Unlawful Abortion in Australia: Laws and Punishments

Unlawful Abortion
Australia

Introduction
 The legality of abortion in Australia involves three
categories of criminal laws.
 ‘Unlawful abortion’ exists in the first category.
 The unlawful abortion is considered as a crime in all the
states of Australia except in Western Australia.

Current legislation in Australia
 ‘Unlawful’ administration of any poisonous or harmful
thing or to use any instrument or other means, with an
intention to procure miscarriage at any stage of
pregnancy is considered as a crime (Parliament of
Australia, 1998).
 Supplying and procuring of anything with an intention
to be utilized unlawfully for the purpose of procuring a
miscarriage, is also considered as a crime.

Contd..
 Crime of unlawful abortion to be punishable by prolonged
periods of imprisonment.
 In Victoria, the punishment is imprisonment of 5 years for
the woman & abortionist and imprisonment of 1 year to the
person supplying or procuring.
 In New South Wales and the Australian Capital Territory,
there is provision of imprisonment of 10 years for the
woman as well as the abortionist & 5 years of imprisonment
to the person supplying or procuring (THE TABBOT
FOUNDATION, 2018).