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PUBLIC HEALTH ACT 2005 - SECT 143
Person must not recklessly spread controlled notifiable condition
143 Person must not recklessly spread controlled notifiable condition
(1) A person must not recklessly put someone else at risk of contracting a
controlled notifiable condition. Penalty— Maximum penalty—200 penalty
units or 18 months imprisonment.
(2) A person must not recklessly transmit
a controlled notifiable condition to someone else. Penalty— Maximum
penalty—400 penalty units or 2 years imprisonment.
(3) A person does not
commit an offence against subsection (1) if, when the other person was put at
risk of contracting the condition, the other person— (a) knew the person had
the condition; and
(b) voluntarily accepted the risk of contracting the
condition.
(4) A person does not commit an offence against subsection (2) if,
when the condition was transmitted to the other person, the other person—
(a) knew the person had the condition; and
(b) voluntarily accepted the risk
of contracting the condition.
(5) A person does not commit an offence against
subsection (1) or (2) by merely refusing, or failing, to be vaccinated against
a condition for which there is a recognised and reasonably available vaccine.
Note— The Criminal Code , section 317 provides for the crime of
intentionally transmitting a serious disease to a person.
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