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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 2987 ..

MR MOORE (continuing):

"(1) A person shall not perform an abortion on a woman unless -

(a) information has been provided to her in accordance with section 7; and

(b) a statement to that effect has been duly completed in accordance with section 8.

Penalty: 50 penalty units.".

These amendments provide for a new clause 6 redrafted to match my more moderate arrangements regarding required information and simplified documentation. This is the first of a set of interrelated and consistent amendments which would amend clauses 6, 7, 8 and 9 of the Bill to give moderation to the procedures and bring balance to the language used. A total of 14 amendments are involved in this set, but the key ones are 10, 11, 14, 15 and 26. The plan on page 6 of the explanatory memorandum will assist members to see the scheme of these amendments.

In considering these amendments to clause 6, members should refer in particular to my proposed section 7 in amendment 11 and my proposed section 8 in amendment 14 for their cross-references with the amendments we are now considering. I urge members to examine the clauses in the paste-up version which I have circulated. The paste-up version makes it very easy to read. I think you will find that we have drafted a simpler, more useable, less problematic set of words. I urge members to support all the amendments in this set.

My amendments 15 and 16 also relate to under-18s. If members are supporting Mr Osborne on those provisions, then some secondary amendments will be needed. My judgement - I hope I have it right - is that this Assembly will not support Mr Osborne's notion of the under-18s. If that is the case, it will not be a procedural problem for us.

Amendments agreed to.

MR MOORE (Minister for Health and Community Care) (12.22 am): I move:

Page 4, line 1, subclause (2), omit "in the case of a medical emergency", substitute "where the person honestly believes that there is a case of medical emergency involving the woman".

This is amendment No. 10A circulated in my name. This amendment addresses one of the issues raised in the second letter of the Director of Public Prosecutions. He had two concerns that we had not addressed. This is one of them.

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