I think this is what the Americans call saying the quiet part out loud. Here we have, in black and white, an acknowledgment that the type of assault—bearing in mind that, as acknowledged by the SOP writer herself, we're talking about a particular form of assault being allowed and another form of assault not being allowed. It seems to me extraordinary that the rights of the entity variously referred to as the unborn child—as it is currently in the Crimes Act—or a fetus, if one prefers, can be dependent on the intent of the violence that's perpetrated.