9 (b) a contravention of section three or four; or (c) a contravention of subsection (1) of section eight by the commission of an act referred to in paragraph (a) or (c) of that subsection; or (d) a contravention of section fifteen; or (e) an attempt to commit an offence specified in paragraph (a), (b), (c) or (d); “sexual offender” means a person who has been convicted of a sexual offence. (2) Without derogation from any other law, where a person is charged with committing a sexual offence, the court may direct that an appropriate sample or samples be taken from the sexual offender, at such place and subject to such conditions as the court may direct, for the purpose of ascertaining whether or not he is infected with HIV. (3) The sample or samples taken from a sexual offender in terms of subsection (2) shall be stored at an appropriate place until the finalisation of the trial. (4) The court shall, where the sexual offender is convicted, order that the sample or samples be tested for HIV and, where he is acquitted, order that the sample or samples be destroyed. (5) Where a court has given a direction under subsection (2), any medical practitioner or designated person shall, if so requested in writing by a police officer above the rank of constable, take an appropriate sample or samples from the sexual offender concerned, and may use such force as is reasonably necessary in order to take the sample or samples: Provided that the medical practitioner or designated person may decline to take an appropriate sample in terms of this subsection if he considers that such taking would be prejudicial to the health or proper care or treatment of the sexual offender. (6) An appropriate sample or samples taken in terms of subsection (5)— (a) shall consist of blood, urine or other tissue or substance as may be determined by the medical practitioner or designated person concerned, in such quantity as is reasonably necessary for the purpose of determining whether or not the sexual offender is infected with HIV; and (b) in the case of a blood or tissue sample, shall be taken from a part of the sexual offender’s body selected by the medical practitioner or designated person concerned in accordance with accepted medical practice. (7) Without prejudice to any other defence or limitation that may be available in terms of any law, no claim shall lie and no set-off shall operate against— (a) the State; or (b) any Minister; or (c) any medical practitioner or designated person; in respect of any detention, injury or loss caused by or in connection with the taking of an appropriate sample in terms of subsection (5), unless the taking was unreasonable or done in bad faith or the person who took the sample was culpably ignorant or negligent. (8) Any person who, without reasonable excuse, hinders or obstructs the taking of an appropriate sample in terms of subsection (5) shall be guilty of an offence and liable to a fine