Clause 23

in subsection (1), replace “A” with “Subject to subsection (1A), a”; and

after subsection (1), insert —“(1A) Subsection (1) does not apply to a person who knows that he or she has HIV infection if he or she has maintained an undetectable HIV viral load for at least the prescribed period preceding the sexual activity in question.(1B) A person is presumed, unless the contrary is proved, to have maintained an undetectable HIV viral load for at least the prescribed period preceding the sexual activity in question if he or she —

has taken a test within a prescribed period before the sexual activity and obtained a test result issued by a recognised laboratory showing that the person has an undetectable HIV viral load;

has taken an earlier test no later than a prescribed amount of time before the test mentioned in paragraph (a) and obtained a test result issued by a recognised laboratory showing that the person has an undetectable HIV viral load;

at no time, during the period between the test mentioned in paragraph (b) and the sexual activity in question, has taken a test and obtained a test result issued by a recognised laboratory showing that the person has a detectable HIV viral load; and

has adhered to his or her medical treatment for HIV infection as prescribed by his or her medical practitioner, during the period starting on the date he or she takes the test mentioned in paragraph (b) up to and including the date of the sexual activity in question.(1C) For the purposes of subsection (1A) —

a person has a detectable HIV viral load if the amount of HIV detected in a test carried out for the purpose of ascertaining his or her HIV viral load is at or above the level prescribed by regulations; and

a person has an undetectable HIV viral load if the amount of HIV detected in a test carried out for the purpose of ascertaining his or her HIV viral load is below the level prescribed by regulations.”.