Australian Capital Territory Current Acts

SEX WORK ACT 1992 - SECT 26A

    (1)     A person commits an offence if the person—

        (a)     is the operator of a commercial brothel or commercial escort agency; and

        (b)     fails to provide a sex worker employed at the brothel, or from the escort agency, prophylactics in sufficient quantity to allow the sex worker to comply with section 27 (3).

Maximum penalty: 40 penalty units.

    (2)     A person commits an offence if the person—

        (a)     is the operator of a commercial brothel or commercial escort agency; and

        (b)     fails to—

              (i)     provide a sex worker employed at the brothel, or from the escort agency, personal protective equipment; and

              (ii)     take reasonable steps to ensure the sex worker uses the personal protective equipment to minimise the risk to the sex worker's health or safety.

Maximum penalty: 40 penalty units.

    (3)     A person commits an offence if the person—

        (a)     is the operator of a commercial brothel or commercial escort agency; and

        (b)     provides a sex worker employed at the brothel, or from the escort agency, prophylactics or personal protective equipment; and

        (c)     charges, or imposes a levy on, the sex worker for the prophylactics or personal protective equipment.

Maximum penalty: 40 penalty units.

    (4)     In this section:

"commercial brothel"—see section 5.

"commercial escort agency"—see section 5.

"personal protective equipment", in relation to sex work, means anything used or worn by a sex worker to minimise risk to the sex worker's health or safety from engaging in sex work.

Examples—personal protective equipment

dental dams, latex gloves, water-based lubricants, sponges