Criminal Code Act 1899

An unqualified person who performs a termination on another person commits a crime.Maximum penalty—7 years imprisonment.

An unqualified person who assists in the performance of a termination on another person commits a crime.Maximum penalty—7 years imprisonment.

Note—The Termination of Pregnancy Act 2018, section 10 provides that a person who consents to, assists in, or performs a termination on themself does not commit an offence.

In this section—assisting, in the performance of a termination on a person—

includes—

dispensing a termination drug for use in the termination; and

supplying a termination drug for use in the termination; and

procuring the supply of a termination drug from an unqualified person for use in the termination; and

administering a termination drug; but

does not include providing care to the person before or after the termination is performed.

medical termination means a termination caused by use of a termination drug.perform includes attempt to perform.prescribed health profession means any of the following health professions under the Health Practitioner Regulation National Law—

Aboriginal and Torres Strait Islander health practice;

medical;

midwifery;

nursing;

pharmacy;

another health profession prescribed under the Termination of Pregnancy Act 2018, schedule 1, definition prescribed health profession, paragraph (f).

prescribed practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a prescribed health profession, other than as a student.prescribed student means a person—

whose name is entered in a student register, for a prescribed health profession, as being currently registered under the Health Practitioner Regulation National Law; and

who assists in the performance of a termination on a person only—

under the supervision of—

a medical practitioner performing the termination; or

for a medical termination—a registered health practitioner, to whom the Termination of Pregnancy Act 2018, section 6A applies, performing the termination; or

a prescribed practitioner lawfully assisting in the performance of the termination; or

the student’s primary clinical supervisor; and

to the extent necessary to complete the student’s program of study for, or clinical training in, the student’s health profession.

primary clinical supervisor, of a prescribed student, means a prescribed practitioner who has primary responsibility for supervising the clinical work performed by the student for the student’s program of study for, or clinical training in, the student’s health profession.student register, for a health profession, see the Health Practitioner Regulation National Law.termination means an intentional termination of a pregnancy in any way, including, for example, by—

administering a drug; or

using an instrument or other thing.

termination drug means a drug of a kind used to cause a termination.unqualified person means—

in relation to the performance of a termination—a person who is not—

a medical practitioner; or

for a medical termination—a registered health practitioner to whom the Termination of Pregnancy Act 2018, section 6A applies; or

in relation to assisting in the performance of a termination on another person—a person who is not—

a medical practitioner; or

for a medical termination—a registered health practitioner to whom the Termination of Pregnancy Act 2018, section 6A applies; or

a prescribed practitioner providing the assistance in the practice of the practitioner’s prescribed health profession; or

a prescribed student.

sch 1 pt 5 ch 29 s 319A prev s 319A ins 1964 No. 14 s 5