Australian Capital Territory Current Acts Australian Capital Territory Current Acts(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 sex worker is not infected with a sexually transmissible infection:
(i) the fact that a sex worker had a medical test;
(ii) the fact that a sex worker had a medical examination by a doctor or nurse practitioner;
(iii) the result of a sex worker's medical test;
(iv) the result of a sex worker's medical examination by a doctor or nurse practitioner.
Maximum penalty: 20 penalty units.
(2) A sex worker commits an offence if—
(a) the sex worker tells someone else—
(i) that the sex worker had a medical test; or
(ii) that the sex worker had a medical examination by a doctor or nurse practitioner; or
(iii) the result of the sex worker's medical test; or
(iv) the result of the sex worker's medical examination by a doctor or nurse practitioner; and
(b) the sex worker—
(i) intends the person to believe that the sex worker is not infected with a sexually transmissible infection; or
(ii) is reckless about whether the person believes that the sex worker is not infected with a sexually transmissible infection.
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 sex worker's medical test, a sex worker's medical examination by a doctor or nurse practitioner, or the result of a sex worker's medical test or medical examination by a doctor or nurse practitioner, to satisfy himself or herself that the sex worker is not infected with a sexually transmissible infection.
(5) In this section:
"medical test" means the taking of a sample of tissue, blood, urine or other bodily material for medical testing.