What is the Queensland law on abortion?

What is the Queensland law on abortion?

The Queensland law is contained in Sections 224 and 282 of the Criminal Code, a statutory codification of the Common Law which had adopted the Hippocratic medical ethics of 25 centuries ago. The law prohibits abortion unless a mother's life is in immediate danger from the continuation of the pregnancy. This law has been obfuscated by Judges in this and a number of other countries over the last 60 years, and therefore has become unenforceable. However, the High Court of Australia has now been offered the opportunity to sweep aside a maze of minor court decisions and to authoritatively interpret the law and it is to be hoped that they will not let this opportunity pass. No Court of Appeal in Australia has yet considered when an abortion is lawful - in recent times they have repeatedly avoided doing so. One of Australia's leading lawyers,the late John Trail Q.C., described the situation with regard to abortion thus: "Without review, the law remains misruled, misstated, uncertain and unsatisfactory" (in The Petition of Harrigan, Privy Council, 1983.)

QUEENSLAND CRIMINAL CODE


Attempts to procure abortion Section 224

Any person who, with intent to procure the miscarriage of a woman whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a crime, and is liable to imprisonment with hard labour for fourteen years.


The Like by Woman with Child Section 225

Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered to her, is guilty of a crime, and is liable to imprisonment with hard labour for seven years.


Supplying Drugs Section 226

Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child is guilty of a misdemeanour, is liable to imprisonment with hard labour for three years.


Surgical Operations Section 282

A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation on any person for his benefit,or upon an unborn child for the preservation of the mother's life, if the performance of the operation is reasonable, having regard to the patient's state at the time and to all the circumstances of the case.