Victorian Current Acts

CRIMES ACT 1958 - SECT 65

    (1)     A person who is not a qualified person must not perform an abortion on another person.

Penalty:     Level 5 imprisonment (10 years maximum).

    (2)     A woman who consents to, or assists in, the performance of an abortion on herself is not guilty of an offence against this section.

    (3)     For the purposes of this section—

        (a)     a registered medical practitioner is a qualified person; and

        (b)     a registered pharmacist or registered nurse is a qualified person only for the purpose of performing an abortion by administering or supplying a drug or drugs in accordance with the Abortion Law Reform Act 2008 .

    (4)     In this section—

"abortion" has the same meaning as in the Abortion Law Reform Act 2008 ;

"perform an abortion" includes supply or procure the supply of any drug or other substance knowing that it is intended to be used to cause an abortion;

S. 65(4) def. of registered medical practitioner substituted by No. 13/2010 s. 51(Sch. item 17.2).

"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 65(4) def. of registered nurse substituted by No. 13/2010 s. 51(Sch. item 17.2).

"registered nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse or as a midwife (other than as a student);

S. 65(4) def. of registered pharmacist substituted by No. 13/2010 s. 51(Sch. item 17.2).

"registered pharmacist "means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);

"woman" means a female person of any age.

No. 6103 s. 66.

S. 66 amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 34), 48/1997
s. 60(1)(Sch. 1 item 43), substituted by No. 58/2008 s. 11.