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AUSTRALIAN CAPITAL TERRITORY.  Medical Practitioners (Maternal Health) Amendment Act 2002 (Act 2002 No 26), 9 September 2002.

  1. Name of Act

This Act is the Medical Practitioners (Maternal Health) Amendment Act 2002.

  1. Commencement

(1) This Act commences on the day after the Health Regulation (Maternal Health Information) Repeal Act 2002 commences.

(2) If this Act has not commenced within 6 months beginning on the notification day, it expires at the end of that period.

  1. Act amended

This Act amends the Medical Practitioners Act 1930.

  1. New part 4B

Part 4B Abortions

55A Meaning of abortion for pt 4B

In this part:

abortion means causing a woman’s miscarriage by:

(a) administering a drug; or

(b) using an instrument; or

(c) any other means.

 

55B Only medical practitioner may carry out abortion

A person who is not a registered medical practitioner must not carry out an abortion.

Maximum penalty: imprisonment for 5 years.

 

55C Abortion to be carried out in approved medical facility

A person must not carry out an abortion except in a medical facility, or part of a medical facility, approved under section 55D (1).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

 

55D Approval of facilities

(1) If a medical facility is suitable on medical grounds for carrying out abortions, the Minister may, in writing, approve the medical facility or an appropriate part of the medical facility.

(2) An approval is a notifiable instrument.

Note: A notifiable instrument must be notified under the Legislation Act 2001.

(3) The Minister must not unreasonably refuse or delay a request for approval of a medical facility under subsection (1).

 

55E No obligation to carry out abortion

(1) No-one is under a duty (by contract or by statutory or other legal requirement) to carry out or assist in carrying out an abortion.

(2) A person is entitled to refuse to assist in carrying out an abortion.

 

Crimes (Abolition of Offence of Abortion) Act 2002 (Act 2002 No 24), 9 September 2002.

  1. Name of Act

This Act is the Crimes (Abolition of Offence of Abortion) Act 2002.

  1. Commencement

This Act commences on its notification day.

  1. Crimes Act 1900, sections 44 to 46

substitute:

  1. Abortion—abolition of common law offence

(1) Any rule of common law that creates an offence in relation to procuring a woman’s miscarriage is abrogated.

(2) This section expires 3 months after it commences.

(3) This section is a law to which the Legislation Act 2001, section 88 applies.

 

NEW SOUTH WALES.  Crimes Act 1900, as amended through 2003.

 

  1. 82. Administering drugs etc to herself by woman with child

Whosoever, being a woman with child, unlawfully administers to herself any drug or noxious thing, or unlawfully uses any instrument or other means, with intent in any such case to procure her miscarriage, shall be liable to imprisonment for ten years.

  1. 83. Administering drugs etc to woman with intent

Whosoever unlawfully administers to, or causes to be taken by, any woman, whether with child or not, any drug or noxious thing, or unlawfully uses any instrument or other means, with intent in any such case to procure her miscarriage, shall be liable to imprisonment for ten years.

  1. Procuring drugs etc

    Whosoever unlawfully supplies or procures any drug or noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used with intent to procure the miscarriage of any woman, whether with child or not, shall be liable to imprisonment for five years.

 

NOTE:  Under New South Wales case law, the above provisions have been interpreted to allow the performance of a legal abortion if a physician doctor has an honest and reasonable belief that the operation is necessary to preserve the woman involved from serious danger to her life or physical or mental health which the continuance of the pregnancy would entail.  In considering danger to mental health, the physician may take into account the effects of economic or social stress that may be pertaining to the time.

 

NORTHERN TERRITORY.  Criminal Code Act, as amended through 2003.

  1. Killing unborn child

Any person who, when a woman or girl is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a crime and is liable to imprisonment for life.

  1. Concealing the birth of child

Any person who, when a woman or girl is delivered of a child, endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at or after its birth, is guilty of a crime and is liable to imprisonment for 2 years.

  1. Procuring abortion

Subject to section 174, any person who, with the intention of procuring the miscarriage of a woman or girl, whether or not the woman or girl is pregnant, administers to her, or causes to be taken by her, a poison or other noxious thing, or uses an instrument or other means is guilty of a crime and is liable to imprisonment for 7 years.

