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Queensland
PROSTITUTION LAWS
AMENDMENT BILL 1992
Queensland
PROSTITUTION LAWS AMENDMENT
BILL 1992
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF CRIMES (CONFISCATION OF
PROFITS) ACT 1989
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 3--AMENDMENT OF CRIMINAL CODE
5 Amended Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s.1 (Construction of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s.216 (Abuse of intellectually impaired persons) . . . . . . . . 7
8 Replacement of s.217 (Procuration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
217 Procuring young person etc. for carnal knowledge . . . . . . . . . . . . . . 7
9 Replacement of s.218 (Procuring defilement of Woman by
Threats, or Fraud, or Administering Drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . 8
218 Procuring sexual acts by coercion etc. . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Insertion of new Chapter 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
CHAPTER 22A--PROSTITUTION
229C Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
229D Meaning of "sexual act" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
229E Meaning of "prostitution" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
229F Meaning of "intellectually impaired person" . . . . . . . . . . . . . . . . . . 11
229G Procuring prostitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
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Prostitution Laws Amendment
229H Knowingly participating in provision of prostitution . . . . . . . . . . . . . 12
229I Persons found in places reasonably suspected of being
used for prostitution etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
229J Certificate of discharge for s.229I offence . . . . . . . . . . . . . . . . . . . . . 13
229K Having an interest in premises used for the purposes of
prostitution etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
229L Permitting young person etc. to be at place used for prostitution . . 17
229M Police officer may require person to provide name and
address etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
229N Evidence that place is being used for prostitution . . . . . . . . . . . . . . 18
229O Non-compellability of health service providers . . . . . . . . . . . . . . . . . 19
229P Summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11 Omission of s.231 (Bawdy Houses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 Amendment of s.235 (Acting as Keeper of Bawdy Houses,
Gaming Houses, Betting Houses, and Lotteries) . . . . . . . . . . . . . . . . . . . . . 20
PART 4--AMENDMENT OF VAGRANTS, GAMING, AND
OTHER OFFENCES ACT 1931
13 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Replacement of s.1 (Short title and Parts of Act) . . . . . . . . . . . . . . . . . . . . . 20
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Amendment of s.2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16 Omission of s.3 (Repeal. Schedule) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
17 Omission of s.5 (Prostitutes, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Omission of s.8 (Keepers of premises for purposes of prostitution, etc.) . . . 22
19 Omission of s.8A (Persons using massage rooms etc., for
prostitution or soliciting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
20 Omission of s.8B (Warrant to enter premises) . . . . . . . . . . . . . . . . . . . . . . . 22
21 Omission of s.9 (Lodging-house keepers permitting prostitution) . . . . . . . . 22
22 Omission of s.10 (Return of inmates of suspected house) . . . . . . . . . . . . . . 22
23 Amendment of s.11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Insertion of new Part 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 2A--OFFENCES RELATING TO PROSTITUTION
18A Public soliciting for purposes of prostitution . . . . . . . . . . . . . . . . . . . 23
18B Advertising prostitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Prostitution Laws Amendment
18C Nuisances connected with prostitution . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Amendment of s.38 (Where offender may be arrested) . . . . . . . . . . . . . . . . 25
26 Amendment of s.55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
27 Replacement of s.58 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
56 Police officer may require person to provide name and
address etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
57 Additional power of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
58 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
28 Omission of Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
1992
A BILL
FOR
An Act to amend laws relating to prostitution, and for other purposes
6
Prostitution Laws Amendment
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
This Act may be cited as the Prostitution Laws Amendment Act 6
Clause1.
1992. 7
8
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 9
PART 2--AMENDMENT OF CRIMES 10
(CONFISCATION OF PROFITS) ACT 1989 11
Act 12
Amended
The Crimes (Confiscation of Profits) Act 1989 is amended as set 13
Clause3.
out in this Part. 14
15
Interpretation
Clause4. Section 3(1) (definition "serious offence", paragraph (a))-- 16
omit, insert-- 17
`(a) an indictable offence (whether dealt with on indictment or 18
summarily); or'. 19
7
Prostitution Laws Amendment
PART 3--AMENDMENT OF CRIMINAL CODE 1
Code 2
Amended
Clause5. The Criminal Code is amended as set out in this Part. 3
of s.1 (Construction of terms) 4
Amendment
Section 1-- 5
Clause6.
