Australian Capital Territory Current Acts

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SEX WORK ACT 1992 - SECT 27

Use of prophylactics

    (1)     Each operator and owner of a brothel or escort agency must take reasonable steps to ensure that no person provides or receives commercial sexual services at the brothel or escort agency, being services which involve vaginal, oral or anal penetration by any means, unless a prophylactic is used.

Maximum penalty: 50 penalty units.

    (2)     An operator or owner of a brothel must not discourage the use of prophylactics at the brothel.

Maximum penalty: 100 penalty units.

    (3)     A person must not, at a brothel or elsewhere, provide or receive commercial sexual services that involve vaginal, oral or anal penetration by any means unless a prophylactic is used.

Maximum penalty: 50 penalty units.

Note     It is also an offence not to take reasonable precautions against transmitting a notifiable condition (see Public Health Regulation 2000

, s 21 (1)).

    (4)     A person must not, at a brothel or elsewhere, while providing or receiving commercial sexual services that involve oral, anal or vaginal penetration—

        (a)     misuse, damage or interfere with the efficacy of any prophylactic used; or

        (b)     continue to use a prophylactic that he or she knows, or could reasonably be expected to know, is damaged.

Maximum penalty: 50 penalty units.



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