  1. Supplying drugs, &c., to cause abortion

Subject to section 174, any person who unlawfully supplies or obtains a poison or other noxious thing, or instrument or other thing, knowing that it is intended to be used or employed with the intention of procuring the miscarriage of a woman or girl, whether or not the woman or girl is pregnant, is guilty of a crime and is liable to imprisonment for 7 years.

  1. Medical termination of pregnancy

(1) It is lawful –

(a) for a medical practitioner who is a gynaecologist or obstetrician to give medical treatment with the intention of procuring the miscarriage of a woman or girl who, he has reasonable cause to believe after medically examining her, has been pregnant for not more than 14 weeks if the medical treatment is given in hospital and the medical practitioner and another medical practitioner are of the opinion, formed in good faith after medical examination of the woman or girl by them, that –

(i) the continuance of the pregnancy would involve greater risk to her life or greater risk of injury to her physical or mental health than if the pregnancy were terminated; or

(ii) there is a substantial risk that, if the pregnancy were not terminated and the child were to be born, the child would have or suffer from such physical or mental abnormalities as to be seriously handicapped;

(b) for a medical practitioner to give medical treatment with the intention of procuring the miscarriage of a woman or girl who, he has reasonable cause to believe after medically examining her, has been pregnant for not more than 23 weeks if the medical practitioner is of the opinion, formed in good faith after his medical examination of her, that termination of the pregnancy is immediately necessary to prevent grave injury to her physical or mental health; or

(c) for a medical practitioner to give medical treatment with the intention of procuring the miscarriage of a woman or girl if the treatment is given in good faith for the purpose only of preserving her life.

 

(2) No person is under a duty, whether by contract or otherwise, to procure or to assist in procuring the miscarriage of a woman or girl or to dispose of or to assist in disposing of an aborted foetus if he has a conscientious objection thereto, but, in any legal proceedings, the burden of proving such a conscientious objection shall rest upon the person claiming to have it.

(3) Nothing in this section relieves a medical practitioner from his liability, in carrying out medical treatment or performing an operation with the intention of procuring the miscarriage of a woman or girl, to carry out or perform it –

(a) if the consent of a person is required by law to the carrying out of the medical treatment or the performance of the operation – with that consent;

(b) with professional care; and

(c) otherwise according to law.

(4) A medical practitioner shall be deemed to have met his liability under subsection (3)(a) in carrying out the medical treatment or performing the operation if he carries it out or performs it –

(a) except where the woman or girl is incapable in law (otherwise than by being an infant) of giving the consent – with the consent of the woman or girl; and

(b) if the girl is under the age of 16 years or is otherwise incapable in law of giving the consent – with the consent of each person having authority in law, apart from this subsection, to give the consent.

 

QUEENSLAND.  Criminal Code 1899, as amended through 2003.

  1. Attempts to procure abortion

Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a crime, and is liable to imprisonment for 14 years.

  1. The like by women with child

Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a crime, and is liable to imprisonment for 7 years.

  1. Supplying drugs or instruments to procure abortion

Any person who unlawfully supplies to or procures for any person anything whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a misdemeanour, and is liable to imprisonment for 3 years.

  1. Surgical operations

A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for the patient’s benefit, or upon an unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all circumstances of the case.

  1. When a child becomes a human being

A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.

  1. Death by acts done at childbirth

When a child dies in consequence of an act done or omitted to be done by any person before or during its birth, the person who did or omitted to do such act is deemed to have killed the child.

  1. Killing unborn child

(1) Any person who, when a female is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, the person would be deemed to have unlawfully killed the child, is guilty of a crime, and is liable to imprisonment for life.

(2) Any person who unlawfully assaults a female pregnant with a child and destroys the life of, or does grievous bodily harm to, or transmits a serious disease to, the child before its birth, commits a crime.

Maximum penalty — imprisonment for life.