insert-- 6
` "intellectually impaired person" has the meaning given by section 7
229F; 8
"prostitution" has the meaning given by section 229E; 9
"sexual act" has the meaning given by section 229D;'. 10
of s.216 (Abuse of intellectually impaired persons) 11
Amendment
Clause7. Section 216(6) (definition "intellectually impaired person")-- 12
omit. 13
of s.217 (Procuration) 14
Replacement
Section 217-- 15
Clause8.
omit, insert-- 16
young person etc. for carnal knowledge 17
`Procuring
`217.(1) A person who procures a person who is not an adult or is an 18
intellectually impaired person to engage in carnal knowledge (either in 19
Queensland or elsewhere) commits a crime. 20
Maximum penalty--imprisonment for 14 years. 21
`(2) A person may be convicted of an offence against this section on the 22
uncorroborated testimony of 1 witness, but the Judge must warn the jury of 23
the danger of acting on the testimony unless they find that it is corroborated 24
in some material particular by other evidence implicating the person. 25
8
Prostitution Laws Amendment
`(3) In this section-- 1
"carnal knowledge" includes carnal knowledge by anal intercourse; 2
"procure" means knowingly entice or recruit for the purposes of sexual 3
exploitation.'. 4
of s.218 (Procuring defilement of Woman by Threats, or 5
Replacement
Fraud, or Administering Drugs) 6
Section 218-- 7
Clause9.
omit, insert-- 8
sexual acts by coercion etc. 9
`Procuring
`218.(1) A person who-- 10
(a) by threats or intimidation of any kind, procures a person to 11
engage in a sexual act, either in Queensland or elsewhere; or 12
(b) by a false pretence, procures a person to engage in a sexual act, 13
either in Queensland or elsewhere; or 14
(c) administers to a person, or causes a person to take, a drug or 15
other thing with intent to stupefy or overpower the person to 16
enable a sexual act to be engaged in with the person; 17
commits a crime. 18
Maximum penalty--imprisonment for 7 years. 19
`(2) If the victim of an offence against this section is a child under the age 20
of 16 or an intellectually impaired person, the maximum penalty to which 21
the offender is liable is imprisonment for 14 years. 22
`(3) A person may be convicted of an offence against this section on the 23
uncorroborated testimony of 1 witness, but the Judge must warn the jury of 24
the danger of acting on the testimony unless they find that it is corroborated 25
in some material particular by other evidence implicating the person.'. 26
of new Chapter 22A 27
Insertion
Clause10. After section 229B-- 28
insert-- 29
9
Prostitution Laws Amendment
CHAPTER 22A--PROSTITUTION 1
`
2
`Definitions
`229C. In this Chapter-- 3
"address" means current place of residence; 4
"arrangement" includes scheme, agreement, understanding, promise or 5
undertaking, whether express or implied; 6
"capacity" means ability or power (whether direct or indirect), and includes 7
ability or power that is exercisable because of, by way of, in breach of, 8
or by revocation of, any of, or any combination of, the following 9
(whether or not they are enforceable)-- 10
(a) trusts; 11
(b) arrangements; 12
(c) practices; 13
"control" means the capacity of an entity to dominate, whether directly or 14
indirectly, decision-making in relation to the financial and operating 15
policies of another entity so as to enable the other entity to operate with 16
the first entity in pursuing the first entity's objectives; 17
"entity" means any legal, administrative or fiduciary arrangement, 18
organisational structure or other party (including a person) having the 19
capacity to deploy scarce resources in order to achieve objectives; 20
"participate" means enable, aid, facilitate, organise or control; 21
"place" includes-- 22
(a) vacant land (which may be held under more than 1 title or 23
owner); and 24
(b) a place in Queensland waters; and 25
(c) premises; 26
"premises" includes-- 27
(a) a building or structure, or a part of a building or structure, of any 28
type; and 29
(b) a group of buildings or structures, or a part of a group of 30
10
Prostitution Laws Amendment
buildings or structures, of any type (which may be held under 1
more than 1 title or owner); and 2
(c) the land or water on which a building or structure is, or a group 3
of buildings or structures are, situated (which may be held under 4
more than 1 title or owner); and 5
(d) a vehicle, caravan, vessel or aircraft; 6
"publishing" means publishing in Queensland or elsewhere by way of 7
television, newspaper, radio or another form of communication. 8
of "sexual act" 9
`Meaning
