Western Australian Current Acts

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PUBLIC HEALTH ACT 2016 - SECT 202P

202P .         Offence to engage in prohibited behaviour within safe access zone

        (1)         A person must not engage in prohibited behaviour within a safe access zone.

        Penalty for this subsection: imprisonment for 1 year and a fine of $12 000.

        (2)         For the purposes of subsection (1), a person engages in prohibited behaviour if the person —

            (a)         besets, harasses, intimidates, interferes with, threatens, hinders, obstructs or impedes a person accessing, attempting to access or leaving premises at which abortions are provided; or

            (b)         subject to subsection (3), communicates by any means in relation to abortion in a manner that is —

                  (i)         able to be seen or heard by a person accessing, attempting to access or leaving premises at which abortions are provided; and

                  (ii)         reasonably likely to cause distress or anxiety;

                or

            (c)         without reasonable excuse, interferes with or impedes a footpath, road or vehicle in relation to abortion; or

            (d)         without reasonable excuse, makes a recording by any means of another person accessing, attempting to access or leaving premises at which abortions are provided, without the other person’s consent; or

            (e)         engages in any other behaviour prescribed by the regulations for the purposes of this paragraph.

        (3)         Subsection (2)(b) does not apply if the person communicating in relation to abortion is an employee or other person who provides services at the premises.

        [Section 202P inserted: No. 9 of 2021 s. 4.]



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