S. 3(1) def. of escort agency amended by Nos 82/2008 s. 3(2), 1/2010 s. 42(2)(Sch. item 2(c)) (as amended by No. 63/2010 s. 27). escort agency means a business of offering or providing, or facilitating the offer or provision of, sex work services to persons at premises not made available by the agency; S. 3(1) def. of Fund amended by Nos 52/1998 s. 194(e), 1/2010 s. 42(2)(Sch. item 2(d)) (as amended by No. 63/2010 s. 27). Fund means the Sex Work Regulation Fund; S. 3(1) def. of HIV inserted by No. 46/2008 s. 283(1). HIV has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008; hospital means public hospital, private hospital or denominational hospital within the meaning of the Health Services Act 1988; S. 3(1) def. of insolvent under administration inserted by No. 101/1998 s. 10(1), repealed by No. 4/2008 s. 32(Sch. item 27). * * * * * S. 3(1) def. of inspector inserted by No. 44/1999 s. 4(1), amended by No. 21/2012 s. 239(Sch. 6 item 42.1). inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;
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(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 of member repealed by No. 52/1998 s. 194(c).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. 6(3) amended by No. 1/2010 s. 42(2)(Sch. item 11) (as amended by No. 63/2010 s. 27). (3) If in a proceeding for an offence against subsection (1) it is proved that the accused was residing with a sex worker who was a child, the accused must be presumed to be guilty of the offence in the absence of proof to the contrary. (4) 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. 7 Agreement for provision of sexual services by a child S. 7(1) amended by No. 48/1997 s. 70(3). (1) A person must not enter into or offer to enter into an agreement under which a child is to provide sexual services to or for that person or another person in return for payment or in exchange for drugs of dependence. Level 4 imprisonment (15 years maximum). (2) An offence against subsection (1) is an indictable offence.
(b) a hospital; or S. 12(1)(c) amended by No. 80/2011 s. 79(Sch. item 7.2). (c) a school, education and care service premises or children's services centre; or (d) a public place regularly frequented by children and in which children are present at the time of the loitering. For a first offence—30 penalty units or imprisonment for 3 months; For a second offence—60 penalty units or imprisonment for 6 months; For a subsequent offence—90 penalty units or imprisonment for 9 months. S. 12(2) amended by No. 73/2011 s. 4(1). (2) Subject to section 14, a person must not— S. 12(2)(a) amended by No. 1/2010 s. 42(2)(Sch. item 22) (as amended by No. 63/2010 ss 27, 34). (a) loiter in or frequent a public place for the purpose of, or with the intention of, inviting or soliciting any person to offer sex work services himself or herself with him or her or another person or of being accosted by or on behalf of a sex worker; or S. 12(2)(b) amended by No. 1/2010 s. 42(2)(Sch. item 22(a)) (as amended by No. 63/2010 ss 27, 34). (b) in a public place invite or solicit any person to offer sex work services himself or herself with him or her or another person. For a first offence—10 penalty units or imprisonment for 1 month;
