Division 8A—Inspection Powers 104 61A Definitions 104 61B Production of identity card 105 61C Accounts and other documents available for inspection 105 61D Licensees to produce documents and answer questions 106 61DA Persons to answer questions in relation to suspected nonlicensed sex work service providing businesses 107 61E Third parties to produce documents and answer questions relating to specified business 109 61F Department Heads, police and public authorities to produce information to inspectors 110 61G Certain other specified persons or bodies to produce information 111 61H Powers on production of documents 112 61I Order requiring supply of information and answers to questions 113 61J Entry or search with consent 114 61K Entry without consent or warrant 116 61L Search warrants 116 61M Announcement before entry 118 61N Details of warrant to be given to occupier 119 61NA Details of warrant to be given to person in charge of vehicle 119 61O Seizure of things not mentioned in the warrant 120 61P Embargo notice 121 61Q Copies of seized documents 122 61R Retention and return of seized documents or things 122 61S Magistrates' Court may extend 3 month period 123 61T Requirement to assist inspector during entry 123 61U Refusal or failure to comply with requirement 124 61V Rule against self-incrimination does not apply 124 61W Offence to give false or misleading information 124 61WA Powers of court if requirement to produce information not complied with 125 61X Application of provisions relating to inspections 126 61Y Service of documents 126 61Z Confidentiality 126 Division 9—Powers of entry 127 62 Entry to licensed premises by Chief Commissioner of Police 127 63 Entry to unlicensed premises—search warrant 128 64 Entry to unlicensed premises—without search warrant 130 65 Admissibility of evidence obtained under entry authority 133 65A Delegations by the Chief Commissioner 133 Division 10—Miscellaneous 134 66 Sex Work Regulation Fund 134 67 Advisory Committee 135 68 Regulations 138
S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 8(Sch. 6 item 5.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 49.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— s. 3 (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981; S. 3(1) def. of education and care service premises inserted by No. 80/2011 s. 79(Sch. item 7.1). education and care service premises means a place where an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children; S. 3(1) def. of entry authority amended by No. 73/2011 s. 3(b). entry authority means writing issued in accordance with the procedure set out in section 64(2) or 78B(2);
S. 3(1) def. of law enforcement agency amended by Nos 52/2003 s. 52(Sch. 1 item 10), 37/2014 s. 10(Sch. item 155.1(c)). law enforcement agency means— (a) Victoria Police or the police force or police service of any other State or of the Northern Territory; or (b) the Australian Federal Police; or (c) the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; s. 3 S. 3(1) def. of lease inserted by No. 44/1999 s. 4(1). lease includes a sub-lease and an agreement for a lease or sub-lease; S. 3(1) def. of licence amended by No. 1/2010 s. 42(2)(Sch. item 2(e)) (as amended by No. 63/2010 s. 27). licence means a licence granted under Part 3 authorising the holder to carry on business as a sex work service provider; S. 3(1) def. of member repealed by No. 52/1998 s. 194(c). * * * * * office hours means between the hours of 9.00 a.m. and 5.00 p.m. on any day other than— (a) a Saturday or Sunday; or (b) a day appointed under the Public Holidays Act 1993 as a public holiday in the relevant place;
S. 5(1) amended by Nos 48/1997 s. 70(1), 1/2010 s. 42(2)(Sch. item 9) (as amended by No. 63/2010 s. 27). (1) A person must not cause or induce a child to take part in an act of sex work, whether as the sex worker or as the client or in any other capacity, or to continue to take part in such acts. Level 5 imprisonment (10 years maximum). (2) An offence against subsection (1) is an indictable offence. (3) In a proceeding for an offence against subsection (1)— (a) it is not necessary for the prosecution to prove that the accused knew that the person concerned was a child; but (b) it is a defence to the charge for the accused to prove that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the person concerned was aged 18 years or more. 6 Obtaining payment for sexual services provided by a child s. 6 S. 6(1) amended by Nos 48/1997 s. 70(2), 1/2010 s. 42(2)(Sch. item 10) (as amended by No. 63/2010 s. 27). (1) A person must not receive a payment (except in the ordinary course of a business unrelated to sex work) knowing that it or any part of it has been derived, directly or indirectly, from sexual services provided by a child. Level 4 imprisonment (15 years maximum). (2) An offence against subsection (1) is an indictable offence.
