QLDIn ForceAct
Public Health Act 2005
sec.143Person must not recklessly spread controlled notifiable condition
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### sec.143 Person must not recklessly spread controlled notifiable condition
A person must not recklessly put someone else at risk of contracting a controlled notifiable condition.
Maximum penalty—200 penalty units or 18 months imprisonment.
A person must not recklessly transmit a controlled notifiable condition to someone else.
Maximum penalty—400 penalty units or 2 years imprisonment.
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—
knew the person had the condition; and
voluntarily accepted the risk of contracting the condition.
A person does not commit an offence against subsection (2) if, when the condition was transmitted to the other person, the other person—
knew the person had the condition; and
voluntarily accepted the risk of contracting the condition.
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.
The Criminal Code , section 317 provides for the crime of intentionally transmitting a serious disease to a person.
(sec.143-ssec.1) A person must not recklessly put someone else at risk of contracting a controlled notifiable condition. Maximum penalty—200 penalty units or 18 months imprisonment.
(sec.143-ssec.2) A person must not recklessly transmit a controlled notifiable condition to someone else. Maximum penalty—400 penalty units or 2 years imprisonment.
(sec.143-ssec.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— knew the person had the condition; and voluntarily accepted the risk of contracting the condition.
(sec.143-ssec.4) A person does not commit an offence against subsection (2) if, when the condition was transmitted to the other person, the other person— knew the person had the condition; and voluntarily accepted the risk of contracting the condition.
(sec.143-ssec.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. The Criminal Code , section 317 provides for the crime of intentionally transmitting a serious disease to a person.
- (a) knew the person had the condition; and
- (b) voluntarily accepted the risk of contracting the condition.
- (a) knew the person had the condition; and
- (b) voluntarily accepted the risk of contracting the condition.