Euthanasia
Laws Act 1997
No.
17 , 1997
An Act concerning euthanasia
[Assented
to 27 March 1997]
The Parliament of Australia enacts:
1
Short title
This Act may be
cited as the Euthanasia Laws Act 1997.
2 Commencement
This Act
commences on the day on which it receives the Royal Assent.
3
Schedules
The Acts that
are specified in Schedules to this Act are amended as set out in the applicable
items in the Schedule concerned, and any other items in the Schedules to this
Act have effect according to their terms.
Schedule
1—Amendment of the Northern Territory
(Self-Government) Act 1978
1 After section 50
Insert
50A Laws
concerning euthanasia
(1) Subject to this section the power of the
Legislative Assembly conferred by section 6 in relation to the making of laws
does not extend to the making of laws which permit or have the effect of
permitting (whether subject to conditions or not) the form of intentional
killing of another called euthanasia (which includes mercy killing) or the
assisting of a person to terminate his or her life.
(2) The Legislative Assembly does have power
to make laws with respect to:
(a) the withdrawal or withholding of
medical or surgical measures for prolonging the life of a patient but not so as
to permit the intentional killing of the patient; and
(b) medical treatment in the provision
of palliative care to a dying patient, but not so as to permit the intentional
killing of the patient; and
(c) the appointment of an agent by a
patient who is authorised to make decisions about the withdrawal or withholding
of treatment; and
(d) the repealing of legal sanctions
against attempted suicide.
2 Application
For the avoidance of doubt, the
enactment of the Legislative Assembly called the Rights of the Terminally
Ill Act 1995 has no force or effect as a law of the Territory, except as
regards the lawfulness or validity of anything done in accordance therewith
prior to the commencement of this Act.
Schedule 2—Amendment of the Australian Capital Territory (Self-Government) Act 1988
1 After subsection 23(1)
Insert:
(1A) The Assembly has no power to make laws
permitting or having the effect of permitting (whether subject to conditions or
not) the form of intentional killing of another called euthanasia (which
includes mercy killing) or the assisting of a person to terminate his or her
life.
(1B) The Assembly does have power to make laws
with respect to:
(a) the withdrawal or withholding of
medical or surgical measures for prolonging the life of a patient but not so as
to permit the intentional killing of the patient; and
(b) medical treatment in the provision
of palliative care to a dying patient, but not so as to permit the intentional
killing of the patient; and
(c) the appointment of an agent by a
patient who is authorised to make decisions about the withdrawal or withholding
of treatment; and
(d) the repealing of legal sanctions
against attempted suicide.
Schedule 3—Amendment of the Norfolk Island Act 1979
1 After paragraph 19(2)(c)
Add:
(d) which permit or have the
effect of permitting (whether subject to conditions or not) the form of
intentional killing of another called euthanasia (which includes mercy killing)
or the assisting of a person to terminate his or her life.
2 After subsection 19(2)
Insert:
(2A) The Legislative Assembly does have power to
make laws with respect to:
(a) the withdrawal or withholding of
medical or surgical measures for prolonging the life of a patient but not so as
to permit the intentional killing of the patient; and
(b) medical treatment in the provision
of palliative care to a dying patient, but not so as to permit the intentional
killing of the patient; and
(c) the appointment of an agent by a
patient who is authorised to make decisions about the withdrawal or withholding
of treatment; and
(d) the repealing of legal sanctions
against attempted suicide.
[Minister’s second reading speech made in—
House of Representatives on 28 October 1996
Senate on 12 December 1996]
(113/96)
I HEREBY CERTIFY that the above is a fair print of the
Euthanasia Laws Bill 1997 which originated in the House of Representatives as
the Euthanasia Laws Bill 1996 and has been finally passed by the Senate and the
House of Representatives.
Clerk of the House
of Representatives
IN THE NAME OF HER MAJESTY, I assent to this Act.
Governor-General
March 1997