Australian Capital Territory Numbered Acts

NURSE PRACTITIONERS LEGISLATION AMENDMENT ACT 2004 (NO. 10 OF 2004) - SECT 23

substitute

26     Medical tests and examinations

    (1)     A person commits an offence if—

        (a)     the person is an operator or owner of a brothel or escort agency; and

        (b)     the person fails to take reasonable steps to ensure that 1 or more of the following is not used to induce someone else to believe that the prostitute is not infected with a sexually transmitted disease:

              (i)     the fact that a prostitute had a medical test;

              (ii)     the fact that a prostitute had a medical examination by a doctor or authorised nurse practitioner;

              (iii)     the result of a prostitute's medical test;

              (iv)     the result of a prostitute's medical examination by a doctor or authorised nurse practitioner.

Maximum penalty: 20 penalty units.

    (2)     A prostitute commits an offence if—

        (a)     the prostitute tells someone else—

              (i)     that the prostitute had a medical test; or

              (ii)     that the prostitute had a medical examination by a doctor or authorised nurse practitioner; or

              (iii)     the result of the prostitute's medical test; or

              (iv)     the result of the prostitute's medical examination by a doctor or authorised nurse practitioner; and

        (b)     the prostitute—

              (i)     intends the person to believe that the prostitute is not infected with a sexually transmitted disease; or

              (ii)     is reckless about whether the person believes that the prostitute is not infected with a sexually transmitted disease.

Maximum penalty: 20 penalty units.

    (3)     An offence against subsection (1) is a strict liability offence.

    (4)     This section does not apply to an operator or owner of a brothel or escort agency if the operator or owner uses a prostitute's medical test, a prostitute's medical examination by a doctor or authorised nurse practitioner, or the result of a prostitute's medical test or medical examination by a doctor or authorised nurse practitioner, to satisfy himself or herself that the prostitute is not infected with a sexually transmitted disease.

    (5)     In this section:

"medical test" means the taking of a sample of tissue, blood, urine or other bodily material for medical testing.