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In force2023 Revised Edition
Contents

Part · Control of Aids and Hiv Infection

24. Sexual intercourse by persons with AIDS or HIV Infection

(1)

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 —

(a)

has been informed of the risk of contracting AIDS or HIV

Infection from him; and

(b)

has voluntarily agreed to accept that risk.

(2)

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.

(3)

For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of having sexual intercourse.

(4)

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

(5)

In this section, “sexual intercourse” means —

(a)

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

(b)

cunnilingus.

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