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Protection of Conscience Project

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Australia

State of Tasmania

Criminal Code Act 1924 (No. 69 of 1924)

Medical termination of pregnancy

164.  (1) Notwithstanding anything contained in section 134, 135 or 165, but subject to this section, a person is not guilty of a crime in relation to the termination of a pregnancy which is legally justified . . .

(7) Subject to subsection (8), no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment, including any counselling authorised by this section, to which the person has a conscientious objection.

(8) Nothing in subsection (7) affects any duty to participate in treatment which is necessary to save the life of a pregnant woman or to prevent her immediate serious physical injury.

Note:  Superseded by Reproductive Health (Access to Terminations) Act (No. 72 of 2013)