S. 10 (Heading) inserted by No. 1/2010 s. 42(2)(Sch. item 16) (as amended by No. 63/2010 s. 27). 10 Living on earnings of sex worker s. 10 S. 10(1) amended by Nos 48/1997 s. 70(6), 1/2010 s. 42(2)(Sch. item 17) (as amended by No. 63/2010 s. 27). (1) A person must not knowingly live wholly or in part on, or derive a material benefit from, the earnings of sex work. Level 6 imprisonment (5 years maximum). (2) An offence against subsection (1) is an indictable offence. S. 10(3) amended by No. 1/2010 s. 42(2)(Sch. item 17) (as amended by No. 63/2010 s. 27). (3) A person is not guilty of an offence against subsection (1) only because of deriving income as a sex work service provider if— (a) there has been granted, and is in force, any licence required under Part 3 to authorise the person who is carrying on the business to carry on that business; and (b) there has been granted, and is in force, any permit required under the Planning and Environment Act 1987 for the use or development of the land for the purposes of the business. S. 10(4) amended by No. 1/2010 s. 42(2)(Sch. item 17) (as amended by No. 63/2010 s. 27). (4) In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that he or she did not hold a relevant position (whether in his or her own right or on behalf of any other person) in the sex work service providing business or exercise a significant influence over or with respect to the management or operation of that business.
(b) a person is the owner or occupier of the premises on which the brothel, escort agency or that other business is carried on— that person must, in the absence of proof to the contrary, be presumed to have caused the advertisement to be published. 18 Advertising regulations s. 18 The Governor in Council may make regulations for or with respect to— S. 18(a) amended by No. 1/2010 s. 42(2)(Sch. item 30) (as amended by No. 63/2010 s. 27). (a) the size, form and content of advertisements for sex work services or any class of sex work services; S. 18(b) amended by No. 1/2010 s. 42(2)(Sch. item 30) (as amended by No. 63/2010 s. 27). (b) prohibiting the advertising— (i) in a specified publication or specified class of publication; or (ii) in a specified manner— of advertisements for sex work services or any class of sex work services; (c) generally prescribing any other matter or thing required or permitted by section 17 to be prescribed or necessary to be prescribed to give effect to section 17. S. 18A inserted by No. 1/2010 s. 44 (as amended by No. 63/2010 s. 29). 18A Sex workers and clients must adopt safer sex practices (1) A person must not provide or receive sex work services unless he or she has taken all reasonable steps to ensure a condom or other appropriate barrier is used if that sex work involves vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmitted diseases.
S. 21E(2) amended by No. 37/2014 s. 10(Sch. item 155.5(b)). (2) A relevant police officer who makes a request under subsection (1) must inform the person of the police officer's intention to give the person a banning notice. S. 21E(3) amended by No. 37/2014 s. 10(Sch. item 155.5(c)). (3) A person must not, in response to a request made by a relevant police officer in accordance with this section— (a) refuse or fail to comply with the request without a reasonable excuse for not doing so; or (b) state a name that is false in a material particular; or (c) state an address other than the full and correct address of his or her ordinary place of residence or business. 5 penalty units. S. 21E(4) amended by No. 37/2014 s. 10(Sch. item 155.5(d)). (4) A person who is requested to state his or her name and address may request the police officer who made the request to state, orally or in writing, the police officer's name, rank and place of duty. S. 21E(5) amended by No. 37/2014 s. 10(Sch. item 155.5(e)(i)). (5) A relevant police officer must not, in response to a request under subsection (4)— (a) refuse or fail to comply with the request; or (b) state a name or rank that is false in a material particular; or S. 21E(5)(c) amended by No. 37/2014 s. 10(Sch. item 155.5(e)(ii)). (c) state as his or her place of duty an address other than the name of the police station which is the police officer's ordinary place of duty; or (d) refuse to comply with the request in writing if requested to do so. 5 penalty units.
