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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Zoe's Law) Bill 2013
(No 2)
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
b2013-027-33.d08
This public bill which originated in the Legislative Assembly, has passed and is now ready
for presentation to the Legislative Council for its concurrence.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2013
New South Wales
Crimes Amendment (Zoe's Law) Bill 2013
(No 2)
Act No , 2013
A Bill for
An Act to amend the Crimes Act 1900 in relation to the destruction of or harm to the foetus of a
pregnant woman.
EXAMINED
Assistant Speaker
Crimes Amendment (Zoe's Law) Bill 2013 (No 2) [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Zoe's Law) Act 2013. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Crimes Amendment (Zoe's Law) Bill 2013 (No 2) [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 Amendment of Crimes Act 1900 No 40 1
[1] Section 4 Definitions 2
Omit paragraph (a) of the definition of Grievous bodily harm in section 4 (1). Insert instead: 3
(a) for the purposes of section 8A--any destruction of the foetus of a 4
pregnant woman that is taken to be grievous bodily harm by the 5
operation of section 8A (2) or (3), and 6
[2] Section 8A 7
Insert after section 8: 8
8A Offences in relation to the destruction of or harm to the foetus of a pregnant 9
woman 10
(1) In this section: 11
applicable offence means an offence against section 33 (1), 33A (1), 35, 46, 12
51A, 52A (3) or (4), 52B (3) or (4), 54, 95 or 110. 13
unborn child means the foetus of a pregnant woman that: 14
(a) is of at least 20 weeks' gestation, or 15
(b) if it cannot be reliably established whether the period of gestation is 16
more or less than 20 weeks, has a body mass of at least 400 grams. 17
(2) For the purposes of an applicable offence: 18
(a) an unborn child is taken to be a living person despite any rule of law to 19
the contrary, and 20
(b) grievous bodily harm to an unborn child is taken to include the 21
destruction of the unborn child. 22
(3) For the purposes of an applicable offence, the destruction of the foetus of a 23
pregnant woman (not being an unborn child) is taken to be grievous bodily 24
harm to the woman, whether or not the woman suffers any other harm. 25
(4) This section does not apply to or in relation to: 26
(a) anything done in the course of a medical procedure or medical 27
treatment, or 28
(b) anything done by, or with the consent of, the pregnant woman 29
concerned. 30
(5) For the avoidance of doubt, nothing in this section creates a criminal offence 31
in respect of an unborn child in circumstances which, prior to the 32
commencement of the Crimes Amendment (Zoe's Law) Act 2013, did not 33
constitute a criminal offence in respect of the mother of that unborn child. 34
(6) Nothing in this section is intended to create any difference between: 35
(a) the nature or total of any imprisonment or other penalties which a court 36
in all the circumstances chooses to impose for: 37
(i) an applicable offence in respect of an unborn child, and 38
(ii) any applicable offence arising out of the same or related 39
circumstances in respect of the mother of the unborn child, and 40
Page 3
Crimes Amendment (Zoe's Law) Bill 2013 (No 2) [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
(b) the nature or total of any imprisonment or other penalties which a court 1
in all the circumstances would, prior to the commencement of the 2
Crimes Amendment (Zoe's Law) Act 2013, have chosen to impose for 3
the applicable offence in respect of the mother of the unborn child. 4
Page 4
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