For a subsequent offence—60 penalty units or imprisonment for 6 months. S. 16 (Heading) inserted by No. 1/2010 s. 42(2)(Sch. item 26) (as amended by No. 63/2010 s. 27). S. 16 amended by No. 1/2010 s. 42(2)(Sch. item 27) (as amended by No. 63/2010 s. 27). 16 Offensive behaviour towards sex workers A person must not in or near a public place with the intention of intimidating, insulting or harassing a sex worker— (a) behave in an indecent, offensive or insulting manner; or (b) use threatening, abusive or insulting words. 30 penalty units or imprisonment for 3 months. S. 17 (Heading) inserted by No. 1/2010 s. 42(2)(Sch. item 28) (as amended by No. 63/2010 s. 27). 17 Controls on advertising by sex work service providers S. 17(1) amended by No. 1/2010 s. 42(2)(Sch. item 29(a)) (as amended by No. 63/2010 s. 27). (1) A person must not publish or cause to be published an advertisement for sex work services that— (a) describes the services offered; or (b) contravenes the regulations. 40 penalty units. S. 17(2) amended by No. 1/2010 s. 42(2)(Sch. item 29(a)) (as amended by No. 63/2010 s. 27). (2) A person must not cause an advertisement for sex work services to be broadcast or televised. 40 penalty units. (3) A person must not publish or cause to be published a statement which is intended or likely to induce a person to seek employment—
S. 17(3)(a) amended by No. 1/2010 s. 42(2)(Sch. item 29(b)) (as amended by No. 63/2010 s. 27). (a) as a sex worker; or S. 17(3)(b) amended by Nos 1/2010 s. 42(2)(Sch. item 29(a)) (as amended by No. 63/2010 s. 27), 50/2014 s. 46. (b) in a brothel or with an escort agency or any other business that provides sex work services if the employment will involve, to any extent, the employee engaging in sex work. 40 penalty units. S. 17(4) amended by No. 1/2010 s. 42(2)(Sch. item 29(a)) (as amended by No. 63/2010 s. 27). (4) A sex work service provider or any other business that provides sex work services must not publish or cause to be published an advertisement for the business that— (a) uses (either alone or in combination with any other word or words or letters) the words "massage", "masseur", "remedial" or any other words that state or imply that the business provides massage services; or (b) holds the business out either directly or by implication as a provider of massage services. 40 penalty units. (5) If in a proceeding for an offence against this section it is proved to the court that— S. 17(5)(a) amended by No. 1/2010 s. 42(2)(Sch. item 29(a)) (as amended by No. 63/2010 s. 27). (a) an advertisement has been published for or relating to a brothel, escort agency or any other business that provides sex work services; and (b) a person is the owner or occupier of the premises on which the brothel, escort agency or that other business is carried on—
minimise the risk of acquiring or transmitting sexually transmitted diseases while providing or receiving those services. 20 penalty units. S. 19 (Heading) inserted by No. 1/2010 s. 42(2)(Sch. item 31) (as amended by No. 63/2010 s. 27). 19 Permitting sex worker infected with a disease to work in a brothel etc. S. 19(1) amended by No. 1/2010 s. 42(2)(Sch. item 32(b)) (as amended by No. 63/2010 s. 27). (1) A person who— S. 19(1)(a) amended by No. 1/2010 s. 42(2)(Sch. item 32(a)) (as amended by No. 63/2010 s. 27). (a) is a sex work service provider; or S. 19(1)(b) amended by No. 1/2010 s. 42(2)(Sch. item 32(a)) (as amended by No. 63/2010 s. 27). (b) manages a brothel or an escort agency or any other business that provides sex work services— must not permit a sex worker to work (whether under a contract of service or a contract for services) in a brothel or for the escort agency or other business during any period in which he or she knows that the sex worker is infected with a sexually transmitted disease. 50 penalty units.
