Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 319A

319A Termination of pregnancy performed by unqualified person

(1) An unqualified person who performs a termination on a woman commits a crime.

Penalty—

Maximum penalty—7 years imprisonment.

(2) An unqualified person who assists in the performance of a termination on a woman commits a crime.

Penalty—

Maximum penalty—7 years imprisonment.

Example—

The Termination of Pregnancy Act 2018 , section 10 provides that a woman who consents to, assists in, or performs a termination on herself does not commit an offence.

(3) In this section—

"assisting" , in the performance of a termination on a woman—

(a) includes—

(i) dispensing a termination drug for use in the termination; and

(ii) supplying a termination drug for use in the termination; and

(iii) procuring the supply of a termination drug from an unqualified person for use in the termination; and

(iv) administering a termination drug; but

(b) does not include providing care to the woman before or after the termination is performed.

"perform" includes attempt to perform.

"prescribed health profession" means any of the following health professions under the Health Practitioner Regulation National Law —

(a) Aboriginal and Torres Strait Islander health practice;

(b) medical;

(c) midwifery;

(d) nursing;

(e) pharmacy;

(f) another health profession prescribed under the Termination of Pregnancy Act 2018 , schedule 1 , definition prescribed health profession , paragraph (f) .

"prescribed practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in a prescribed health profession, other than as a student.

"prescribed student" means a person—

(a) whose name is entered in a student register, for a prescribed health profession, as being currently registered under the Health Practitioner Regulation National Law ; and

(b) who assists in the performance of a termination on a woman only—

(i) under the supervision of—

(A) a medical practitioner performing the termination; or

(B) a prescribed practitioner lawfully assisting in the performance of the termination; or

(C) the student’s primary clinical supervisor; and

(ii) to the extent necessary to complete the student’s program of study for, or clinical training in, the student’s health profession.

"primary clinical supervisor" , of a prescribed student, means a prescribed practitioner who has primary responsibility for supervising the clinical work performed by the student for the student’s program of study for, or clinical training in, the student’s health profession.

"student register" , for a health profession, see the Health Practitioner Regulation National Law .

"termination" means an intentional termination of a pregnancy in any way, including, for example, by—

(a) administering a drug; or

(b) using an instrument or other thing.

"termination drug" means a drug of a kind used to cause a termination.

"unqualified person" means—

(a) in relation to performing a termination on a woman—a person who is not a medical practitioner; or

(b) in relation to assisting in the performance of a termination on a woman—a person who is not—

(i) a medical practitioner; or

(ii) a prescribed practitioner providing the assistance in the practice of the practitioner’s prescribed health profession; or

(iii) a prescribed student.

"woman" means a female person of any age.