Infectious Diseases (Amendment) Act 1992 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 10]

Tuesday, March 31

[1992

The following Act was passed by Parliament on 27th February 1992 and assented to by the President on 18th March 1992:—

Infectious Diseases (Amendment) Act 1992

(No. 5 of 1992)

I assent.

WEE KIM WEE

President.

18th March 1992.

Date of Commencement: 1st April 1992

An Act to amend the Infectious Diseases Act (Chapter 137 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Infectious Diseases (Amendment) Act 1992 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Infectious Diseases Act (referred to in this Act as the principal Act) is amended by inserting, immediately before the definition of “baggage”, the following definition:

“ “AIDS” means Acquired Immune Deficiency Syndrome;”.

Amendment of section 7

3. Section 7 of the principal Act is amended —

(a)	by inserting, immediately after the word “disease” at the end of subsection (1), the words “or any other disease which the Minister, by notification in the Gazette, declares to be a disease to which this section applies”; and
(b)	by deleting the words “an infectious” in the first line of subsection (2) and substituting the word “any”.

New Part IIIA

4. The principal Act is amended by inserting, immediately after Part III, the following Part:

“PART IIIA

CONTROL OF AIDS

Person with AIDS to undergo counselling, etc

20A.—(1) The Director may require any person who has been diagnosed as having AIDS or as having been infected with the Human Immunodeficiency Virus —

(a)	to undergo counselling by a registered medical practitioner; and
(b)	to comply with such precautions and safety measures as may be specified by the Director.

(2) Any person who fails or refuses to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

Sexual intercourse by person with AIDS

20B.—(1) A person who knows that he has AIDS or that he has been infected with the Human Immunodeficiency Virus shall not have sexual intercourse with another person unless, before the sexual intercourse takes place, the other person —

(a)	has been informed of the risk of contracting AIDS from him or of being infected with the Human Immunodeficiency Virus; and
(b)	has voluntarily agreed to accept that risk.

(2) For the purposes of this section, a person shall not, only by reason of age, be presumed incapable of having sexual intercourse.

(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(4) In this section,

“sexual intercourse” means —

(a)	sexual connection occasioned by the introduction into the vagina, anus or mouth of any person of any part of the penis of another person; or
(b)	cunnilingus.

(5) For the purposes of this section and section 20C, a person shall be deemed to know that he has AIDS or has been infected with the Human Immunodeficiency Virus if a serological test or any other prescribed test for the purpose of ascertaining the presence of Human Immunodeficiency Virus carried out on him has given a positive result and the result was communicated to him.

Blood donation and other acts by persons with AIDS

20C.—(1) Any person who knows that he has AIDS or that he has been infected with the Human Immunodeficiency Virus shall not —

(a)	donate blood at any blood bank in Singapore; or
(b)	do any act which is likely to transmit or spread AIDS to another person or cause another person to be infected with the Human Immunodeficiency Virus.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

Protection of identity of person with AIDS or other sexually transmitted disease

20D.—(1) Any person who in the performance or exercise of his functions or duties under this Act is aware or has reasonable grounds for believing that another person has AIDS or is infected with the Human Immunodeficiency Virus or is suffering from a sexually transmitted disease or is a carrier of that disease shall not disclose any information which may identify the other person except —

(a)	with the consent of the other person;
(b)	when it is necessary to do so in connection with the administration or execution of anything under this Act;
(c)	when ordered to do so by a court;
(d)	to any medical practitioner or other health staff who is treating or caring for the other person;
(e)	to blood, organ, semen or breast milk banks that have received or will receive any blood, organ, semen or breast milk from the other person;
(f)	for statistical reports and epidemiological purposes if the information is used in such a way that the identity of the other person is not made known; or
(g)	to the victim of a sexual assault by the other person.

(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.”.

Amendment of section 60

5. Section 60 of the principal Act is amended by deleting “$2,000” and “$5,000” and substituting “$5,000” and “$10,000”, respectively.

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