New South Wales Consolidated Acts

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RESTRICTED PREMISES ACT 1943 - SECT 2

Definitions

2 Definitions

In this Act unless the context or subject matter otherwise indicates or requires--

"appropriate Court" , in relation to a declaration under Part 2, means the Court that made the declaration.

"area" , in relation to a local council, means the area of the council within the meaning of the Local Government Act 1993 .

"associate of a reputed criminal" includes (without limitation) a person who has been given an official warning under section 93X of the Crimes Act 1900 .

"brothel" means premises--

(a) habitually used for the purposes of prostitution, or
(b) that have been used for the purposes of prostitution and are likely to be used again for that purpose, or
(c) that have been expressly or implicitly--
(i) advertised (whether by advertisements in or on the premises, newspapers, directories or the internet or by other means), or
(ii) represented,
as being used for the purposes of prostitution, and that are likely to be used for the purposes of prostitution.
Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

"explosive" has the same meaning as in the Explosives Act 2003 .

"Licensed premises" has the meaning ascribed to it in the Liquor Act 2007 .

"Liquor" has the meaning ascribed to it in the Liquor Act 2007 .

"local council" means a council within the meaning of the Local Government Act 1993 .

"Occupier" of premises includes the lessee or sub-lessee who is not the owner as defined in this section.

"Owner" of premises includes every person who is, whether by law or in equity--
(a) entitled to the same for any estate of freehold in possession, or
(b) in actual receipt of, or entitled to receive, or if the premises were let to a tenant, would be entitled to receive the rents and profits of the same.
In the case of premises sub-leased
"owner" includes any lessee or sub-lessee from whom a sub-lessee holds.

"Premises" includes any building and any part of any building but does not include licensed premises or the premises of any registered club.

"related sex uses" means the following--
(a) the use of premises for the provision of sexual acts or sexual services in exchange for payment,
(b) the use of premises for the provision of massage services (other than genuine remedial or therapeutic massage services) in exchange for payment,
(c) the use of premises for the provision of adult entertainment involving nudity, indecent acts or sexual activity if the entertainment is provided in exchange for payment or if the entertainment is ancillary to the provision of other goods or services.

"reputed criminal" includes (without limitation) a person who--
(a) has been convicted of an indictable offence (including an offence under section 93X of the Crimes Act 1900 ), or
(b) is engaged in an organised criminal activity within the meaning of section 46AA of the Law Enforcement (Powers and Responsibilities) Act 2002 , or
(c) is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012 .

"reputed criminal declaration" --see section 3 (3).

"senior police officer" means a police officer of or above the rank of sergeant.

"weapon" means--
(a) a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996 , or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998 .


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