any other sexually transmitted disease; and (b) he or she believed on reasonable grounds that he or she was not infected with a sexually transmitted disease. S. 20(3) inserted by No. 1/2010 s. 46(2). (3) In this section, Health Minister means the person for the time being administering the Public Health and Wellbeing Act 2008. 21 Consuming liquor in brothel S. 21(1) amended by No. 1/2010 s. 42(2)(Sch. item 35) (as amended by No. 63/2010 s. 27). (1) A sex work service provider must not— (a) sell, supply or consume liquor at a brothel; or (b) permit liquor to be sold, supplied or consumed at a brothel. 100 penalty units. S. 21(2) amended by No. 1/2010 s. 42(2)(Sch. item 35) (as amended by No. 63/2010 s. 27). (2) If in a proceeding for an offence against subsection (1)(b) it is proved to the court that liquor was sold, supplied or consumed at a brothel, the sex work service provider must, in the absence of proof to the contrary, be presumed to have permitted the liquor to be sold, supplied or consumed. S. 21(3) amended by No. 44/1999 s. 31(2). (3) This section applies despite anything to the contrary in the Liquor Control Reform Act 1998 or in any licence or permit granted or having effect under that Act. S. 21A inserted by No. 73/1996 s. 70. 21A Operating brothel other than in a building S. 21A(1) amended by No. 1/2010 s. 42(2)(Sch. item 36) (as amended by No. 63/2010 s. 27). (1) A person must not carry on business as a sex work service provider of a kind referred to in the definition of brothel in section 3 at premises— (a) for which there is not in force a permit granted under the Planning and
S. 21I(1) amended by No. 37/2014 s. 10(Sch. item 155.8). (1) A police officer, using no more force than is reasonably necessary, may— (a) prevent a person from entering, or attempting to enter, a declared area contrary to section 21G(1); (b) remove a person from a declared area after the person has refused to comply with a direction under section 21H. S. 21I(2) amended by No. 37/2014 s. 10(Sch. item 155.8). (2) Nothing in this section limits any powers of arrest that a police officer has under any other law. (3) Any action taken under this section does not prevent the institution of proceedings in respect of an offence. S. 21J inserted by No. 64/2010 s. 69. 21J Infringement notices S. 21J(1) amended by No. 37/2014 s. 10(Sch. item 155.8). (1) If a police officer has reason to believe that a person has committed an offence against section 21G(1) or (2), the police officer may serve an infringement notice on the person. (2) The infringement penalty for an offence referred to in subsection (1) is 2 penalty units. (3) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(iv) directly receiving any income derived from the business carried on by the other; or (c) one business is carried on by a body corporate and the other business is carried on by a person who— S. 23(3)(c)(i) amended by No. 27/2001 s. 8(Sch. 6 item 5.3). (i) is a director or secretary of the body corporate or a spouse or domestic partner of such a director or secretary; or (ii) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or (iii) holds or will hold any relevant position (whether in his or her own right or on behalf of any other person) in the business of the body corporate; or S. 23(3)(c)(iv) amended by Nos 27/2001 s. 8(Sch. 6 item 5.3), 44/2001 s. 3(Sch. item 94.2). (iv) is a related body corporate within the meaning of section 9 of the Corporations Act or a director or secretary, or a spouse or domestic partner of a director or secretary, of a related body corporate. 24 Register for businesses to which section 23 applies S. 24(1) amended by No. 52/1998 s. 195(a). (1) A person who intends to rely on an exemption under section 23 must, before commencing to carry on business or as soon as practicable after the commencement of this subsection (whichever
S. 37(1)(a) amended by No. 1/2010 s. 42(2)(Sch. item 43) (as amended by No. 63/2010 s. 27). (a) is not a suitable person to carry on business as a sex work service provider; or S. 37(1)(b) substituted by No. 73/2011 s. 6(1). (b) has been convicted or found guilty of a disqualifying offence that renders the grant of a licence to that person against the public interest, having regard to— (i) the nature of the offence; and (ii) the date on which the offence was committed; or S. 37(1)(c) amended by No. 47/1997 s. 13. (c) has, within the preceding 5 years, had a licence granted to him or her cancelled under Division 4; or S. 37(1)(d) amended by Nos 44/1999 s. 10(1), 73/2011 s. 6(2). (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 a disqualifying offence referred to in paragraph (b); or S. 37(1)(e) amended by Nos 52/1998 s. 200(c), 73/2011 s. 6(2). (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 a disqualifying offence referred to in paragraph (b); or S. 37(1)(f) inserted by No. 52/1998 s. 200(c). (f) is an insolvent under administration; or S. 37(1)(g) inserted by No. 52/1998 s. 200(c). (g) is a represented person within the meaning of the Guardianship and Administration Act 1986. (2) For the purposes of subsection (1)(d) a person is an associate of another person if he or she—