`229D.(1) A person engages in a "sexual act" if the person-- 10
(a) allows a sexual act to be done to the person's body; or 11
(b) does a sexual act to the person's own body or the body of another 12
person; or 13
(c) otherwise engages in an act of an indecent nature with another 14
person. 15
`(2) Subsection (1)-- 16
(a) applies equally to males and females; and 17
(b) is not limited to sexual intercourse or acts involving physical 18
contact. 19
of "prostitution" 20
`Meaning
`229E.(1) A person engages in "prostitution" if the person engages in a 21
sexual act with another person under an arrangement of a commercial 22
character. 23
`(2) It is immaterial whether-- 24
(a) the arrangement is initiated with the person engaging in the sexual 25
act or a third person; or 26
(b) the pecuniary or other reward under the arrangement is to be 27
received by the person engaging in the sexual act or a third 28
person. 29
11
Prostitution Laws Amendment
of "intellectually impaired person" 1
`Meaning
`229F. A person is an "intellectually impaired person" if the person 2
has a disability-- 3
(a) that is attributable to an intellectual, psychiatric, cognitive or 4
neurological impairment or a combination of these; and 5
(b) that results in-- 6
(i) a substantial reduction of the person's capacity for 7
communication, social interaction or learning; and 8
(ii) the person needing support. 9
prostitution 10
`Procuring
`229G.(1) A person who-- 11
(a) procures another person to engage in prostitution, either in 12
Queensland or elsewhere; or 13
(b) procures another person-- 14
(i) to leave Queensland for the purpose of engaging in 15
prostitution elsewhere; or 16
(ii) to come to Queensland for the purpose of engaging in 17
prostitution; or 18
(iii) to leave the other person's usual place of residence in 19
Queensland for the purpose of engaging in prostitution, 20
either in Queensland or elsewhere; 21
commits a crime. 22
Maximum penalty--imprisonment for 7 years. 23
`(2) If the procured person is not an adult or is an intellectually impaired 24
person, the offender is liable to a maximum penalty of 14 years 25
imprisonment. 26
`(3) A person may be convicted of an offence against this section on the 27
uncorroborated testimony of 1 witness, but the Judge must warn the jury of 28
the danger of acting on the testimony unless they find that it is corroborated 29
in some material particular by other evidence implicating the person. 30
12
Prostitution Laws Amendment
`(4) In this section-- 1
"procure" includes knowingly entice or recruit for the purposes of sexual 2
exploitation. 3
participating in provision of prostitution 4
`Knowingly
`229H.(1) A person who knowingly participates, directly or indirectly, in 5
the provision of prostitution by another person commits a crime. 6
Maximum penalty-- 7
(a) for a first offence--imprisonment for 3 years; or 8
(b) for a second offence--imprisonment for 5 years; or 9
(c) for a third or subsequent offence--imprisonment for 7 years. 10
Examples of the crime 11
Example 1 -- A person who knowingly participates in the provision of 12
prostitution by another person through a company, or other 13
entity, or through another individual. 14
Example 2 -- A person who provides financial or other resources to 15
enable the establishment of premises from which 16
prostitution is carried out or coordinated knowing that the 17
premises will be so used. 18
Example 3 -- A person who franchises a network of prostitutes as if they 19
were operating independently. 20
Example 4 -- A person who receives financial or other benefit from 21
another person engaging in prostitution in return for the 22
procuring of clients. 23
Example 5 -- Drivers, operators and hirers of vehicles who provide 24
transport, or the means of transport, for prostitutes or 25
clients knowing that the transport provided is assisting 26
prostitution. 27
Example 6 -- A person who receives, directs or redirects telephone calls 28
or other forms of messages, or who takes bookings or 29
receives money, knowing that the action is in connection 30
with the engaging in of prostitution by another person. 31
13
Prostitution Laws Amendment
Example 7 -- A person who participates, directly or indirectly, in any 1
service, action or matter for the purpose of knowingly 2
enabling another person to engage in prostitution. 3
`(2) However, if a person who is not an adult or is an intellectually 4
impaired person is, to the offender's knowledge, engaged in the provision 5
of the prostitution, the offender is liable to a maximum penalty of 14 years 6
imprisonment. 7
