregnant person who is more than 24 weeks pregnant only if the medical practitioner:
(2) In considering whether the abortion is appropriate in the circumstances, a registered medical practitioner must have regard to:
(3) A registered pharmacist or registered nurse who is authorised by state or territory law to administer or supply a drug used in abortion may administer or supply a drug to cause an abortion in a pregnant person who is more than 24 weeks pregnant only if the pharmacist is employed or engaged by a hospital and only at the written direction of a registered medical practitioner.
12 Obligations of registered health practitioner who has conscientious objection
(1)If a pregnant person requests a registered health practitioner to advise on a proposed abortion, or to perform, direct, authorise or supervise an abortion for that pregnant person, and the practitioner has a conscientious objection to abortion, the practitioner must:
(2) If the health practitioner does not know of a registered health practitioner who does not have a conscientious objection to abortion they shall refer them to the Department.
(3) If a registered pharmacist or registered nurse has a conscientious objection to abortion, they shall not be required to administer or supply the drug to cause an abortion.
(4) Despite any conscientious objection to abortion, a registered medical practitioner, a registered pharmacist or registered nurse is under a duty to perform an abortion or administer or supply a drug to cause an abortion in an emergency where the abortion is necessary to preserve the life of the pregnant person.
(5) For the purposes of subsection (4), an emergency where an abortion is necessary to preserve the life of the pregnant person is where two registered medical practitioners reasonably believe that abortion is the best medical course of action in order to save the pregnant person’s life.
Part 3—Safe Access Zones
13 Interfering with access of persons to reproductive health clinics
(1) This section does not apply to:
A person commits an offence if:
Penalty: 50 penalty units or 6 months in prison, or both.
A person commits an offence if:
Penalty: 50 penalty units or 6 months in prison, or both.
A person commits an offence if:
the person communicates about abortions, or information which relates to abortions, by any means, in a manner:
Penalty: 50 penalty units or 6 months in prison, or both.
A person commits an offence if:
Penalty: 50 penalty units or 6 months in prison, or both.
A person commits an offence if a person distributes a recording, photograph, film, captures or something similar of a person accessing or leaving, or attempting to access or leave, an abortion health service without their consent.
Penalty: 50 penalty units or 6 months in prison, or both.
Subsection (5) does not apply to:
Part 4—Immunities
14 Immunity of any statutory or common law offences relating to rights granted under this Act
A person who engages in conduct pursuant to this Act that complies with this Act will be immune from any statutory or common law offences that relate to abortion that arise from this conduct.
Where offences that are created or rights and obligations that are granted or created under this Act conflict with existing Commonwealth, State, Territory or local government offences or offences in the common law, this Act applies.