S. 23(1)(a) substituted by No. 99/1995 s. 28(1), amended by No. 1/2010 s. 42(2)(Sch. item 39(a)(b)) (as amended by No. 63/2010 s. 27). (a) a person carrying on a business as a sex work service provider— (i) of a kind referred to in the definition of brothel in section 3 at premises in accordance with a permit granted under the Planning and Environment Act 1987; or (ii) of a kind referred to in the definition of escort agency in section 3; or (iii) of a kind referred to in both subparagraphs (i) and (ii)— if only that person works as a sex worker in that business or only that person and one other particular person so work; S. 23(1)(b) substituted by No. 99/1995 s. 28(1), amended by No. 1/2010 s. 42(2)(Sch. item 39(c)) (as amended by No. 63/2010 s. 27). (b) two persons who either jointly or separately carry on such a business if only those persons work as sex workers in that business. (2) An exemption referred to in subsection (1) does not apply if— S. 23(2)(a) amended by No. 99/1995 s. 28(2)(a) (i)–(iii). (a) clients are managed or directed to the premises or otherwise attended to by a person who does not work in the business and who performs this function in the course of another business; or S. 23(2)(b) amended by Nos 99/1995 s. 28(2)(b), 1/2010 s. 42(2)(Sch. item 39(b)) (as amended by No. 63/2010 s. 27). (b) a person who works in the business directs clients to a sex worker who does not work in the business; or
that allegation, complaint or information; S. 26(ac) inserted by No. 73/2011 s. 5(1). (ac) if a referral is made under paragraph (ab), to provide to the Chief Commissioner of Police all information in the possession of the Director that, in the opinion of the Director, is relevant to the referred matter; S. 26(b) amended by No. 37/2014 s. 10(Sch. item 155.13(a)). (b) to liaise with the Authority and Victoria Police so as— (i) to assist the Authority in carrying out its functions under this Act; and S. 26(b)(ii) amended by Nos 1/2010 s. 42(2)(Sch. item 41(b)) (as amended by No. 63/2010 s. 27), 37/2014 s. 10(Sch. item 155.13(a)). (ii) to assist Victoria Police in carrying out its functions in relation to sex work; S. 26(ba) inserted by No. 73/2011 s. 5(2), amended by No. 37/2014 s. 10(Sch. item 155.13(b)). (ba) to coordinate the exercise of the functions of the Director under paragraph (a) and the functions of Victoria Police in relation to sex work; s. 26 S. 26(c) amended by No. 73/2011 s. 13. (c) to refer relevant matters for investigation by the WorkCover Authority, the Australian Taxation Office or the Department of Immigration and Citizenship of the Commonwealth or any other body; S. 26(d) inserted by No. 101/1998 s. 11(1). (d) any other functions conferred on him or her by or under this Act.
(4) A licence— (a) is personal to the licensee; (b) is not transferable to any other person; (c) does not vest by operation of law in any other person. S. 39A inserted by No. 1/2010 s. 49. 39A Licensee identity cards (1) The Authority must issue an identity card to a person who is granted a licence under section 39. (2) An identity card issued under subsection (1) must be in the form approved by the Authority (which may require a photograph of the person) and is valid for the period specified by the Authority. (3) A licensee must carry his or her identity card at all times while at the brothel to which the licence applies. Penalty: 10 penalty units. 40 Amendment of licence s. 39A S. 40(1) substituted by No. 52/1998 s. 203(1). (1) The Authority may at any time vary or revoke a condition or restriction set out in a licence or impose a new condition or restriction. S. 40(1A) inserted by No. 52/1998 s. 203(1). (1A) The conditions and restrictions to which a licence is subject must be set out in the licence. S. 40(2) amended by No. 52/1998 s. 203(2). (2) The Authority may act under subsection (1)— (a) of its own initiative; or (b) on the application of the licensee; or S. 40(2)(c) amended by Nos 101/1998 s. 11(3)(a), 35/2000 s. 49(e), 37/2014 s. 10(Sch. item 155.14). (c) on the application of an authorised police officer or the Director.
S. 40(3) amended by No. 47/1997 s. 15, repealed by No. 52/1998 s. 203(3), new s. 40(3) inserted by No. 1/2010 s. 50 (as amended by No. 63/2010 s. 30). (3) An application by a licensee referred to in subsection (2) must be accompanied by the prescribed fee (if any). S. 40AA inserted by No. 52/1998 s. 204. 40AA Endorsement of licence (1) If under section 40 or 48A, a condition or restriction is imposed on a licence or varied or revoked, the Authority may require the licensee to produce the licence for endorsement of or variation or revocation of the condition or restriction. S. 40AA(2) amended by No. 44/1999 s. 31(3). (2) A licensee must comply with a requirement under subsection (1). Level 10 fine (10 penalty units maximum). S. 40A inserted by No. 47/1997 s. 16. 40A Surrender of licence s. 40AA S. 40A(1) amended by No. 52/1998 s. 205(1). (1) Subject to subsection (2), a licensee may at any time by notice in writing to the Authority surrender the licence. S. 40A(2) amended by No. 52/1998 s. 205(2). (2) If the Tribunal has determined to conduct an inquiry under section 48 in relation to a licensee, the licensee may not, without leave of the Tribunal, surrender the licence unless the Tribunal has determined to take action under section 48A or has determined not to take any such action.
