New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 13

13 Sexual intercourse-sexually transmissible medical condition

(1) A person who knows that he or she suffers from a sexually transmissible medical condition is guilty of an offence if he or she has sexual intercourse with another person unless, before the intercourse takes place, the other person:

(a) has been informed of the risk of contracting a sexually transmissible medical condition from the person with whom intercourse is proposed, and

(b) has voluntarily agreed to accept the risk.

Maximum penalty: 50 penalty units.

(2) An owner or occupier of a building or place who knowingly permits another person to:

(a) have sexual intercourse at the building or place for the purpose of prostitution, and

(b) in doing so, commit an offence under subsection (1),

is guilty of an offence.

Maximum penalty: 50 penalty units.

(3) For the purposes of this section, a person is not to be presumed incapable of having sexual intercourse if the only ground for the presumption is the age of the person.

(4) In this section, "sexual intercourse" means:

(a) sexual connection by the introduction into the vagina, anus or mouth of a person of any part of the penis of another person, or

(b) cunnilingus.