The Bill proposes that a person who has been a victim of a sexual offence involving body fluids of the perpetrator may apply to a magistrate court to have the perpetrator tested for HIV. Also an interested person may apply for such an order on behalf of the victim. However such an application has to be brought with the consent of the victim unless the victim is under the age of 14 or mentally ill or unconscious or a person under curatorship or a person that is deemed to be incapable of giving consent. An application for such an order has to be made as soon as it is reasonably practicable and it has to be made in a prescribed format.

The magistrate has to consider the application as a matter of urgency. The magistrate during the application may consider oral and/ written evidence if the magistrate deems it necessary. During such an application the victim and the alleged offender may not attend. Three requirements have to be satisfied before such an application succeeds, mainly;
(a) A sexual offence must have been committed;
(b) The victim may have been exposed to the body fluids by the offender;
(c) No more than 50 days have passed from the date on which the alleged offence was committed.

Also worthy of note is that the order granted by the magistrate will lapse if it is not executed within 60 days. If the court grants the order, the investigating officer has to make available the alleged offender for examination. The sealed test results have to be given to the victim or to the interested person by the investigating officer. The Bill proposes that the department of Health have to designate a place where the tests have to take place.

The result of the HIV test may not be used as evidence against the offender in either criminal or civil proceedings. The cost of the applications and the execution of the orders made are the sole responsibility of the state. Apart from the victim or the interested person, the alleged offender, the investigating officer and the persons who are required who execute the order have to know of the fact that an order has been made against the alleged offender. However only the victim or the interested person and the victim may know the test results. If the application is made merely with the intent to blackmail the alleged offender or the test results are disclosed contrary to the provisions of the future Act, such a person may be fined or be imprisoned to a period not exceeding 6 months.