(5) A licensee must establish procedures designed to ensure that the licensee's business is conducted in accordance with the law and in a suitable manner. 60 penalty units. (6) A licensee must monitor the conduct of the licensee's business in a manner that will ensure, as far as is practicable, that those procedures are complied with. 60 penalty units. (7) If a business is run by more than one licensee, each licensee must ensure that at least one licensee is nominated as the licensee in effective control of the business at any one time and notify the Authority in writing of the nomination as soon as is practicable. 60 penalty units. S. 42(8) inserted by No. 1/2010 s. 52. (8) The nomination of a person as the licensee in effective control of the business under subsection (7) does not affect the duties and obligations of any other licensee under this Act. S. 42A inserted by No. 82/2008 s. 6. 42A Absence of licensee s. 42A (1) A licensee does not commit an offence under section 42(1) or 42(2) if the person complies with this section. (2) If a licensee of a business is to be absent from the business— (a) for more than 7 days but less than 30 days, the licensee must notify the Authority in writing of the absence as soon as is practicable and in that notice nominate a licensee or approved manager to be in effective control of the business during the licensee's absence;
51 Circumstances in which Authority must refuse approval or renewal application S. 51(1) amended by Nos 52/1998 s. 217(a), 44/1999 s. 15(1)(a), 1/2010 s. 42(2)(Sch. item 49) (as amended by No. 63/2010 s. 27). s. 51 (1) The Authority must refuse to approve as a manager of a sex work service providing business, or refuse to renew such an approval of, a person whom it is satisfied— (a) is not of good repute, having regard to character, honesty and integrity; or S. 51(1)(b) amended by No. 73/2011 s. 8. (b) has, within the preceding 5 years, been convicted or found guilty of a disqualifying offence that would, if the person were an applicant for a licence, be an offence referred to in section 37(1)(b); or S. 51(1)(c) amended by No. 47/1997 s. 26. (c) has, within the preceding 5 years, had a licence granted to him or her cancelled under Division 4; or S. 51(1)(d) amended by No. 44/1999 s. 15(1)(b). (d) is an associate of a person who has, or of a body corporate which has, within the preceding 5 years, been convicted or found guilty of an offence referred to in paragraph (b); or S. 51(1)(e) amended by No. 52/1998 s. 217(b). (e) is an associate of a body corporate a director or secretary of which has, within the preceding 5 years, been convicted or found guilty of an offence referred to in paragraph (b); or S. 51(1)(f) inserted by No. 52/1998 s. 217(b). (f) is an insolvent under administration; or S. 51(1)(g) inserted by No. 52/1998 s. 217(b). (g) is a represented person within the meaning of the Guardianship and Administration Act 1986.
S. 52(4) amended by Nos 47/1997 s. 27(2), 52/1998 s. 218(1), 44/1999 s. 31(9). (4) If at any time while a certificate of approval is in force the licensee or the approved manager becomes aware of a change that has occurred in the information provided at any time by the licensee or the approved manager in, or in relation to, an application under section 50(1), the licensee or the approved manager must within 10 days after becoming so aware give particulars of the change to the Authority by writing signed by him or her. Penalty applying to this subsection: Level 9 fine (60 penalty units maximum). S. 52(5) inserted by No. 44/1999 s. 16(5). (5) An approved manager must comply with any conditions or restrictions to which an approval or renewal of an approval is subject. Level 9 fine (60 penalty units maximum). S. 52AAA inserted by No. 1/2010 s. 55 (as amended by No. 63/2010 s. 31). 52AAA Approved manager identity cards s. 52AAA (1) The Authority must issue an identity card to a person who is approved as a manager of a brothel under section 52. (2) An identity card issued under subsection (1) must be in the form approved by the Authority (which may require a photograph of the person) and is valid for the duration specified by the Authority. (3) An approved manager must carry his or her identity card at all times while at the brothel for which he or she is approved as manager. Penalty: 10 penalty units. S. 52AA inserted by No. 44/1999 s. 17. 52AA Amendment of approval (1) The Authority may at any time vary or revoke a condition or restriction to which an approval or renewal of an approval under section 52(1) is subject or impose a new condition or restriction on the approval.
