Supplementary Order Paper No 485

No 485

House of Representatives

Supplementary Order Paper

Wednesday, 18 March 2020

Abortion Legislation Bill

Proposed amendment

Marama Davidson, in Committee, to move the following amendment:

Clause 7

In clause 7, after new section 14 (page 6, after line 14), insert:

15 Certain behaviour prohibited in safe areas

(1)

A person must not engage in any prohibited behaviour in a safe area.

(2)

A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000.

(3)

In this section,—

prohibited behaviour means—

(a)

intimidating, interfering with, or obstructing a protected person—

(i)

with the intention of frustrating the purpose for which the protected person is in the safe area; or

(ii)

in a manner that an ordinary reasonable person would know would cause emotional distress to a protected person:

(b)

communicating with, or visually recording, a person in a manner that an ordinary reasonable person would know would cause emotional distress to a protected person

protected person means a person who is in a safe area for the purpose of—

(a)

accessing abortion services; or

(b)

providing, or assisting with providing, abortion services; or

(c)

seeking advice or information about abortion services; or

(d)

providing, or assisting with providing, advice or information about abortion services.

16 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.

17 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 15 prescribing as a safe area—

(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 any part 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 necessary to protect the safety and well-being, and respect the privacy and dignity, of 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) prescribing a particular safe area, and then at subsequent intervals of not more than 5 years, the Director-General, in consultation with the Secretary for Justice, must—

(a)

review the regulations (if they are still in force) to determine whether that prescribed safe area is still—

(i)

necessary for the purpose 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.

Explanatory note

This Supplementary Order Paper amends clause 7 of the Abortion Legislation Bill to reinstate new sections 15 to 17 containing the provisions around safe areas.