found in places reasonably suspected of being used for 8
`Persons
prostitution etc. 9
`229I.(1) A person who, without reasonable excuse, is found in, or 10
leaving after having been in, a place suspected on reasonable grounds of 11
being used for the purposes of prostitution by 2 or more prostitutes 12
commits a crime. 13
Maximum penalty-- 14
(a) for a first offence--imprisonment for 3 years; or 15
(b) for a second offence--imprisonment for 5 years; or 16
(c) for a third or subsequent offence--imprisonment for 7 years. 17
`(2) However, if a person who is not an adult or is an intellectually 18
impaired person is, to the offender's knowledge, in the place at the time of 19
the offence, the offender is liable to a maximum penalty of 14 years 20
imprisonment. 21
`(3) In sentencing an offender who is a prostitute or client, the court may, 22
in mitigation of sentence, have regard to evidence of an appropriate sexual 23
health check undergone by the offender within 3 months before the offence. 24
of discharge for s.229I offence 25
`Certificate
`229J.(1) In this section-- 26
"defendant" means a person charged with an unlawful presence offence; 27
"identifying matter" means-- 28
(a) the name, address, place of employment or another particular of 29
the defendant or another person that is likely to lead to the 30
14
Prostitution Laws Amendment
identification of the defendant; or 1
(b) any photograph, picture, videotape or other visual representation 2
of the defendant or another person that is likely to lead to the 3
identification of the defendant; 4
"the court" means a court before which is brought a charge against a 5
defendant for an unlawful presence offence, and includes a justice 6
conducting an examination of witnesses in relation to an unlawful 7
presence offence charged against a defendant; 8
"unlawful presence offence" means an offence against section 229I. 9
`(2) At any time before being found guilty of the unlawful presence 10
offence, the defendant-- 11
(a) may apply to the court for the issue of the certificate of discharge 12
mentioned in subsection (6) in relation to the unlawful presence 13
offence; and 14
(b) may apply to the court for an order prohibiting publication of 15
identifying matter in relation to the defendant if the certificate is 16
granted. 17
`(3) The application may be heard in court or in chambers. 18
`(4) If the defendant has been charged on indictment, the application is to 19
be heard and determined by a judge sitting alone without a jury. 20
`(5) On making the application the defendant must give evidence, and 21
may be cross-examined, in relation to all matters relevant to-- 22
(a) the commission, by the defendant, of the unlawful presence 23
offence; and 24
(b) the commission, by any other person, of an offence against this 25
Code in relation to the premises. 26
`(6) If the court is satisfied that the evidence is a full and true disclosure 27
by the defendant of all material particulars within the defendant's 28
knowledge relevant to the application, the court must immediately give the 29
defendant a certificate stating that the defendant is discharged on the 30
unlawful presence offence. 31
`(7) The defendant cannot afterwards be convicted or further prosecuted 32
for the unlawful presence offence. 33
15
Prostitution Laws Amendment
`(8) If the court grants an application under subsection (2)(b), the court 1
may make an order prohibiting the publishing of any identifying matter in 2
relation to the defendant either indefinitely or until further order. 3
`(9) A police officer or other person may serve a copy of the order on 4
any person. 5
`(10) A person who knowingly contravenes an order under subsection 6
(8) commits a crime. 7
Maximum penalty for subsection (10)--2 000 penalty units, imprisonment 8
for 5 years or both. 9
an interest in premises used for the purposes of prostitution 10
`Having
etc. 11
`229K.(1) In this section-- 12
"interested person", in relation to premises, means a person who-- 13
(a) owns, leases, rents or otherwise has an interest in premises; or 14
(b) is entitled to occupy or use premises; or 15
(c) controls an entity that-- 16
(i) owns, leases, rents or otherwise has an interest in premises; 17
or 18
(ii) is entitled to occupy or use premises. 19
`(2) A person who-- 20
(a) is an interested person in relation to premises; and 21
(b) knowingly allows the premises to be used for the purposes of 22
prostitution by 2 or more prostitutes; 23
commits a crime. 24
Maximum penalty-- 25
(a) for a first offence--imprisonment for 3 years; or 26