S. 54 substituted by No. 47/1997 s. 30. 54 Disciplinary action against approved manager S. 54(1) substituted by No. 52/1998 s. 221(1), amended by Nos 101/1998 s. 11(3)(d), 35/2000 s. 49(e). (1) The Director, the Chief Commissioner of Police or an authorised officer of the responsible authority may apply at any time to the Tribunal to conduct an inquiry to determine whether there are grounds for taking action under section 54A against an approved manager. S. 54(2) repealed by No. 52/1998 s. 221(2). * * * * * S. 54(3) amended by No. 52/1998 s. 221(3)(a). (3) There are grounds for taking action under section 54A if the Tribunal is satisfied that— (a) the approved manager has been convicted or found guilty of any offence against this Act or the regulations; or S. 54(3)(b) amended by No. 46/2008 s. 283(4). (b) the approved manager has been convicted or found guilty of an offence against the regulations made under the Public Health and Wellbeing Act 2008; or S. 54(3)(c) amended by Nos 52/1998 s. 221(3)(b), 1/2010 s. 42(2)(Sch. item 51) (as amended by No. 63/2010 s. 27). (c) the sex work providing business has been managed in such a way that it is desirable that action should be taken against the approved manager; or s. 54 (d) an offence under the Drugs, Poisons and Controlled Substances Act 1981 or an indictable offence punishable by imprisonment for 12 months or more has been committed on premises of which the approved manager is manager; or
(d) impose any condition or restriction on the approval; (e) require the approved manager to enter into an undertaking to perform, or not to perform, certain tasks to be specified in the undertaking; S. 54A(1)(f) repealed by No. 52/1998 s. 222(1)(e). (f) require the approved manager to comply within, or for, a specified time with a requirement specified by the Tribunal; S. 54A(1)(g) substituted by No. 52/1998 s. 222(1)(f). (g) cancel the approval or suspend the approval for a specified period not exceeding one year; (h) order that the approved manager be ineligible to hold an approval or be a licensee either permanently or temporarily. S. 54A(2) amended by No. 52/1998 s. 222(2). (2) Despite anything to the contrary in subsection (1), the only action that the Tribunal may take solely on the ground set out in section 54(3)(e) is to suspend the approval. S. 54A(3) amended by Nos 52/1998 s. 222(2), 44/1999 s. 31(11). (3) If the Tribunal orders the payment of an amount under subsection (1)(c)— s. 54A (a) it may order that the amount be paid by a specified date; and (b) if the amount is not paid by that date, it may suspend the approval until the amount is paid and set a final payment date; and (c) if the amount has not been paid by that final date, it may cancel the approval; and (d) it may extend any period of time it sets under paragraph (a) or (b) at any time. S. 54A(4) amended by No. 52/1998 s. 222(2). (4) The Tribunal may suspend or cancel an approval under subsection (3) without giving the approved manager a chance to be heard.
S. 61F inserted by No. 44/1999 s. 22. 61F Department Heads, police and public authorities to produce information to inspectors S. 61F(1) amended by No. 35/2000 s. 49(e). (1) For the purpose of monitoring compliance with this Act or the regulations, the Director or an inspector may request a specified public body within a time specified by the Director or inspector— S. 61F(1)(a) amended by No. 1/2010 s. 65. (a) to answer orally or in writing any questions put by the inspector relating to a licensee's business as, or any other business an inspector reasonably suspects is operating as, a sex work service provider; (b) to supply orally or in writing information required by the inspector relating to that business. s. 61F S. 61F(2) amended by No. 35/2000 s. 49(e). (2) An inspector can only make a request under subsection (1) with the written consent of the Director. (3) A specified public body must comply with a request under subsection (1). (4) In this section specified public body means— S. 61F(4)(a) amended by No. 108/2004 s. 117(1) (Sch. 3 item 165.1). (a) a Department Head within the meaning of the Public Administration Act 2004; or (b) a public statutory authority; or (c) a municipal council; or (d) the Chief Commissioner of Police.