made available to, and used by, persons working in the business. S. 39(3) amended by No. 47/1997 s. 14, substituted by No. 52/1998 s. 202(2). (3) A licence remains in force until it is surrendered, suspended or cancelled. (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. 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. 54A inserted by No. 47/1997 s. 30. 54A Disciplinary powers of Tribunal S. 54A(1) amended by No. 52/1998 s. 222(1)(a)(b). (1) In addition to any other powers of the Tribunal under this Act it may, if satisfied that there are grounds for taking action against an approved manager under this section, by order do one or more of the following— (a) reprimand the approved manager; S. 54A(1)(b) repealed by No. 52/1998 s. 222(1)(c). * * * * * S. 54A(1)(c) amended by No. 52/1998 s. 222(1)(d). (c) order the approved manager to pay into the Fund a penalty of up to $10 000; (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. 61I inserted by No. 44/1999 s. 22. 61I Order requiring supply of information and answers to questions S. 61I(1) amended by No. 35/2000 s. 49(e). (1) For the purpose of monitoring compliance with this Act or the regulations, an inspector, with the written approval of the Director, may apply to the Magistrates' Court for an order requiring any person at a time and place specified by an inspector— S. 61I(1)(a) amended by No. 1/2010 s. 67. (a) to answer orally or in writing any questions put by an inspector relating to a licensee's business as, or any other business an inspector reasonably suspects is operating as, a sex work service provider; or S. 61I(1)(b) amended by No. 1/2010 s. 67. (b) to supply orally or in writing information required by an inspector in relation to a licensee's business as, or any other business an inspector reasonably suspects is operating as, a sex work service provider. S. 61I(2) amended by No. 35/2000 s. 49(e). (2) If the Magistrates' Court is satisfied on the basis of evidence presented by the Director that the order is necessary for the purpose of monitoring compliance with this Act or the regulations, the Court may grant the order sought. (3) An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have effect. (4) An inspector who executes an order under this section must, as soon as practicable after that execution, notify the Magistrates' Court in writing of the time and place of execution of the order. S. 61J inserted by No. 44/1999 s. 22. 61J Entry or search with consent (1) For the purpose of monitoring compliance with this Act and the regulations, an inspector, with the consent of the occupier of the premises, may—
S. 62(3) amended by No. 44/1999 s. 31(14). (3) A person must not— 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(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—
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(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 Nos 44/1999 s. 24(1)(c), 1/2010 s. 42(2)(Sch. item 61(a)) (as amended by No. 63/2010 s. 27), 50/2014 s. 48. (b) the general operation of the sex work industry in Victoria;
S. 75(3A) inserted by No. 44/1999 s. 26. (3A) For the purposes of subsection (3)(c), (f) and (g) a person is an associate of a body corporate if he or she— S. 75(3A)(a) amended by Nos 27/2001 s. 8(Sch. 6 item 5.3), 82/2008 s. 13(2). (a) is a director or secretary of the body corporate or a relative (other than an uninvolved relative) of such a director or secretary; or (b) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or (c) holds or will hold any relevant position (whether in his or her own right or on behalf of any other person) in the business of the body corporate. S. 75(4) inserted by No. 99/1995 s. 36(3), amended by No. 11/2001 s. 3(Sch. item 60). (4) For the purposes of this section two persons are not associated only because one has borrowed money from the other (being an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth) and the repayment of the debt is secured by a mortgage over or in respect of land owned by the debtor. S. 75(5) inserted by No. 99/1995 s. 36(3). (5) An offence against subsection (1) is an indictable offence. S. 75A inserted by No. 12/2000 s. 3. 75A Amendment of permits under the Planning and Environment Act 1987 (1) If—
(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to— (i) proceedings for an offence against a provision of this Act (except Division 8A of Part 3); or (ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Division 8A of Part 3); or (iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)). S. 86A(3) inserted by No. 12/2015 s. 21(Sch. 1 item 11). (3) In this section— this Act includes the regulations. 87 Secrecy S. 87(1) amended by No. 99/1995 s. 37(1). (1) The following are bound by this section— S. 87(1)(a) amended by No. 52/1998 s. 230(a). (a) a member of the Advisory Committee; S. 87(1)(b) amended by No. 37/2014 s. 10(Sch. item 155.24). (b) a police officer;