(b) for a second offence--imprisonment for 5 years; or 27
(c) for a third or subsequent offence--imprisonment for 7 years. 28
`(3) However, if a person who is not an adult or is an intellectually 29
16
Prostitution Laws Amendment
impaired person is, to the offender's knowledge, in the premises at a time 1
of the offence, the offender is liable to a maximum penalty of 14 years 2
imprisonment. 3
`(4) A person allows premises to be used for the purposes of prostitution 4
if the person-- 5
(a) knowingly permits the premises to be used for the purposes of 6
prostitution; or 7
(b) knowing that the premises are being used for the purposes of 8
prostitution, fails to take every reasonable step to stop that use. 9
`(5) A police officer may serve on a person who is an interested person 10
in relation to premises a written warning to the effect that the premises are 11
being used for the purposes of prostitution by 2 or more prostitutes. 12
`(6) In a prosecution against the interested person mentioned in 13
subsection (5), or another person aware of the warning, for an offence 14
against subsection (2), evidence of the warning and its contents are 15
admissible against the defendant. 16
`(7) If a person who is an interested person in relation to premises-- 17
(a) is served with a warning under subsection (5) in relation to the 18
premises; or 19
(b) otherwise has reasonable grounds to suspect that the premises are 20
being used for the purposes of prostitution by 2 or more 21
prostitutes; 22
the person may, by writing served on an occupier or user of the premises, 23
require the occupier or user to leave the premises not later than 7 days after 24
the service of the notice and not return. 25
`(8) A person who, without reasonable excuse, contravenes a 26
requirement made of the person under subsection (7) commits a crime. 27
Example of reasonable excuse 28
If the premises concerned were not used for the purposes of prostitution 29
by 2 or more prostitutes, the person has a reasonable excuse for failing to 30
comply with the requirement. 31
Maximum penalty--imprisonment for 7 years. 32
17
Prostitution Laws Amendment
young person etc. to be at place used for prostitution 1
`Permitting
`229L. A person who knowingly causes or permits a person who is not 2
an adult or is an intellectually impaired person to be at a place used for the 3
purposes of prostitution by 2 or more prostitutes commits a crime. 4
Maximum penalty--imprisonment for 14 years. 5
officer may require person to provide name and address etc. 6
`Police
`229M.(1) This section applies if a police officer-- 7
(a) finds a person committing an offence against this Chapter; or 8
(b) finds a person who the officer has reasonable grounds for 9
suspecting has committed an offence against this Chapter; or 10
(c) believes on reasonable grounds that the name and address, or age, 11
of a person is required for the purposes of the enforcement of this 12
Chapter. 13
`(2) The police officer may-- 14
(a) require the person to state the person's name and address or age; 15
and 16
(b) if the officer believes on reasonable grounds that the name, 17
address or age given by the person is false--require evidence of 18
its correctness. 19
`(3) If the police officer makes a requirement under subsection (2), the 20
officer must warn the person-- 21
(a) that it is an offence-- 22
(i) to fail, without reasonable excuse, to comply with the 23
requirement; or 24
(ii) to give false information or evidence; and 25
(b) that the person may be arrested if the person fails to comply with 26
the requirement or gives false information or evidence. 27
`(4) If the police officer is not in uniform, the police officer must, at the 28
person's request, give the person particulars of the officer's rank, surname 29
and station or establishment. 30
18
Prostitution Laws Amendment
`(5) A person who is required under subsection (2) to state the person's 1
name and address or age must not-- 2
(a) without reasonable excuse, fail to comply with the requirement; 3
or 4
(b) state a false name, address or age. 5
Maximum penalty--5 penalty units. 6
`(6) A person who is required under subsection (2) to give evidence of 7
the correctness of the person's name, address or age must not-- 8
(a) without reasonable excuse, fail to give the evidence; or 9
(b) give false evidence. 10
Maximum penalty--5 penalty units. 11
`(7) A police officer may arrest a person if the police believes on 12
reasonable grounds-- 13
(a) that the person has contravened subsection (5) or (6); and 14
(b) that proceedings by way of complaint and summons against the 15