S. 62(3)(a) amended by No. 37/2014 s. 10(Sch. item 155.17(b)). (a) prevent or attempt to prevent a police officer from entering or inspecting premises under a power conferred by this section; or S. 62(3)(b) amended by No. 37/2014 s. 10(Sch. item 155.17(b)). (b) obstruct a police officer in the exercise of such a power. Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum) or both. S. 62(4) amended by Nos 52/1998 s. 225(a)(b), 35/2000 s. 49(e), 1/2010 s. 68(4). (4) The Chief Commissioner of Police must, within 7 days after exercising a power conferred by this section, report to the Director and the Authority in the form and manner approved by the Director or the Authority (as the case requires) particulars of the exercise of that power. S. 62(5) inserted by No. 99/1995 s. 32(2), amended by No. 37/2014 s. 10(Sch. item 155.17(b)). (5) Nothing in this section authorises a police officer to enter and inspect a part of any premises that is used solely as a residence unless the occupier of the residence has consented in writing to the entry and inspection. 63 Entry to unlicensed premises—search warrant s. 63 S. 63(1) amended by Nos 44/1999 s. 23, 82/2008 s. 11, substituted by No. 25/2009 s. 33(1), amended by No. 37/2014 s. 10(Sch. item 155.18(a)). (1) A police officer of or above the rank of senior sergeant may apply to a magistrate for the issue of a search warrant—
authorise entry to the premises in accordance with the procedure set out in subsection (2). S. 64(2) amended by No. 1/2010 s. 69(2)(a). (2) The Chief Commissioner of Police must— (a) in writing— (i) set out the grounds for the belief— S. 64(2)(a) (i)(A) amended by No. 1/2010 s. 42(2)(Sch. item 58) (as amended by No. 63/2010 s. 27). (A) that an unlicensed person is carrying on business at the premises as a sex work service provider; and (B) that relevant evidence is likely to be lost if entry to the premises is delayed until a search warrant is obtained; and (ii) name or describe the premises; and S. 64(2)(a)(iii) amended by No. 37/2014 s. 10(Sch. item 155.19). (iii) name the police officer or police officers being authorised to enter the premises; and S. 64(2)(b) amended by No. 52/1998 s. 226. (b) without delay transmit a copy of the writing by facsimile machine to the office of the principal registrar of the Magistrates' Court and to the office of the Authority; and S. 64(2)(c) amended by Nos 1/2010 s. 69(2)(b), 37/2014 s. 10(Sch. item 155.19). (c) issue to the police officer or police officers named in the writing a copy of it signed by the Chief Commissioner. (3) No entry to premises is authorised under this section until after the requirements of subsection (2) have been complied with. s. 64
S. 66(4) amended by No. 52/1998 s. 227(4)(a)(b). (4) The Minister may give to the Authority written directions in relation to the purposes for which the Authority may spend money in exercising its functions under this Act and the extent to which the Authority may spend money for any particular purpose. 67 Advisory Committee s. 67 S. 67(1) substituted by No. 52/1998 s. 228(1). (1) There shall be appointed an Advisory Committee consisting of persons appointed by the Governor in Council on the recommendation of the Minister. S. 67(1A) inserted by No. 52/1998 s. 228(1), amended by No. 44/1999 s. 24(1)(a). (1A) The functions of the Advisory Committee are to advise the Minister on— S. 67(1A)(a) amended by Nos 44/1999 s. 24(1)(b), 1/2010 s. 42(2)(Sch. item 61(a)) (as amended by No. 63/2010 s. 27). (a) issues related to the regulation and control of the sex work industry in ; S. 67(1A)(b) amended by No. 44/1999 s. 24(1)(c), 1/2010 s. 42(2)(Sch. item 61(a)) (as amended by No. 63/2010 s. 27). (b) the general operation of the sex work control industry in ;
S. 67(10) substituted by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 165.2), 80/2006 s. 26(Sch. item 87). (10) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member. S. 67(11) inserted by No. 52/1998 s. 228(2), repealed by No. 44/1999 s. 24(3). * * * * * S. 67(12) inserted by No. 52/1998 s. 228(2). (12) The Advisory Committee must, as soon as practicable after the end of each year, prepare a report on its operations during that year and submit it to the Minister. 68 Regulations s. 68 The Governor in Council may make regulations for or with respect to— S. 68(a) repealed by No. 52/1998 s. 229(a). * * * * * (b) matters or things to be included in, or to accompany, applications made under this Part; S. 68(c) amended by No. 52/1998 s. 229(b). (c) particulars of matters required to be given or reported to the Authority; S. 68(d) amended by No. 1/2010 s. 42(2)(Sch. item 62) (as amended by No. 63/2010 s. 27). (d) requirements to be complied with by a sex work service provider to ensure the safety of persons working in the business;
