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Legislative Assembly for the ACT: 2002 Week 9 Hansard (21 August) . . Page.. 2608 ..

MR STEFANIAK (continuing):

a registered medical practitioner cannot carry out that procedure. There is a maximum penalty for that offence of imprisonment for five years.

I accept that we have gone down the track of the ACT being a social experiment, but I would argue, in relation to my first amendment, for some consistency. The old act did have a 10-year imprisonment provision as a maximum penalty for certain activity. That, to my understanding, still applies in New South Wales and, I believe, in other jurisdictions. For something as serious as someone who is not a registered medical practitioner carrying out an abortion, I think all members-regardless of whether they are pro-life or pro-choice, and whether they voted for Mr Berry's bill or not-would want to ensure that the procedure is safe.

Indeed, those opposite who were supporting Mr Berry's bill, and I think Mr Berry himself, were keen to see the procedure carried out safely. We certainly need to ensure that it is. I think 10 years would be a much more appropriate maximum penalty. It is consistent, as far as it can be now, with legislation in other states. It certainly indicates very strongly that only a registered practitioner can carry out such a procedure, and I think it is a more appropriate penalty.

Regarding my second amendment, which is to section 55C of Ms Gallagher's bill, that is, a person must not carry out an abortion except in a medical facility, or part of a medical facility, approved under the section. The penalty there is 50 penalty units or imprisonment for six months, or both. I was not concerned about the 50 penalty units-I think that is probably reasonable-but I was a little bit concerned that six months seemed a bit incompatible.

I checked the Crimes Act, Mr Deputy Speaker, especially section 347. It is a section which deals with what the fine should be when there is a term of imprisonment and no fine mentioned. Section 347 (2) states:

A fine imposed pursuant to subsection (1) in respect of an offence shall not exceed-

(a) where the offence is punishable by imprisonment for a period exceeding 12 months but not exceeding 2 years-

(1) if the offender is a natural person-$5 000.

That is 50 penalty units. Quite clearly the normal range in the Crimes Act for a $5,000 penalty, if you work it the other way, is at least 12 months and not more than two years. Many acts to my knowledge have maximum fines of around $3,000 to $5,000, or 30 to 50 penalty units, with a maximum penalty of two years. This is the maximum penalty for such things as common assault.

Common assault is the offence that would occur if I slapped Mr Hargreaves across the face or pushed him. That would incur a maximum penalty of two years. If I became particularly nasty, and punched him in the nose until it bled, that would incur a maximum penalty of five years. These are not heinous offences, but that just indicates what the maximum penalties would be.

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