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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 2973 ..

MS CARNELL (Chief Minister and Treasurer) (11.26): Mr Speaker, for the information of members, it might be appropriate, particularly for Mr Berry's purpose, to read into Hansard the legal opinion on this clause. The legal opinion is:

This clause makes clear that a person who fails to comply with a requirement of the Bill in relation to the performance of an abortion can, nonetheless, perform the abortion lawfully for the purposes of the Crimes Act. Conversely, a person could comply with the requirements of the Bill but be found guilty of performing an unlawful abortion under the Crimes Act.

It goes on:

It is useful to clarify the relationship of this legislation with the Crimes Act provisions.

Quite simply, that is the reason it is there.

Clause agreed to.

Clause 4

MR MOORE (Minister for Health and Community Care) (11.28): Mr Speaker, I move amendment No. 2 circulated in my name:

Page 2, line 26, definition of "approved facility", omit "prescribed in the regulations for the purposes of this definition", substitute "approved under subsection 12(1)".

Mr Speaker, amendment No. 2 is actually consequential on amendment No. 20. Between them these amendments improve the way in which the concept of "approved facility" is handled. I will come back to it, Mr Speaker, in terms of amendment No. 20.

Amendment agreed to.

MR MOORE (Minister for Health and Community Care) (11.28): I move amendment No. 3 circulated in my name:

Page 2, line 31, paragraph (a) definition of "medical emergency", omit the words "and irreversible".

Mr Speaker, amendment No. 3, together with amendment No. 4, proposes the removal of an unnecessary restriction from the definition of "medical emergency". Limiting emergencies to medical situations involving irreversible harms would rule out some situations. What I have sought to do is remove the irreversible harms section, Mr Speaker, and open it somewhat.

Amendment agreed to.

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