S. 68(e) amended by No. 52/1998 s. 229(b). (e) matters to be considered by the Authority in determining the suitability of an applicant for a licence; (f) prescribing fees; S. 68(fa) inserted by No. 99/1995 s. 33(2). (fa) the refund, in whole or in part, of fees paid under this Act; (g) prescribing forms; S. 68(ga) inserted by No. 82/2008 s. 12. (ga) prescribing offences to be infringement offences within the meaning of the Infringements Act 2006; S. 68(gb) inserted by No. 82/2008 s. 12. (gb) for the purposes of Parts 2 and 3, prescribing penalties not exceeding 10 penalty units for infringement offences prescribed under paragraph (ga); (h) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part. Division 11—Transitional 69 Transitional (licence) s. 69 (1) In this section appointed day means the day on which section 22(1) comes into operation. (2) A person who immediately before the appointed day was— (a) carrying on a business of a kind referred to in the definition of brothel in section 3 in respect of which there was or were then in force such permit or permits as was or were then required under the Planning and Environment Act 1987 to authorise the use
to the Supreme Court expires without an appeal having been instituted; or (ii) if an appeal to the Supreme Court is instituted— (A) it is withdrawn; or S. 70(3)(b) (ii)(B) amended by Nos 47/1997 s. 37(1), 24/2008 s. 86. (B) an Associate Judge refuses the application for an order under Rule 58.09 of the General Rules of Procedure in Civil Proceedings 1996 and the period allowed by rules of court for appealing to a Judge against the refusal expires without an appeal having been brought or, if an appeal is brought, it is withdrawn or the refusal to make the order is affirmed; or s. 70 (C) it is heard and determined by a Judge and the case is remitted to the Board for re-hearing with or without any direction in law and, on the remittal, the Board approves, or again refuses to approve, of that person as a manager; or S. 70(3)(b) (ii)(D) amended by No. 47/1997 s. 37(2). (D) it is dismissed and the period allowed by rules of court for appealing to the Court of Appeal expires without an appeal having been brought or, if an appeal to the Court of Appeal is brought, it is discontinued or abandoned or is finally disposed of; S. 70(3)(c) inserted by No. 44/1999 s. 25(2)(c). (c) if the Authority refuses to approve of that person as a manager on the application at any time on or after the commencement of section 224 of the Tribunals and Licensing
10 penalty units. (2) The Chief Commissioner of Police is to be considered to have no further use for fingerprints when— S. 88A(2)(a) amended by Nos 44/1999 s. 29, 1/2010 s. 42(2)(Sch. item 67) (as amended by No. 63/2010 s. 27). (a) they were obtained in connection with an application for a licence or the approval, or renewal of the approval, of a person as a manager of a sex work service providing business and the application is refused; or (b) the licence or approval in connection with which they were obtained is cancelled or not renewed. S. 88A(3) amended by Nos 52/1998 s. 232, 44/1999 s. 29, 1/2010 s. 42(2)(Sch. item 67) (as amended by No. 63/2010 s. 27), 37/2014 s. 10(Sch. item 155.24). (3) A person who in connection with an application for a licence or the approval, or renewal of the approval, of a person as a manager of a sex work service providing business has possession of fingerprints obtained by the Authority or an authorised police officer under this Act, or of a record, copy or photograph of them, must deliver them to the Chief Commissioner of Police, in accordance with his or her directions, so as to enable the Chief Commissioner to comply with subsection (1). 10 penalty units. 89 Evidentiary provisions s. 89 (1) If— (a) a person's age at a particular time is material in any proceeding for an offence against this Act; and (b) it is asserted on behalf of the prosecution that the person was at that time under the age of 18 years— it must be presumed, in the absence of evidence to the contrary, that the person's age at that time was the age that is so asserted.