NOTE:  Under Queensland case law the above provisions have been interpreted to allow the performance of a legal abortion if a medical practitioner has an honest belief on reasonable grounds that the abortion is necessary to preserve the woman from a serious danger to her life or physical or mental health not being merely the normal dangers of pregnancy and childbirth which the continuance of pregnancy would entail and, in the circumstances, it is not out of proportion to the danger to be averted.

 

SOUTH AUSTRALIA. Criminal Law Consolidation Act 1935, as amended through 2003.

Division 17—Abortion Attempts to procure abortion

  1. (1) Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable to be imprisoned for life.

 

(2) Any person who, with intent to procure the miscarriage of any woman, whether she is or is not with child, unlawfully administers to her, or causes to be taken by her, any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable to be imprisoned for life.

Procuring drugs etc to cause abortion

  1. Any person who unlawfully supplies or procures any poison or other noxious thing, or any instrument or thing whatsoever, knowing that it is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she is or is not with child, shall be guilty of an offence and liable to be imprisoned for a term not exceeding three years.

Medical termination of pregnancy

82A. (1) Notwithstanding anything contained in section 81 or 82, but subject to this section, a person shall not be guilty of an offence under either of those sections—

(a) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he and one other legally qualified medical practitioner are of the opinion, formed in good faith after both have personally examined the woman—

(i) that the continuance of the pregnancy would involve greater risk to the life of the pregnant woman, or greater risk of injury to the physical or mental health of the pregnant woman, than if the pregnancy were terminated; or

(ii) that there is a substantial risk that, if the pregnancy were not terminated and the child were born to the pregnant woman, the child would suffer from such physical or mental abnormalities as to be seriously handicapped, and where the treatment for the termination of the pregnancy is carried out in a hospital, or a hospital of a class, declared by regulation to be a prescribed hospital, or a hospital of a prescribed class, for the purposes of this section; or

(b )if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he is of the opinion, formed in good faith, that the termination is immediately necessary to save the life, or to prevent grave injury to the physical or mental health, of the pregnant woman.

 

(2) Subsection (1)(a) does not refer or apply to any woman who has not resided in South Australia for a period of at least two months before the termination of her pregnancy.

 

(3) In determining whether the continuance of a pregnancy would involve such risk of injury to the physical or mental health of a pregnant woman as is mentioned in subsection (1)(a)(i), account may be taken of the pregnant woman’s actual or reasonably foreseeable environment.

 

(4) The Governor may make regulations —

(a) for requiring any such opinion as is referred to in subsection (1) to be certified by the legally qualified medical practitioners or practitioner concerned in such form and at or within such time as may be prescribed and for requiring the preservation and disposal of any such certificate made for the purposes of this Act; and

(b) for requiring any legally qualified medical practitioner who terminates a pregnancy, and the superintendent or manager of the hospital in which the termination is carried out, to give notice of the termination and such other information relating to the termination as may be prescribed to the Director‑General of Medical Services; and

(c) for prohibiting the disclosure, except to such persons or for such purposes as may be prescribed, of notices or information given pursuant to the regulations; and

(d) declaring a particular hospital or a class of hospitals to be a prescribed hospital or a prescribed class of hospitals for the purposes of this section; and

(e) for providing for, and prescribing, any penalty, not exceeding two hundred dollars, for any contravention of, or failure to comply with, any regulations.

 

(5) Subject to subsection (6), no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this section to which he has a conscientious objection, but in any legal proceedings the burden of proof of conscientious objection rests on the person claiming to rely on it.

 

(6) Nothing in subsection (5) affects any duty to participate in treatment which is necessary to save the life, or to prevent grave injury to the physical or mental health, of a pregnant woman.

 

(7) The provisions of subsection (1) do not apply to, or in relation to, a person who, with intent to destroy the life of a child capable of being born alive, by any wilful act causes such a child to die before it has an existence independent of its mother where it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.

 

(8) For the purposes of subsection (7), evidence that a woman had at any material time been pregnant for a period of twenty‑eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive.

 

(9) For the purposes of sections 81 and 82, anything done with intent to procure the miscarriage of a woman is unlawfully done unless authorised by this section.

