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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Legislation Amendment (Loss of
Foetus) Bill 2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 6
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209 7
Schedule 4 Amendment of Motor Accident Injuries Act 2017 No 10 8
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2021
New South Wales
Crimes Legislation Amendment (Loss of
Foetus) Bill 2021
Act No , 2021
An Act to amend the Crimes Act 1900 to create new offences in relation to causing the loss of a
foetus of a pregnant woman; and to make consequential amendments to other Acts.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Crimes Legislation Amendment (Loss of Foetus) Bill 2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Crimes Legislation Amendment (Loss of Foetus) Act 2021.
2 Commencement
This Act commences on a day or days appointed by proclamation.
Page 2
Crimes Legislation Amendment (Loss of Foetus) Bill 2021 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 Amendment of Crimes Act 1900 No 40
[1] Sections 54A and 54B
Insert after section 54--
54A Offence of causing loss of a foetus
(1) A person commits an offence against this section (an offence of causing the
loss of a foetus) if--
(a) the person's act or omission constitutes an offence under a GBH
provision (the relevant GBH provision), and
(b) the act or omission consists of, or includes, causing the loss of a foetus
of a pregnant woman.
(2) To avoid doubt, if the act or omission that caused the loss of the foetus of the
pregnant woman caused other injuries to the pregnant woman, the person may,
in addition to the offence of causing the loss of a foetus, be charged and
convicted of another offence under this Act in relation to the pregnant
woman's other injuries.
(3) A person who commits an offence of causing the loss of a foetus is liable for
a maximum penalty that equals the total of the following--
(a) the maximum penalty for the relevant GBH provision,
(b) 3 years' imprisonment.
(4) In sentencing a defendant for an offence of causing the loss of a foetus and
another offence committed against the pregnant woman arising from the same
act or omission, a court--
(a) may take into account any other injuries caused to the pregnant woman
by the defendant's act or omission, but
(b) may not impose a total sentence that is more than the maximum penalty
referred to in subsection (3).
(5) In a proceeding for an offence of causing the loss of a foetus it is not necessary
for the prosecution to prove that the defendant knew, or ought reasonably to
have known, that the woman was pregnant, unless that knowledge is an
element of the relevant GBH provision.
(6) This section does not apply to--
(a) the termination of a pregnancy under the Abortion Law Reform Act
2019, or
(b) an act or omission of a pregnant woman that results in the loss of the
woman's foetus.
(7) In this section--
foetus means a foetus--
(a) of at least 20 weeks' gestation, or
(b) if it is not possible to reliably establish the period of gestation--that has
a body mass of at least 400 grams.
GBH provision means a provision of this Act that creates an offence involving
physical elements of causing grievous bodily harm to a person.
Page 3
Crimes Legislation Amendment (Loss of Foetus) Bill 2021 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
54B Offence of causing loss of a foetus (death of pregnant woman)
(1) A person commits an offence against this section (an offence of causing the
loss of a foetus (death of pregnant woman)) if--
(a) the person's act or omission constitutes an offence under a homicide
provision (the relevant homicide provision), and
(b) the victim of the offence is a pregnant woman, and
(c) the act or omission includes causing the loss of the pregnant woman's
foetus.
(2) A person may be charged with an offence of causing the loss of a foetus (death
of pregnant woman) in relation to an act or omission of the person only if the
person is also charged with an offence under the relevant homicide provision
in relation to the same act or omission.
(3) A person who commits an offence of causing the loss of a foetus (death of
pregnant woman) is liable for a maximum penalty of 3 years' imprisonment.
(4) In a proceeding for an offence of causing the loss of a foetus (death of pregnant
woman) it is not necessary for the prosecution to prove that the defendant
knew, or ought reasonably to have known, that the woman was pregnant.
(5) This section does not apply to--
(a) the termination of a pregnancy under the Abortion Law Reform Act
2019, or
(b) an act or omission of a pregnant woman that results in the loss of the
woman's foetus.
(6) In this section--
foetus means a foetus--
(a) of at least 20 weeks' gestation, or
(b) if it is not possible to reliably establish the period of gestation--that has
a body mass of at least 400 grams.
homicide provision means the following provisions--
(a) section 18,
(b) section 25A(1),
(c) section 25A(2),
(d) section 25C,
(e) section 52A(1),
(f) section 52A(2),
(g) section 52AB(1),
(h) section 52B(1),
(i) section 52B(2),
(j) section 93O.
