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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
(As read a third
time)
Euthanasia
Laws Bill 1996
No. ,
1996
A Bill for an Act
concerning euthanasia
9611340—940/10.12.1996—(113/96) Cat. No.
96 5698 7 ISBN 0644 483741
Contents
This Bill originated in the House of Representatives; and,
having this day passed, is now ready for presentation to the Senate for its
concurrence.
L.M. BARLIN
Clerk of the House
of Representatives
House of Representatives
27 June
2001 a.m.
A Bill for an Act concerning
euthanasia
The Parliament of Australia enacts:
This Act may be cited as the Euthanasia Laws Act 1996.
This Act commences on the day on which it receives the Royal
Assent.
The Acts that are specified in Schedules to this Act are amended as set
out in the applicable items in the Schedule concerned, and any other items in
the Schedules to this Act have effect according to their terms.
1 After section 50
Insert
(1) Subject
to this section the power of the Legislative Assembly conferred by section 6 in
relation to the making of laws does not extend to the making of laws which
permit or have the effect of permitting (whether subject to conditions or not)
the form of intentional killing of another called euthanasia (which includes
mercy killing) or the assisting of a person to terminate his or her
life.
(2) The Legislative Assembly does have power to make laws with respect
to:
(a) the withdrawal or withholding of medical or surgical measures for
prolonging the life of a patient but not so as to permit the intentional killing
of the patient; and
(b) medical treatment in the provision of palliative care to a dying
patient, but not so as to permit the intentional killing of the patient;
and
(c) the appointment of an agent by a patient who is authorised to make
decisions about the withdrawal or withholding of treatment; and
(d) the repealing of legal sanctions against attempted suicide.
2 Application
For the avoidance of doubt, the enactment of the Legislative Assembly
called the Rights of the Terminally Ill Act 1995 has no force or effect
as a law of the Territory, except as regards the lawfulness or validity of
anything done in accordance therewith prior to the commencement of this
Act.
1 After subsection 23(1)
Insert:
(1A) The Assembly has no power to make laws permitting or having the
effect of permitting (whether subject to conditions or not) the form of
intentional killing of another called euthanasia (which includes mercy killing)
or the assisting of a person to terminate his or her life.
(1B) The Assembly does have power to make laws with respect to:
(a) the withdrawal or withholding of medical or surgical measures for
prolonging the life of a patient but not so as to permit the intentional killing
of the patient; and
(b) medical treatment in the provision of palliative care to a dying
patient, but not so as to permit the intentional killing of the patient;
and
(c) the appointment of an agent by a patient who is authorised to make
decisions about the withdrawal or withholding of treatment; and
(d) the repealing of legal sanctions against attempted
suicide.
1 After paragraph 19(2)(c)
Add:
(d) which permit or have the effect of permitting (whether subject to
conditions or not) the form of intentional killing of another called euthanasia
(which includes mercy killing) or the assisting of a person to terminate his or
her life.
2 After subsection 19(2)
Insert:
(2A) The Legislative Assembly does have power to make laws with respect
to:
(a) the withdrawal or withholding of medical or surgical measures for
prolonging the life of a patient but not so as to permit the intentional killing
of the patient; and
(b) medical treatment in the provision of palliative care to a dying
patient, but not so as to permit the intentional killing of the patient;
and
(c) the appointment of an agent by a patient who is authorised to make
decisions about the withdrawal or withholding of treatment; and
(d) the repealing of legal sanctions against attempted suicide.