 

(10) In this section and in sections 81 and 82 — “woman” means any female person of any age.

 

TASMANIA.  Criminal Code Act 1924 (No. 69 of 1924), as amended through 2003.

Abortion

  1. (1)Any woman who, being pregnant, unlawfully administers to herself, with intent to procure her own miscarriage, any poison or other noxious thing or with such intent unlawfully uses any instrument or other means whatsoever, is guilty of a crime.

(2) Any person who, with intent to procure the miscarriage of a woman, unlawfully administers to her, or causes her to take, any poison or other noxious thing, or with such intent unlawfully uses any instrument or other means whatsoever, is guilty of a crime.

Charge: Administering poison [or using means] to procure abortion.

 

Aiding in intended abortion

  1. Any person who unlawfully supplies to or procures for any other person anything whatever, knowing that it is intended to be unlawfully used with intent to procure the miscarriage of a woman, is guilty of a crime.

Charge:

Aiding in intended abortion.

 

Medical termination of pregnancy

  1. (1)Notwithstanding anything contained in section 134, 135 or 165, but subject to this section, a person is not guilty of a crime in relation to the termination of a pregnancy which is legally justified.

(2) The termination of a pregnancy is legally justified if –

(a) two registered medical practitioners have certified, in writing, that the continuation of the pregnancy would involve greater risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated; and

(b) the woman has given informed consent unless it is impracticable for her to do so.

 

(3) In assessing the risk referred to in subsection (2), the registered medical practitioners may take account of any matter which they consider to be relevant.

(4) If it is impracticable for the woman to give informed consent, the two registered medical practitioners referred to in subsection (2)(a) are to make a declaration in writing detailing the reasons why it was impracticable for the woman to give informed consent.

(5) At least one of the registered medical practitioners referred to in subsection (2)(a) is to specialise in obstetrics or gynaecology.

(6) A legally justified termination can only be performed by a registered medical practitioner.

(7) Subject to subsection (8), no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment, including any counselling authorised by this section, to which the person has a conscientious objection.

(8) Nothing in subsection (7) affects any duty to participate in treatment which is necessary to save the life of a pregnant woman or to prevent her immediate serious physical injury.

(9) In this section – “informed consent” means consent given by a woman where –

(a) a registered medical practitioner has provided her with counselling about the medical risk of termination of pregnancy and of carrying a pregnancy to term; and

(b) a registered medical practitioner has referred her to counselling about other matters relating to termination of pregnancy and carrying a pregnancy to term;

“woman” means any female person of any age.

Causing death of child before birth

  1. (1)Any person who causes the death of a child which has not become a human being in such a manner that he would have been guilty of murder if such child had been born alive is guilty of a crime.

Charge: Causing the death of a child before birth.

(2) No one commits a crime who by any means employed in good faith for the preservation of its mother’s life causes the death of any such child before or during its birth.

 

VICTORIA.  Crimes Act 1958, amended through 2003.

  1. Offence of child destruction

(1)  Any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act unlawfully causes such child to die before it has an existence independent of its mother shall be guilty of the indictable offence of child destruction, and shall be liable on conviction thereof to level 4 imprisonment (15 years maximum).

(2)  For the purposes of this section evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive.

(3)  Where upon the trial of any person for the murder or manslaughter of any child or for infanticide or for any offence under section sixty-five of this Act the jury are satisfied that the person charged is not guilty of murder manslaughter or infanticide or of any offence under the said section sixty-five (as the case may be) but are satisfied that he is guilty of the indictable offence of child destruction, the jury may find him guilty of that indictable offence and he shall be liable to punishment accordingly.

(4)  Where upon the trial of any person for the indictable offence of child destruction the jury are satisfied that the person charged is not guilty of that indictable offence but are satisfied that he is guilty of an offence under section sixty-five of this Act the jury may find him guilty of that offence and he shall be liable to punishment accordingly.

  1. Abortion

Whosoever being a woman with child with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing or unlawfully uses any instrument or other means, and whosoever with intent to procure the miscarriage of any woman whether she is or is not with child unlawfully administers to her or causes to be taken by her any poison or other noxious thing, or unlawfully uses any instrument or other means with the like intent, shall be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum).