person would be ineffective. 16
`(8) If-- 17
(a) a police officer makes a requirement of a person under subsection 18
(2) on a suspicion of the person having committed an offence; 19
and 20
(b) the person is not proved to have committed the offence; 21
the person is not guilty of an offence against this section. 22
`(9) Proceedings for an offence against this section are to be taken 23
summarily under the Justices Act 1886. 24
that place is being used for prostitution 25
`Evidence
`229N.(1) The fact that a place is being used for the purposes of 26
prostitution may be inferred from evidence of the condition of the place, 27
material found at the place and other relevant factors and circumstances. 28
`(2) However, evidence of condoms and other material for safe sex 29
practices is not admissible against a defendant. 30
19
Prostitution Laws Amendment
of health service providers 1
`Non-compellability
`229O.(1) In this section-- 2
"health service" means a service genuinely provided to a person for the 3
benefit of human health, and includes services specified in Part 1 of 4
Schedule 1 to the Health Rights Commission Act 1991; 5
"health services provider" means-- 6
(a) a registered provider within the meaning of the Health Rights 7
Commission Act 1991; or 8
(b) another person who provides a health service; or 9
(c) an employee of a person mentioned in paragraph (a) or (b). 10
`(2) A health services provider is entitled to refuse to provide any 11
document or information, or answer any question, in relation to an 12
investigation of, or prosecution for, an offence against this Chapter on the 13
ground that it would disclose information gained in providing a health 14
service. 15
proceedings 16
`Summary
`229P.(1) A proceeding for an indictable offence against this Chapter 17
may be dealt with summarily. 18
`(2) The maximum penalty that may be imposed on a summary 19
proceeding for an indictable offence against this Chapter is imprisonment 20
for 2 years. 21
`(3) A proceeding for an indictable offence against this Chapter may be 22
dealt with summarily even though the proceeding was started more than 23
1 year after the offence was committed. 24
`(4) A proceeding for an indictable offence against this Chapter may be 25
dealt with summarily at any place appointed for holding Magistrates Courts 26
regardless of where the offence was committed. 27
`(5) The summary jurisdiction conferred by this section must be 28
exercised in the way, and subject to the conditions, prescribed by 29
section 444 in relation to the summary trial and punishment of offenders 30
who may be summarily convicted of indictable offences under that 31
section.'. 32
20
Prostitution Laws Amendment
mission of s.231 (Bawdy Houses) 1
O
Section 231-- 2
Clause11.
omit. 3
of s.235 (Acting as Keeper of Bawdy Houses, Gaming 4
Amendment
Houses, Betting Houses, and Lotteries) 5
Clause12.(1) Section 235 (heading)-- 6
omit `Bawdy Houses,'. 7
(2) Section 235-- 8
omit `the four last preceding sections', 9
insert `sections 232 to 234'. 10
PART 4--AMENDMENT OF VAGRANTS, GAMING, 11
AND OTHER OFFENCES ACT 1931 12
Act 13
Amended
The Gaming, Vagrants, and Other Offences Act 1931 is amended 14
Clause13.
as set out in this Part. 15
of s.1 (Short title and Parts of Act) 16
Replacement
Section 1-- 17
Clause14.
omit, insert-- 18
title 19
`Short
`1. This Act may be cited as the Vagrants, Gaming and Other Offences 20
Act 1931.'. 21
21
Prostitution Laws Amendment
of s.2 (Interpretation) 1
Amendment
Section 2 (definitions "Commissioner", "Court", 2
Clause15.(1)
"Firearm", "Habitual drunkard", "Justice", "Justices Act", 3
"Licensed Premises", "Local Authority", "Magistrates Courts Act", 4
"Minister", "Police officer", "Prescribed", "Regulations" and "This 5
Act")-- 6
omit. 7
(2) Section 2-- 8
insert-- 9
` "Commissioner" means the Commissioner of the Police Service; 10
"Court" means Magistrates Court; 11
"firearm" has the meaning given by section 1.6 of the Weapons Act 1990; 12
"Justices Act" means the Justices Act 1886; 13
"licensed premises" has the meaning given by section 4 of the Liquor Act 14
1992; 15
"Magistrates Courts Act" means the Magistrates Courts Act 1921; 16
"prostitution" has the meaning given in the Criminal Code;'. 17
(3) Section 2 (definition "Place")-- 18
omit `by the Governor in Council, by Order in Council,', 19
insert `, by regulation,'. 20
(4) Section 2 (definition "Public place", paragraph (b))-- 21
omit, insert-- 22
`(b) a place declared, by regulation, to be a public place;'. 23
of s.3 (Repeal. Schedule) 24
Omission
Section 3-- 25
Clause16.
