Queensland Consolidated Acts

PROSTITUTION ACT 1999 - SECT 77A

77A Prostitute providing sexual intercourse or oral sex without a prophylactic

(1) A prostitute must not provide prostitution involving sexual intercourse or oral sex unless a prophylactic is used.

Penalty—

Maximum penalty—100 penalty units.

(2) A prostitute must not offer to provide prostitution involving sexual intercourse or oral sex without a prophylactic being used.

Penalty—

Maximum penalty—100 penalty units.

(3) A person must not—

(a) ask a prostitute to provide prostitution involving sexual intercourse or oral sex without a prophylactic being used; or

(b) accept an offer from a prostitute to provide prostitution involving sexual intercourse or oral sex without a prophylactic being used; or

(c) obtain prostitution involving sexual intercourse or oral sex unless a prophylactic is used.

Penalty—

Maximum penalty—100 penalty units.

(4) A person obtaining prostitution involving sexual intercourse or oral sex must not—

(a) interfere with the efficacy of a prophylactic used by the person; or

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

Penalty—

Maximum penalty—100 penalty units.

(5) A person who is a licensee or an approved manager of a licensed brothel must, for any period the licensed brothel is being used to provide prostitution, take reasonable steps to ensure that—

(a) a person does not provide or obtain prostitution involving sexual intercourse or oral sex at the licensed brothel unless a prophylactic is used; or

(b) a person does not offer to provide, or ask a prostitute to provide, prostitution involving sexual intercourse or oral sex at the licensed brothel without a prophylactic being used.

Penalty—

Maximum penalty—120 penalty units.

(6) A person who is a licensee or an approved manager of a licensed brothel must not discourage the use of prophylactics at the brothel.

Penalty—

Maximum penalty—120 penalty units.

(7) In this section—

"interfere with" includes the following—

(a) misuse;

(b) damage.

"oral sex" has the meaning given by the Criminal Code , section 229E (5) .

"prophylactic" means a condom or other device that is adequate to prevent the transmission of a sexually transmissible disease.

"sexual intercourse" has the meaning given by the Criminal Code , section 229D .