In force2023 Revised EditionCurrent version · 2023 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Infectious Diseases Act · 2023 Revised Edition · Part · Control of Aids and Hiv Infection
Infectious Diseases Act · 2023 Revised Edition · Part · Control of Aids and Hiv Infection
Official textFrom Attorney General's Chambers, unchanged
A person who knows that he has AIDS or HIV Infection shall not have sexual intercourse with another person unless, before the sexual intercourse takes place, the other person —
has been informed of the risk of contracting AIDS or HIV
Infection from him; and
has voluntarily agreed to accept that risk.
Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2 years or both.
For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of having sexual intercourse.
For the purposes of this section and section 25, a person is deemed to know that he has AIDS or HIV Infection if a serological test or any other prescribed test for the purpose of ascertaining the presence of HIV
Infection carried out on him has given a positive result and the result was communicated to him.
Infectious Diseases 24
In this section, “sexual intercourse” means —
sexual connection occasioned by the introduction into the vagina, anus or mouth of any person of any part of the penis of another person; or
cunnilingus.
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