One possibility would be for an amended section 43, or a new provision if section 43 were repealed, to actually codify, as one of the members said earlier, the limits and the narrowing that the Supreme Court undertook in 2004 as a rewritten provision, so that anyone who picked up the code would be aware of the limits as they exist right now.
Is that the question? That could absolutely be done as an amendment to section 43 or perhaps as a new defence.