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REPRODUCTIVE HEALTH (ACCESS TO TERMINATIONS) ACT 2013 - SECT 9

Access zones

(1)  In this section –
access zone means an area within a radius of 150 metres from premises at which terminations are provided;
distribute includes –
(a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and
(b) make available for access by someone, whether by a particular person or not; and
(c) enter into an agreement or arrangement to do anything mentioned in paragraph (a) or (b) ; and
(d) attempt to distribute;
prohibited behaviour means –
(a) in relation to a person, besetting, harassing, intimidating, interfering with, threatening, hindering, obstructing or impeding that person; or
(b) a protest in relation to terminations that is able to be seen or heard by a person accessing, or attempting to access, premises at which terminations are provided; or
(c) footpath interference in relation to terminations; or
(d) intentionally recording, by any means, a person accessing or attempting to access premises at which terminations are provided without that person's consent; or
(e) any other prescribed behaviour.
(2)  A person must not engage in prohibited behaviour within an access zone.

Penalty:  Fine not exceeding 75 penalty units or imprisonment for a term not exceeding 12 months, or both.

(3)  A person is not guilty of engaging in prohibited behaviour within an access zone by intentionally recording, by any means, a person accessing or attempting to access premises at which terminations are provided without that person's consent if, at the time of making the recording –
(a) the first-mentioned person is a law enforcement officer acting in the course of his or her duties as such an officer; and
(b) his or her conduct is reasonable in the circumstances for the performance of those duties.
(4)  A person must not publish or distribute a recording of another person accessing or attempting to access premises at which terminations are provided without that other person's consent.

Penalty:  Fine not exceeding 75 penalty units or imprisonment for a term not exceeding 12 months, or both.

(5)  If a police officer reasonably believes a person is committing or has committed an offence –
(a) under subsection (2) that involves recording, by any means, a person accessing or attempting to access premises at which terminations are provided, without that person's consent; or
(b) under subsection (4)  –
the police officer may –
(c) detain and search that person; and
(d) seize and retain the recording and any equipment used to produce, publish or distribute the recording found in the possession of that person.
(6)  If a person is convicted or found guilty of an offence under subsection (2) or (4) , any item seized under subsection (5) is forfeited to the Crown and is to be destroyed or disposed of in a manner approved by the Minister administering the Police Service Act 2003 .
(7)  If a police officer reasonably believes a person is committing or has committed an offence under subsection (2) or (4) , the police officer may require that person to state his or her name and the address of his or her place of abode.
(8)  A person must not fail or refuse to comply with a requirement under subsection (7) or, in response to such a requirement, state a name or address that is false.

Penalty:  Fine not exceeding 2 penalty units.

(9)  A police officer making a requirement under subsection (7) may arrest, without warrant, a person who fails or refuses to comply with that requirement or who, in response to the requirement, gives a name or address that the police officer reasonably believes is false.



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