omit. 26
22
Prostitution Laws Amendment
of s.5 (Prostitutes, etc.) 1
Omission
Section 5-- 2
Clause17.
omit. 3
of s.8 (Keepers of premises for purposes of prostitution, 4
Omission
etc.) 5
Section 8-- 6
Clause18.
omit. 7
of s.8A (Persons using massage rooms etc., for prostitution 8
Omission
or soliciting) 9
Section 8A-- 10
Clause19.
omit. 11
of s.8B (Warrant to enter premises) 12
Omission
Section 8B-- 13
Clause20.
omit. 14
of s.9 (Lodging-house keepers permitting prostitution) 15
Omission
Section 9-- 16
Clause21.
omit. 17
of s.10 (Return of inmates of suspected house) 18
Omission
Section 10-- 19
Clause22.
omit. 20
of s.11 21
Amendment
Clause23. Section 11(a)-- 22
omit. 23
23
Prostitution Laws Amendment
of new Part 2A 1
Insertion
Clause24. After section 18-- 2
insert-- 3
`PART 2A--OFFENCES RELATING TO 4
PROSTITUTION 5
soliciting for purposes of prostitution 6
`Public
`18A.(1) A person must not publicly solicit for the purposes of 7
prostitution. 8
Maximum penalty-- 9
(a) for a first offence--10 penalty units; or 10
(b) for a second offence--15 penalty units; or 11
(c) for a third or subsequent offence--20 penalty units, 6 months 12
imprisonment or both. 13
`(2) A person publicly solicits for the purpose of prostitution if, for that 14
purpose, the person-- 15
(a) solicits a person who is in a public place; or 16
(b) solicits a person at a place within the view or hearing of a person 17
who is in a public place; or 18
(c) loiters in or near a public place; or 19
(d) loiters in a place that is in view from a public place. 20
`(3) Subsection (1) applies equally to-- 21
(a) males and females; and 22
(b) prostitutes and their clients; and 23
(c) prostitutes and persons acting for prostitutes; and 24
(d) clients and persons acting for clients. 25
24
Prostitution Laws Amendment
prostitution 1
`Advertising
`18B.(1) A person must not knowingly advertise prostitution. 2
Maximum penalty--20 penalty units. 3
`(2) A person advertises prostitution if the person publishes an 4
advertisement that states, or is reasonably capable of implying, any of the 5
following matters-- 6
(a) that a person is available or seeking to engage in prostitution; 7
(b) that a person who is available or seeking to engage in prostitution 8
may be contacted-- 9
(i) at or through a place; or 10
(ii) through a person; or 11
(iii) by any other means; 12
(c) that prostitution is available-- 13
(i) at or through a place; or 14
(ii) through a person; or 15
(iii) by any other means; 16
(d) that a person is sought or seeking to be employed or otherwise 17
engaged for the purposes of prostitution. 18
`(3) A police officer may serve on a person who is-- 19
(a) the printer, publisher or proprietor of a newspaper or periodical; 20
or 21
(b) the licensee of a broadcasting or television station; or 22
(c) the exhibitor of a film; or 23
(d) the owner or occupier of premises or another place; 24
a written warning to the effect that a particular advertisement, or an 25
advertisement of a particular type, is an advertisement that is capable of 26
implying a matter mentioned in subsection (2). 27
`(4) In a prosecution against the person mentioned in subsection (2), or 28
another person aware of the warning, for an offence against subsection (1), 29
25
Prostitution Laws Amendment
evidence of the warning and its contents are admissible against the 1
defendant. 2
`(5) In this section-- 3
"advertisement" includes a notice, sign, circular and matter that is not in 4
writing, but which conveys a message because of the form or context 5
in which it appears; 6
"publish an advertisement" means publish in any way, and includes 7
publish-- 8
(a) in a newspaper or periodical; and 9
(b) by radio or television; and 10
(c) in a film or video recording; and 11
(d) by a notice, sign or circular. 12
connected with prostitution 13
`Nuisances
`18C.(1) This section applies to conduct-- 14
(a) that happens in the vicinity of a place that is reasonably suspected 15
of being used for the purposes of prostitution; and 16
(b) that, to a significant extent, is caused by the presence, or 17
suspected presence, of prostitution at the place. 18
`(2) A person must not-- 19
(a) cause unreasonable annoyance to another person; or 20
(b) cause unreasonable disruption to the privacy of another person. 21
Maximum penalty-- 22
(a) for a first or second offence--3 penalty units; or 23
(b) for a third or subsequent offence--5 penalty units.'. 24
of s.38 (Where offender may be arrested) 25
Amendment
Section 38-- 26
Clause25.