  1. Supplying or procuring anything to be employed in abortion

Whosoever unlawfully supplies or procures any poison or other noxious thing or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether with child or not, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).

NOTE:  Under Victorian case law, the above provisions have been interpreted to allow the performance of a legal abortion if a medical practitioner has an honest belief on reasonable grounds that the abortion is necessary to preserve the woman from a serious danger to her life or physical or mental health not being merely the normal dangers of pregnancy and childbirth which the continuance of pregnancy would entail and, in the circumstances, it is not out of proportion to the danger to be averted.

 

WESTERN AUSTRALIA.  Criminal Code, as amended through 2003.

  1. Abortion

(1) It is unlawful to perform an abortion unless:

(a) the abortion is performed by a medical practitioner in good faith and with reasonable care and skill; and

(b) the performance of the abortion is justified under section 334 of the Health Act 1911.

 

(2) A person who unlawfully performs an abortion is guilty of an offence.

Penalty: $50 000.

 

(3) Subject to section 259, if a person who is not a medical practitioner performs an abortion that person is guilty of a crime and is liable to imprisonment for 5 years.

 

(4) In this section: “medical practitioner” has the same meaning as it has in the Health Act 1911.

 

(5) A reference in this section to performing an abortion includes a reference to:

(a) attempting to perform an abortion; and

(b) doing any act with intent to procure an abortion, whether or not the woman concerned is pregnant.

 

  1. Surgical and medical treatment

A person is not criminally responsible for administering, in good faith and with reasonable care and skill, surgical or medical treatment

(a) to another person for that other person’s benefit; or

(b) to an unborn child for the preservation of the mother’s life,

if the administration of the treatment is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.

Health Act, 1911, as amended through 2003.

 

  1. Performance of abortions

(1) A reference in this section to performing an abortion includes a reference to—

(a) attempting to perform an abortion; and

(b) doing any act with intent to procure an abortion, whether or not the woman concerned is pregnant.

 

(2) No person, hospital, health institution, other institution or service is under a duty, whether by contract or by statutory or other legal requirement, to participate in the performance of any abortion.

 

(3) Subject to subsections (4) and (7), the performance of an abortion is justified for the purposes of section 199(1) of The Criminal Code if, and only if –

(a) the woman concerned has given informed consent; or

(b) the woman concerned will suffer serious personal, family or social consequences if the abortion is not performed; or

(c) serious danger to the physical or mental health of the woman concerned will result if the abortion is not performed; or

(d) the pregnancy of the woman concerned is causing serious danger to her physical or mental health.

 

(4) Subsection (3)(b), (c) or (d) do not apply unless the woman has given informed consent or in the case of paragraphs (c) or (d) it is impracticable for her to do so.

 

(5) In this section: “informed consent” means consent freely given by the woman where—

(a) a medical practitioner has properly, appropriately and adequately provided her with counselling about the medical risk of termination of pregnancy and of carrying a pregnancy to term;

(b) a medical practitioner has offered her the opportunity of referral to appropriate and adequate counselling about matters relating to termination of pregnancy and carrying a pregnancy to term; and

(c) a medical practitioner has informed her that appropriate and adequate counselling will be available to her should she wish it upon termination of pregnancy or after carrying the pregnancy to term.

 

(6) A reference in subsection (5) to a medical practitioner does not include a reference to:

(a) the medical practitioner who performs the abortion; nor

(b) any medical practitioner who assists in the performance of the abortion.

 

(7) If at least 20 weeks of the woman’s pregnancy have been completed when the abortion is performed, the performance of the abortion is not justified unless–

(a) 2 medical practitioners who are members of a panel of at least 6 medical practitioners appointed by the Minister for the purposes of this section have agreed that the mother, or the unborn child, has a severe medical condition that, in the clinical judgment of those 2 medical practitioners, justifies the procedure; and

(b) the abortion is performed in a facility approved by the Minister for the purposes of this section.

