AustLII Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 51

Surgical operations

(1)  It is lawful for a person to perform in good faith and with reasonable care and skill a surgical operation upon another person, with his consent and for his benefit, if the performance of such operation is reasonable, having regard to all the circumstances.
(1A)  Subject to section 149 , and despite subsection (1) , a termination can be lawfully performed on a woman by a medical practitioner if it is performed in good faith, with reasonable care and skill and with the woman's consent.
(1B)  For the purposes of subsection (1A) , woman means a female person of any age.
(2)  In the case of a child too young to exercise a reasonable discretion in such a matter, such consent as aforesaid may be given by his parent or by any person having the care of such child.
(3)  If a person is in such a condition as to be incapable of giving consent under subsection (1) or (1A) , the operation may be performed without such consent if the operation is –
(a) performed in good faith and with reasonable care and skill; and
(b) for the person's benefit; and
(c) reasonable, having regard to all the circumstances.



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