S. 3 amended by No. 27/2001 s. 8(Sch. 6 item 5.2) (ILA s. 39B(1)). 3 Definitions s. 3 (1) In this Act— Advisory Committee means the Advisory Committee established by section 67; S. 3(1) def. of approved manager inserted by No. 47/1997 s. 4, amended by Nos 52/1998 s. 194(a), 1/2010 s. 42(2)(Sch. item 2(a)) (as amended by No. 63/2010 s. 27). approved manager means a person who holds an approval of the Authority under section 52 as a manager of a sex work service providing business; assault has the same meaning as in section 31(1) of the Crimes Act 1958; authorised member of the police force means a member of the police force who is— (a) of or above the rank of sergeant; or (b) authorised in writing by the Chief Commissioner of Police to enforce Parts 3 to 5; authorised officer of the responsible authority means an officer of the responsible authority who is authorised in writing by the responsible authority to enforce Parts 4 and 5; S. 3(1) def. of Authority inserted by No. 52/1998 s. 194(b). Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;
(d) to seek to ensure that brothels are not located in residential areas or in areas frequented by children; S. 4(da) inserted by No. 44/1999 s. 6(1). (da) to seek to ensure that no one person has at any one time an interest in more than one brothel licence or permit; S. 4(e) amended by No. 1/2010 s. 42(2)(Sch. item 6(c)) (as amended by No. 63/2010 s. 27). (e) to maximise the protection of sex workers and their clients from health risks; S. 4(f) amended by No. 1/2010 s. 42(2)(Sch. item 6(c)) (as amended by No. 63/2010 s. 27). (f) to maximise the protection of sex workers from violence and exploitation; S. 4(g) amended by No. 44/1999 s. 6(2). (g) to ensure that brothels are accessible to inspectors, law enforcement officers, health workers and other social service providers; s. 4 S. 4(h) amended by No. 1/2010 s. 42(2)(Sch. item 6(c)) (as amended by No. 63/2010 s. 27). (h) to promote the welfare and occupational health and safety of sex workers. _______________
S. 12 (Heading) inserted by No. 1/2010 s. 42(2)(Sch. item 21) (as amended by No. 63/2010 s. 27). 12 Street sex work—offences by clients s. 12 S. 12(1) amended by No. 1/2010 s. 42(2)(Sch. item 22) (as amended by No. 63/2010 ss 27, 34). (1) A person must not 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, intentionally or recklessly loiter in or near— (a) a place of worship; or (b) a hospital; or (c) a school, kindergarten 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) 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. 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 s. 16 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. 19(2) amended by No. 1/2010 s. 42(2)(Sch. item 32(b)) (as amended by No. 63/2010 s. 27). (2) If it is proved to a court that a person referred to in subsection (1) permitted a sex worker to work as mentioned in that subsection during a period in which the sex worker was infected with a sexually transmitted disease, that person must be presumed to have known that the sex worker was so infected unless that person proves that at the time the offence is alleged to have been committed that person believed on reasonable grounds— S. 19(2)(a) substituted by No. 99/1995 s. 27(1), amended by No. 1/2010 s. 42(2)(Sch. item 32(b)) (as amended by No. 63/2010 s. 27). (a) that the sex worker had been undergoing— s. 19 S. 19(2)(a)(i) amended by No. 46/2008 s. 283(3). (i) regular blood tests, on at least a quarterly basis, for HIV and each other sexually transmitted disease for which blood tests are appropriate; and (ii) regular swab tests, on at least a monthly basis, for the purpose of determining whether he or she was infected with any other sexually transmitted disease; and S. 19(2)(b) amended by No. 1/2010 s. 42(2)(Sch. item 32(b)) (as amended by No. 63/2010 s. 27). (b) that the sex worker was not infected with a sexually transmitted disease.