 

(8) For the purposes of this section—

(a) subject to subsection (11), a woman who is a dependant minor shall not be regarded as having given informed consent unless a custodial parent of the woman has been informed that the performance of an abortion is being considered and has been given the opportunity to participate in a counselling process and in consultations between the woman and her medical practitioner as to whether the abortion is to be performed;

(b) a woman is a dependant minor if she has not reached the age of 16 years and is being supported by a custodial parent or parents; and

(c) a reference to a parent includes a reference to a legal guardian.

(9) A woman who is a dependant minor may apply to the Children’s Court for an order that a person specified in the application, being a custodial parent of the woman, should not be given the information and opportunity referred to in subsection (8) (a) and the court may, on being satisfied that the application should be granted, make an order in those terms.

(10) An order made under subsection (9) has effect according to its terms and is not liable to be challenged, appealed against, reviewed, quashed or called in question in or by any court.

(11) If the effect of an order under subsection (9) is that no custodial parent of the woman can be given the information and opportunity referred to in subsection (8) (a), subsection (8) does not apply in relation to the woman.

  1. Reports to be furnished

(1) It shall be the duty of every midwife to furnish to the Executive Director, Public Health and to the medical officer of health of the district in which she practises a report in writing in the manner and at the time and in the form prescribed of every case attended by her, whether of living, premature or full-time birth, or stillbirth, or abortion.

(2) A report furnished under subsection (1) shall state the name and address of the mother, and shall be furnished to the Executive Director, Public Health and to the medical officer of health within 48 hours of the event.

(3) A midwife who contravenes subsection (1) as read with subsection (2) commits an offence.

(4) The occupier of any house at which a female not usually resident in any such house, is attended, whether for gain or not, during childbirth or abortion or miscarriage, shall forthwith notify to the medical officer of health that such female is being so attended.

(5) (a) When a medical practitioner attends on the happening of any premature birth, stillbirth or abortion (other than an abortion to which paragraph (d), he shall send to the Executive Director, Public Health within 48 hours of the happening a report in the prescribed form.

(b) A medical practitioner, or where a medical practitioner is not in attendance, a midwife, who attends a woman at the delivery of a foetus at any time after the 20th week of pregnancy shall notify the Executive Director, Public Health of the attendance in the prescribed form.

(c) A medical practitioner who, for the purposes of section 44 of the Births, Deaths and Marriages Registration Act 1998, certifies the cause of a neonatal death shall notify the Executive Director, Public Health of the fact in the prescribed form within 48 hours of the certification.

(d) When a medical practitioner performs an abortion, the medical practitioner shall notify the Executive Director, Public Health of the fact in the prescribed form within 14 days of the abortion being performed.

(e) A notification under paragraph (d) must not contain any particulars from which it may be possible to ascertain the identity of the patient.

(6) (a) The Governor may from time to time proclaim that the provisions of this subsection shall apply in respect of any district or part of a district and may from time to time proclaim that those provisions shall cease to apply in respect of, or having ceased to apply shall again apply in respect of any district or part of a district.

(b) The provisions of this subsection shall apply in respect of a district and part of a district so long as those provisions remain the subject of a proclamation to that effect under the provisions of the last preceding paragraph.

(c) The Executive Director, Public Health shall appoint medical practitioners upon such terms and conditions as he considers fit to conduct a post mortem examination upon the body of every stillborn child where the still birth happens in any district or part of a district to which the provisions of this subsection apply.

(d) The Executive Director, Public Health shall notify in the prescribed manner all medical practitioners and midwives of the name and address of every medical practitioner appointed under the provisions of the last preceding paragraph and acting under the appointment.

(e) When a stillbirth happens in any district or part of a district to which the provisions of this subsection apply, the medical practitioner attending or, if there is no medical practitioner attending, the midwife attending, shall, so soon as reasonably possible after the happening, report it in the manner and form prescribed, to a medical practitioner appointed under paragraph (c) and acting under the appointment, who shall, unless otherwise authorized or directed by the Executive Director, Public Health, thereupon conduct a post mortem examination on the body of the stillborn child.

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