NTIn ForceAct
Criminal Code Act 1983
208ATermination of pregnancy performed by unqualified person
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208A Termination of pregnancy performed by unqualified person
(i) administers a drug to a woman or causes a drug to be
taken by a woman; or
(ii) uses an instrument or other thing on a woman; and
(b) the person intends by that conduct to cause the termination of
the woman's pregnancy; and
(c) the person is not a qualified person.
(a) the person intentionally procures for, or supplies to, a woman
a drug, instrument or other thing; and
(b) the drug, instrument or other thing is intended to be used for
the purpose of causing the termination of the woman's
pregnancy and the person has knowledge of that
(c) the person is not a qualified person.
(3) Strict liability applies to subsections (1)(c) and (2)(c).
(4) This section does not apply to a woman who consents to, or assists
in, the performance of a termination on herself.
(5) For this section, each of the following, when acting in accordance
with the Termination of Pregnancy Law Reform Act 2017, is a
qualified person:
(a) a medical practitioner;
(b) an authorised ATSI health practitioner;
(c) an authorised midwife;
(d) an authorised nurse;
Criminal Code Act 1983 174
(e) an authorised pharmacist.
ATSI health practitioner means a person registered under the
Health Practitioner Regulation National Law to practise in the
Aboriginal and Torres Strait Islander health practice profession
(other than as a student).
authorised, see section 4 of the Termination of Pregnancy Law
Reform Act 2017.
midwife means a person registered under the Health Practitioner
Regulation National Law to practise in the midwifery profession
(other than as a student).
nurse means a person registered under the Health Practitioner
Regulation National Law to practise in the nursing profession (other
than as a student).
pharmacist means a person registered under the Health
Practitioner Regulation National Law to practise in the pharmacy
profession (other than as a student).
woman, see section 4 of the Termination of Pregnancy Law
Reform Act 2017.