for believing that the person lives or works in the declared area. (7) No more than one banning notice may be given to a person for a declared area in respect of the same relevant offence, but a banning notice may be given to a person who is already subject to a banning notice for the declared area if the subsequent notice is given in respect of a separate relevant offence. S. 21D inserted by No. 64/2010 s. 69. 21D Content of banning notice s. 21D (1) A banning notice must include the following details— (a) the name of the person to whom the notice applies; (b) the declared area in which the banning notice applies, including a map of the declared area; (c) the specified period for which the notice applies; (d) the name, rank and place of duty of the relevant police member giving the notice. (2) A banning notice must state— (a) that the relevant police member giving the notice suspects that the person has committed an offence against section 12(2)(b) within the declared area in which the banning notice applies; and (b) the grounds for the suspicion; and (c) that the person must not enter the declared area during the specified period; and (d) that, if the person is in the declared area, the person must leave the declared area in accordance with a direction of a member of the police force to do so; and
under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence against that subsection. S. 22(3) amended by Nos 48/1997 s. 70(9), 44/1999 s. 7(3), 1/2010 s. 42(2)(Sch. item 38) (as amended by No. 63/2010 s. 27). (3) A person must not assist in the carrying on of a sex work service providing business at a time when he or she knows that subsection (1) is being contravened or is reckless as to whether or not subsection (1) is being contravened. s. 22 Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both. (4) An offence against subsection (1) or (3) is an indictable offence. S. 22(5) amended by Nos 44/1999 s. 8(4), 1/2010 s. 42(2)(Sch. item 38) (as amended by No. 63/2010 s. 27). (5) In a proceeding for an offence against subsection (1), (1A) or (3) evidence of the presence on premises of materials commonly used in safe sexual practices is inadmissible for the purpose of establishing that a sex work service provider carried on business on those premises. 23 Special provisions for small owner-operated businesses s. 23 (1) Subject to this section, the following are exempt from the requirement to hold a licence— 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)—
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). s. 24 (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 occurs first), give to the Authority the prescribed particulars in relation to the business. 30 penalty units. S. 24(2) amended by No. 52/1998 s. 195(a)(b). (2) The Registrar must enter in a register any particulars given to the Authority in accordance with subsection (1). S. 24(3) amended by Nos 52/1998 s. 195(a)(c), 35/2000 s. 49(c). (3) The register referred to in subsection (2) may only be inspected by the Director, by members or staff of the Authority or by authorised members of the police force or authorised officers of the responsible authority. S. 24(4) amended by No. 52/1998 s. 195(b). (4) The Registrar may correct an error or omission in the register by— (a) inserting an entry; or s. 24 (b) amending an entry; or (c) omitting an entry—
S. 48(3)(da) inserted by No. 44/1999 s. 14. (da) the licensee has, at any time after the commencement of section 14 of the Prostitution Control (Amendment) Act 1999, knowingly or recklessly permitted the involvement in the management or operation of the licensed business of a person who, within the preceding 5 years, had been convicted or found guilty of an offence which the Authority could reasonably treat as a disqualifying offence if the person were an applicant for a licence; or S. 48(3)(e) amended by No. 1/2010 s. 42(2)(Sch. item 46) (as amended by No. 63/2010 s. 27). (e) 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 at which the licensee is carrying on business as a sex work service provider; or s. 48 (f) the licensee has been charged with any offence referred to in— (i) section 47(1)(a), (b) or (c); or (ii) paragraph (b), (c) or (e) of this subsection; or (iii) Schedule 3; or S. 48(3)(fa) inserted by No. 82/2008 s. 8(1). (fa) the effective control of the licensed business is not, or is unlikely to remain, with the licensee; or (g) the licensee has contravened this Act or the regulations. S. 48(4) repealed by No. 52/1998 s. 214(2). * * * * * (5) If an application for a disciplinary inquiry is made, an inquiry must not start within 30 days of
when the application for the inquiry is made unless— S. 48(5)(a) amended by No. 52/1998 s. 214(4). (a) the person who made the application or the licensee applies to the Tribunal for the inquiry to be started within that time; and S. 48(5)(b) amended by No. 52/1998 s. 214(4). (b) the Tribunal is satisfied that there are exceptional circumstances. S. 48(6) inserted by No. 82/2008 s. 8(2). (6) For the purposes of subsection (3)(fa), in determining whether a licensee is or is likely to remain in effective control of a licensed business, the Tribunal must consider whether the licensee has complied or is likely to comply with section 42. S. 48A inserted by No. 47/1997 s. 23. 48A Disciplinary powers of Tribunal s. 48A S. 48A(1) amended by No. 52/1998 s. 215(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 a licensee under this section, by order do one or more of the following— (a) reprimand the licensee; S. 48A(1)(b) repealed by No. 52/1998 s. 215(1)(c). * * * * * S. 48A(1)(c) amended by No. 52/1998 s. 215(1)(d), substituted by No. 82/2008 s. 9. (c) order the licensee to pay into the Fund a penalty not exceeding an amount that is 600 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; (d) impose any condition or restriction on the licence;
(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 S. 51(3)(c) amended by No. 44/1999 s. 15(2)(b). (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; or S. 51(3)(d) inserted by No. 44/1999 s. 15(2)(b), amended by No. 1/2010 s. 42(2)(Sch. item 49) (as amended by No. 63/2010 s. 27). (d) has entered into a business arrangement or relationship with the body corporate in respect of a sex work service providing business. 52 Grant or refusal of approval or renewal s. 52 S. 52(1) amended by Nos 52/1998 s. 218(1), 44/1999 s. 16(1)(a)(b), 1/2010 s. 42(2)(Sch. item 50) (as amended by No. 63/2010 s. 27). (1) The Authority may approve, or renew the approval, of a person as a manager of a sex work service providing business or refuse to give such an approval or renewal. S. 52(1A) inserted by No. 44/1999 s. 16(2). (1A) An approval, or renewal of an approval, may be given subject to conditions or restrictions.
