18. Section 23 of the principal Act is repealed and the following section substituted therefor:
—(1) A person who knows that he has AIDS or HIV Infection shall not engage in any sexual activity with another person unless, before the sexual activity takes place —
he has informed that other person of the risk of contracting AIDS or HIV Infection from him; and
that other person has voluntarily agreed to accept that risk.
(2) A person who does not know that he has AIDS or HIV Infection, but who has reason to believe that he has, or has been exposed to a significant risk of contracting, AIDS or HIV Infection shall not engage in any sexual activity with another person unless —
before the sexual activity takes place he informs that other person of the risk of contracting AIDS or HIV Infection from him and that other person voluntarily agrees to accept that risk;
he has undergone the necessary serological or other test and has ascertained that he does not have AIDS or HIV Infection at the time of the sexual activity; or
during the sexual activity, he takes reasonable precautions to ensure that he does not expose that other person to the risk of contracting AIDS or HIV Infection.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.
(4) For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of engaging in sexual activity.
(5) For the purposes of this section, a person shall be deemed to know that he has AIDS or HIV Infection if a serological test or other test for the purpose of ascertaining the presence of HIV Infection carried out on him has given a positive result and the result has been communicated to him.
(6) No prosecution shall be instituted for an offence under subsection (2) except with the written consent of the Attorney-General, but a person charged with such an offence may be arrested and be remanded in custody or released on bail notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence has not been obtained, except that the case shall not be further prosecuted until that consent of the Attorney-General has been obtained.
(7) In this section, “sexual activity” means —
sexual activity occasioned by the introduction into the vagina, anus or mouth of any person of any part of the penis of another person; or