Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 229K

229K Having an interest in premises used for prostitution etc.

(1) In this section—

"interested person" , in relation to premises, means a person who—

(a) owns, leases, rents or otherwise has an interest in premises; or

(b) is entitled to occupy or use premises; or

(c) controls an entity that—

(i) owns, leases, rents or otherwise has an interest in premises; or

(ii) is entitled to occupy or use premises.

(2) A person who—

(a) is an interested person in relation to premises; and

(b) knowingly allows the premises to be used for the purposes of prostitution by 2 or more prostitutes;

commits a crime.

Penalty—

Maximum penalty—

(a) for a first offence—imprisonment for 3 years; or

(b) for a second offence—imprisonment for 5 years; or

(c) for a third or subsequent offence—imprisonment for 7 years.

(3) However, if a person who is not an adult or is a person with an impairment of the mind is, to the offender’s knowledge, in the premises at a time of the offence, the offender is liable to a maximum penalty of 14 years imprisonment.

(3A) Subsection (2) does not apply to an interested person in relation to a licensed brothel.

(3B) However, subsection (3A) does not apply if, to the interested person’s knowledge, a person who was not an adult or who was a person with an impairment of the mind was in the premises when the interested person was allowing the person to be using the premises for prostitution.

(4) A person allows premises to be used for the purposes of prostitution if the person—

(a) knowingly permits the premises to be used for the purposes of prostitution; or

(b) knowing that the premises are being used for the purposes of prostitution, fails to take every reasonable step to stop that use.

(5) A police officer may serve on a person who is an interested person in relation to premises a written warning to the effect that the premises are being used for the purposes of prostitution by 2 or more prostitutes.

(6) In a prosecution against the interested person mentioned in subsection (5) , or another person aware of the warning, for an offence against subsection (2) , evidence of the warning and its contents are admissible against the defendant.

(7) If a person who is an interested person in relation to premises—

(a) is served with a warning under subsection (5) in relation to the premises; or

(b) otherwise has reasonable grounds to suspect that the premises are being used for the purposes of prostitution by 2 or more prostitutes;

the person may, by writing served on an occupier or user of the premises, require the occupier or user to leave the premises not later than 7 days after the service of the notice and not return.

(8) A person who, without reasonable excuse, contravenes a requirement made of the person under subsection (7) commits a crime.

Example—

If the premises concerned were not used for the purposes of prostitution by 2 or more prostitutes, the person has a reasonable excuse for failing to comply with the requirement.

Penalty—

Maximum penalty—imprisonment for 7 years.

(9) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.

(10) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.