Contraception, Sterilisation, and Abortion Act 1977

  • This version was reprinted on 26 February 2016 to make corrections to section 2 under section 25(1)(j)(ii) of the Legislation Act 2012.
44 Female procuring her own miscarriage


Every female commits an offence and is liable on conviction to a fine not exceeding $200 who, with intent to procure miscarriage, whether she is pregnant or not,—


unlawfully administers to herself, or permits to be administered to her, any poison or any drug or any noxious thing; or


unlawfully uses on herself, or permits to be used on her, any instrument; or


unlawfully uses on herself, or permits to be used on her, any other means whatsoever.


For the purposes of subsection (1) the term miscarriage means—


the destruction or death of an embryo or fetus after implantation; or


the premature expulsion or removal of an embryo or fetus after implantation, otherwise than for the purpose of inducing the birth of a fetus believed to be viable or removing a fetus that has died.


For the purpose of determining whether any act referred to in subsection (1) is or is not done unlawfully the provisions of section 187A of the Crimes Act 1961, so far as they are applicable and with the necessary modifications, shall apply.


The provisions of subsection (1) shall apply whether or not the poison, drug, thing, instrument, or means administered or used was in fact capable of procuring miscarriage.

Section 44(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).