Prohibition of female genital mutilation
45 Prohibition of female genital mutilation
A person who—
excises, infibulates or otherwise mutilates the whole or any part of the labia majora or labia minora or clitoris of another person, regardless of the age of the other person, or
aids, abets, counsels or procures a person to perform any of those acts on another person, regardless of the age of the other person,
is liable to imprisonment for 21 years.
To avoid doubt, subsection (1)(a) is not limited to acts performed for ritualistic or traditional purposes.
It is not an offence against this section to perform a surgical operation if that operation—
is necessary for the health of the person on whom it is performed and is performed by a medical practitioner, or
is performed on a person in labour or who has just given birth, and for medical purposes connected with that labour or birth, by a medical practitioner or authorised professional, or
is a sexual reassignment procedure and is performed by a medical practitioner.
In determining whether an operation is necessary for the health of a person only matters relevant to the medical welfare of the person are to be taken into account.
Also, it is not an offence against this section to perform any of the following acts on another person—
piercing or tattooing, if the piercing or tattooing is carried out in accordance with all relevant legal, professional and ethical requirements applicable to the piercing or tattooing, or
another act that is prescribed by the regulations.
It is not a defence to a charge under this section that the person mutilated by or because of the acts alleged to have been committed consented to the acts.
This section applies only to acts occurring after the commencement of the section.
In this section—
authorised professional means—
a registered midwife, or
a midwifery student, or
in relation to an operation performed in a place outside Australia—a person authorised to practise midwifery by a body established under the law of that place having functions similar to the functions of the Nursing and Midwifery Board of Australia, or
a medical student, or
a person who is a member of a class of persons prescribed by the regulations.
medical practitioner, in relation to an operation performed in a place outside Australia, includes a person authorised to practise medicine by a body established under the law of that place having functions similar to the Medical Board of Australia.
medical student means—
a person who is registered as a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the medical profession, or
in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a medical practitioner in that place.
midwifery student means—
a person who is registered as a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the midwifery profession, or
in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a midwife practitioner in that place.
sexual reassignment procedure means a surgical procedure to alter the genital appearance of a person to the appearance (as nearly as practicable) of the opposite sex to the sex of the person.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
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