New South Wales Consolidated Acts

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PUBLIC HEALTH ACT 2010 - SECT 79

Duties of persons in relation to sexually transmitted infections

79 Duties of persons in relation to sexually transmitted infections

(cf 1991 Act, s 13)

(1) A person who knows that he or she suffers from a sexually transmitted infection 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 transmitted infection 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) It is a defence to any proceedings for an offence under this section if the court is satisfied that the defendant took reasonable precautions to prevent the transmission of the sexually transmitted infection.
(4) For the purposes of this section, a person is not presumed incapable of having sexual intercourse by reason only of the person’s age.
(5) A person (other than a member of the NSW Health Service) must notify the Secretary if the person commences proceedings against a person for an offence under this section.



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