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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 2986 ..

MR HUMPHRIES (Attorney-General, Minister for Justice and Community Safety and Minister Assisting the Treasurer) (12.17 am): Mr Speaker, in light of what the Chief Minister said before, I ask for leave to move an amendment to subclause 5(2).

Leave granted.

MR HUMPHRIES: I move:

Page 3, line 31, add the words "or imprisonment for 6 months, or both".

Mr Speaker, this is to bring this provision into line with what the Chief Minister was talking about before - equivalent penalties in other legislation. I realise that the choice between five years' imprisonment and $5,000 is a very big gap. I am suggesting that we should compromise a little bit by having some sentence of imprisonment for a person who conducts an abortion in a grossly unsafe place. I will not speak at any further length. I think I have already made my case fairly clearly. I would ask members to consider whether it is appropriate to put in some kind of penalty which is more than just money. Let us face it. Doctors are generally able to meet those sorts of penalties reasonably comfortably. Therefore, we should provide for some other more severe deterrent against people conducting abortions in inappropriate places.

MR QUINLAN (12.19 am): I think I have to agree with Mr Humphries again. I think the point is well made that the $5,000 may be well within the reach of the MDs, so I will agree.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 6

MR MOORE (Minister for Health and Community Care) (12.20 am): Mr Speaker, I ask for leave to move amendments Nos 9 and 10, circulated in my name, together.

Leave granted.

MR MOORE: I move:

Page 3, line 32, Heading, omit "without certificate that", substitute "unless".

Page 3, line 34, subclause (1), omit the subclause, substitute the following subclause:

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