omit `5,'. 27
26
Prostitution Laws Amendment
of s.55 1
Amendment
Clause26. Section 55(iv) and (vi)-- 2
omit. 3
of s.58 (Regulations) 4
Replacement
Section 58-- 5
Clause27.
omit, insert-- 6
officer may require person to provide name and address etc. 7
`Police
`56.(1) This section applies if a police officer-- 8
(a) finds a person committing an offence against section 18A, 18B 9
or 18C; or 10
(b) finds a person who the officer has reasonable grounds for 11
suspecting has committed an offence against section 18A, 18B or 12
18C; or 13
(c) believes on reasonable grounds that the name and address, or age, 14
of a person is required for the purposes of the enforcement of 15
section 18A, 18B or 18C. 16
`(2) The police officer may-- 17
(a) require the person to state the person's name and address or age; 18
and 19
(b) if the officer believes on reasonable grounds that the name, 20
address or age given by the person is false--require evidence of 21
its correctness. 22
`(3) If the police officer makes a requirement under subsection (2), the 23
officer must warn the person-- 24
(a) that it is an offence against this Act-- 25
(i) to fail, without reasonable excuse, to comply with the 26
requirement; or 27
(ii) to give false information or evidence; and 28
(b) that the person may be arrested if the person fails to comply with 29
the requirement or gives false information or evidence. 30
27
Prostitution Laws Amendment
`(4) If the police officer is not in uniform, the police officer must, at the 1
person's request, give the person particulars of the officer's rank, surname 2
and station or establishment. 3
`(5) A person who is required under subsection (2) to state the person's 4
name and address or age must not-- 5
(a) without reasonable excuse, fail to comply with the requirement; 6
or 7
(b) state a false name, address or age. 8
Maximum penalty--5 penalty units. 9
`(6) A person who is required under subsection (2) to give evidence of 10
the correctness of the person's name, address or age must not-- 11
(a) without reasonable excuse, fail to give the evidence; or 12
(b) give false evidence. 13
Maximum penalty--5 penalty units. 14
`(7) A police officer may arrest a person if the police officer believes on 15
reasonable grounds-- 16
(a) that the person has contravened subsection (5) or (6); and 17
(b) that proceedings by way of complaint and summons against the 18
person would be ineffective. 19
`(8) If-- 20
(a) a police officer makes a requirement of a person under subsection 21
(2) on a suspicion of the person having committed an offence; 22
and 23
(b) the person is not proved to have committed the offence; 24
the person is not guilty of an offence against this section. 25
`(9) In this section-- 26
"address" means current place of residence. 27
power of arrest 28
`Additional
`57.(1) This section applies if a police officer-- 29
28
Prostitution Laws Amendment
(a) finds a person committing an offence against section 18A, 18B 1
or 18C; or 2
(b) finds a person who the officer has reasonable grounds for 3
suspecting has committed an offence against section 18A, 18B or 4
18C. 5
`(2) The police officer may arrest the person if the officer believes on 6
reasonable grounds that proceedings by way of complaint and summons 7
against the person would be ineffective. 8
9
`Regulations
`58.(1) The Governor in Council may make regulations for the purposes 10
of this Act. 11
`(2) A regulation may-- 12
(a) create offences and provide penalties for the offences of not more 13
than 1 penalty unit; and 14
(b) make provision with respect to the giving of a notice to an 15
offender in relation to an offence against section 18A or 18C 16
advising that a prescribed penalty may be paid for the offence 17
without involving court proceedings.'. 18
of Schedule 19
Omission
Schedule-- 20
Clause28.
omit. 21
22
© State of Queensland 1992
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