Northern Territory Numbered Acts Northern Territory Numbered ActsDivision 8
repeal, insert
(1) A person commits an offence if:
(a) the person intentionally:
(i) administers a drug to a woman or causes a drug to be taken by a woman; or
(ii) uses an instrument or other thing on a woman; and
(b) the person intends by that conduct to cause the termination of the woman's pregnancy; and
(c) the person is not a qualified person.
Maximum penalty: Imprisonment for 7 years.
(2) A person commits an offence if:
(a) the person intentionally procures for, or supplies to, a woman a drug, instrument or other thing; and
(b) the drug, instrument or other thing is intended to be used for the purpose of causing the termination of the woman's pregnancy and the person has knowledge of that circumstance; and
(c) the person is not a qualified person.
Maximum penalty: Imprisonment for 7 years.
(3) Strict liability applies to subsections (1)(c) and (2)(c).
(4) This section does not apply to a woman who consents to, or assists in, the performance of a termination on herself.
(5) For this section, each of the following, when acting in accordance with the Termination of Pregnancy Law Reform Act , is a qualified person :
(a) a suitably qualified medical practitioner;
(b) an authorised ATSI health practitioner;
(c) an authorised midwife;
(d) an authorised nurse;
(e) an authorised pharmacist.
(6) In this section:
"ATSI health practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession (other than as a student).
"authorised", see section 4 of the Termination of Pregnancy Law Reform Act .
"midwife" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a midwife (other than as a student).
"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student).
"pharmacist "means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student).
suitably qualified medical practitioner , see section 4 of the Termination of Pregnancy Law Reform Act .
"woman", see section 4 of the Termination of Pregnancy Law Reform Act .