[2] Schedule 11 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Page 4
Crimes Legislation Amendment (Loss of Foetus) Bill 2021 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Part Crimes Legislation Amendment (Loss of Foetus)
Act 2021
Application of amendments
Sections 54A and 54B, as inserted by the Crimes Legislation Amendment
(Loss of Foetus) Act 2021, apply only to an offence alleged to have been
committed on or after the commencement of the sections.
Page 5
Crimes Legislation Amendment (Loss of Foetus) Bill 2021 [NSW]
Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Schedule 2 Amendment of Crimes (Sentencing Procedure)
Act 1999 No 92
[1] Section 26 Definitions
Omit the definition of family victim. Insert in alphabetical order--
family victim means any of the following persons, whether or not the person
suffered personal harm as a result of the offence--
(a) in relation to an offence as a direct result of which a primary victim has
died--a person who was, at the time the offence was committed, a
member of the primary victim's immediate family,
(b) in relation to an offence committed against a primary victim who was
pregnant at the time the offence was committed and as a result of which
the foetus was lost, regardless of the gestational age of the foetus--a
person who was, at the time the offence was committed, a member of
the primary victim's immediate family, whether or not the primary
victim died.
[2] Section 28 Contents of victim impact statements
Omit section 28(2). Insert instead--
(2) A family victim in relation to an offence may prepare a statement (a victim
impact statement) that contains--
(a) in relation to an offence as a direct result of which a primary victim has
died--particulars of the impact of the primary victim's death on the
family victim and other members of the primary victim's immediate
family, and
(b) in relation to an offence committed against a primary victim who was
pregnant at the time the offence was committed and as a result of which
the foetus was lost, regardless of the gestational age of the foetus--
particulars of the impact of the loss of the foetus on--
(i) the family victim, and
(ii) other members of the primary victim's immediate family.
[3] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provision consequent on enactment of Crimes
Legislation Amendment (Loss of Foetus) Act 2021
Application of amendments
(1) Section 28(2) and the new definition of family victim apply only to
proceedings that are commenced on or after the commencement of the
amendment Act, Schedule 2.
(2) In this clause--
amendment Act means the Crimes Legislation Amendment (Loss of Foetus)
Act 2021.
new definition means the definition inserted in section 26 by the amendment
Act.
Page 6
Crimes Legislation Amendment (Loss of Foetus) Bill 2021 [NSW]
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209
Schedule 3 Amendment of Criminal Procedure Act 1986
No 209
[1] Section 16 Certain defects do not affect indictment
Insert after section 16(1)(d)--
(d1) if the indictment is for an offence under the Crimes Act 1900 relating to
the destruction or loss of a foetus, regardless of the gestational age of
the foetus--for stating the name of the foetus,
[2] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provision consequent on enactment of Crimes
Legislation Amendment (Loss of Foetus) Act 2021
Application of amendments
The amendment made by the Crimes Legislation Amendment (Loss of Foetus)
Act 2021, Schedule 3[1] does not apply to proceedings that commenced before
the commencement of the Schedule.
Page 7
Crimes Legislation Amendment (Loss of Foetus) Bill 2021 [NSW]
Schedule 4 Amendment of Motor Accident Injuries Act 2017 No 10
Schedule 4 Amendment of Motor Accident Injuries Act 2017
No 10
[1] Section 3.4 Statutory benefits for funeral expenses
Insert after section 3.4(3)--
(4) A reference in this section to the death of a person includes a reference to the
loss of a foetus of a pregnant woman, whether or not the pregnant woman died
and regardless of the gestational age of the foetus.
(5) For the purposes of subsection (2) or (3), the usual place of residence of a
foetus of a pregnant woman is taken to be the pregnant woman's usual place
of residence.
[2] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provision consequent on enactment of Crimes
Legislation Amendment (Loss of Foetus) Act 2021
Statutory benefits for funeral expenses
The amendment made to section 3.4 by the Crimes Legislation Amendment
(Loss of Foetus) Act 2021 applies only in relation to a motor accident that
happens on or after the commencement of the amendment.
Page 8
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