Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022

1: Title
This Act is the Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Contraception, Sterilisation, and Abortion Act 1977 2022-03-19 Contraception, Sterilisation, and Abortion Act 1977
4: Section 2 amended (Interpretation)
1: In section 2 safe area section 17(1) section 13C(1)
2: In section 2 premises
a: the building in which the abortion services are provided; and
b: the land on which that building is sited
5: New sections 13A to 13C inserted
After section 13
13A: Certain behaviour prohibited in safe areas
1: A person must not—
a: obstruct a person in a safe area who is approaching, entering, or leaving any building in which abortion services are provided; or
b: make a visual recording of another person in a safe area in a manner that is likely to cause emotional distress to a person accessing, providing, or assisting with providing, abortion services; or
c: do any of the following in a safe area in a manner that could be easily seen or heard by another person ( A
i: advise or persuade A to refrain from accessing or providing abortion services (unless the advice or persuasion is by a person who is, with the consent of A, accompanying A):
ii: inform A about matters related to the provision of abortion services, other than during the course of providing those services, or assisting with provision of those services (unless the information is provided by a person who is, with the consent of A, accompanying A):
iii: engage in protest about matters relating to the provision of abortion services.
2: A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000.
13B: Power of constable to arrest without warrant
If a constable reasonably believes that a person is engaging in prohibited behaviour in a safe area, the constable may—
a: require the person to stop engaging in the prohibited behaviour; and
b: if the person fails to stop engaging in the prohibited behaviour, arrest the person and take the person into custody without a warrant.
13C: Regulations: safe areas
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Health after consultation with the Minister of Justice, make regulations for the purposes of section 13A
a: any specified premises at which abortion services are provided; and
b: an area around those premises that is an area having a boundary of not more than 150 metres from the perimeter of the premises.
2: The Minister of Health may recommend the making of regulations under subsection (1) if the Minister is satisfied that prescribing a safe area—
a: is desirable to address any risk to the safety and well-being of persons doing any of the following, and to respect the privacy and dignity of those persons:
i: accessing abortion services:
ii: providing, or assisting with providing, abortion services:
iii: seeking advice or information about abortion services:
iv: providing, or assisting with providing, advice or information about abortion services; and
b: can be demonstrably justified in a free and democratic society as a reasonable limitation on people’s rights and freedoms.
3: Not later than 5 years after making any regulations under subsection (1)
a: review the regulations (if they are still in force) to determine whether that prescribed safe area is still—
i: desirable for the purposes specified in subsection (2)﻿(a); and
ii: demonstrably justified as specified in subsection (2)﻿(b); and
b: report to the Minister of Health and the Minister of Justice on whether the regulations should be—
i: continued without amendment; or
ii: continued with amendment; or
iii: revoked.
4: An Order in Council made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.