renewal of an approval under section 52(1) is subject or impose a new condition or restriction on the approval. (2) The Authority may act under subsection (1)— (a) of its own initiative; or (b) on the application of the approved manager; or S. 52AA(2)(c) amended by No. 35/2000 s. 49(e). (c) on the application of an authorised member of the police force or the Director. S. 52AB inserted by No. 44/1999 s. 17. 52AB Endorsement of certificate of approval (1) If under section 52AA or 54A, a condition or restriction is imposed on an approval or renewal of an approval or such a condition is varied or revoked, the Authority may require the approved manager to produce the certificate of approval for endorsement of or variation or revocation of the condition or restriction. (2) An approved manager must comply with a requirement under subsection (1). Level 10 fine (10 penalty units maximum). S. 52A inserted by No. 47/1997 s. 28. 52A Surrender of approval s. 52AB S. 52A(1) amended by No. 52/1998 s. 219(1). (1) Subject to subsection (2), an approved manager may at any time by notice in writing to the Authority surrender the approval. S. 52A(2) amended by No. 52/1998 s. 219(2). (2) If the Tribunal has determined to conduct an inquiry under section 54 in relation to an approved manager, the approved manager may not, without leave of the Tribunal, surrender the approval unless the Tribunal has determined to take action
under section 54A or has determined not to take any such action. S. 52A(3) amended by Nos 52/1998 s. 219(1), 44/1999 s. 31(10). (3) The person who held an approval that has been surrendered must return the certificate of approval to the Authority within 14 days of surrendering it. Level 10 fine (10 penalty units maximum). S. 53 amended by Nos 47/1997 s. 29(1)–(3), 52/1998 s. 220(1)(2), 101/1998 s. 11(3)(c), substituted by No. 44/1999 s. 18. 53 Cancellation of approval (1) An approval under section 52(1) is automatically cancelled if at any time after it is granted or last renewed— (a) the approved manager is convicted or found guilty of an offence against the Drugs, Poisons and Controlled Substances Act 1981 or against a law of another State or of a Territory of the Commonwealth which the Governor in Council, by Order published in the Government Gazette, declares to be a law that makes provision substantially similar to the provisions of that Act or against a corresponding law within the meaning of that Act; or (b) the approved manager is convicted or found guilty of an offence that is set out in Schedule 3; or (c) the approved manager is convicted or found guilty of an indictable offence punishable by imprisonment for 12 months or more or of an offence which, if committed in Victoria, would have been an indictable offence punishable by imprisonment for 12 months or more; or s. 53 (d) the approved manager serves a sentence of imprisonment, whether in Victoria or outside Victoria; or
(e) the approved manager becomes an insolvent under administration; or (f) the approved manager becomes a represented person within the meaning of the Guardianship and Administration Act 1986. (2) For the purposes of subsection (1), a conviction or finding of guilt takes effect at the conclusion of the proceeding for the offence, whether on appeal or otherwise, or at the end of any appeal period, whichever is the later. S. 54 substituted by No. 47/1997 s. 30. 54 Disciplinary action against approved manager s. 54 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. 56(1) amended by No. 44/1999 s. 20. s. 56 (1) A person whose interests are affected by a decision of the Authority under section 39, 40, 52 or 52AA may apply to the Tribunal for review of that decision. (2) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Division 8—Offences 57 Licensee not to carry on business with unlicensed partner etc. S. 57(1) amended by Nos 44/1999 s. 31(12), 1/2010 s. 42(2)(Sch. item 54) (as amended by No. 63/2010 s. 27). s. 57 (1) A licensee must not carry on business as a sex work service provider in partnership with, or otherwise in association with, a person who is not also licensed to carry on that business. Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum) or both. (2) For the purposes of subsection (1) a person carries on a business in association with another person if he or she would be an associate of that person for the purposes of section 37(1)(d) or (e) or is directly receiving any income from a business carried on by that person.