Queensland Numbered Acts

CRIMINAL CODE (DECRIMINALISING SEX WORK) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SCHEDULE 1

SCHEDULE 1 – Other amendments

Child Employment Act 2006

1 Section 8B(2)—

omit, insert—

(2) In this section—

(a) means a person who, under an arrangement of a commercial character, is held out to the public for hire to—

(i) accompany another person to social affairs or to places of entertainment or amusement; or

(ii) consort with another person in any place, whether public or private; but

(b) does not include a person who provides the services mentioned in paragraph (a) as part of health services for the other person.

Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

1 Schedule 1, item 9(a), entries for sections 229G, 229H, 229I and 229L—

omit.

2 Schedule 1, item 9(a)—

insert—

• section 217A (Obtaining commercial sexual services from person who is not an adult)

• section 217B (Allowing person who is not an adult to take part in commercial sexual services)

• section 217C (Conduct relating to provision of commercial sexual services by person who is not an adult)

3 Schedule 1, item 9—

insert—

(ea) an offence against any of the following provisions the Criminal Code, as in force from time to time before being repealed by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 —

• section 229G (Procuring engagement in prostitution)

• section 229H (Knowingly participating in provision of prostitution)

• section 229I (Persons found in places reasonably suspected of being used for prostitution etc.)

• section 229L (Permitting young person etc. to be at place used for prostitution);

4 Schedule 1, item 9(ea) to (i)—

renumber as item 9(f) to (j).

Corrective Services Act 2006

1 Schedule 1, entry for Criminal Code, entry for section 229L—

omit.

2 Schedule 1, entry for Criminal Code—

insert—

section 217A (Obtaining commercial sexual services from person who is not an adult)

section 217B (Allowing person who is not an adult to take part in commercial sexual services)

section 217C (Conduct relating to provision of commercial sexual services by person who is not an adult)

3 Schedule 1—

insert—

Criminal Code provision repealed by Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024 section 229L (Permitting young person etc. to be at place used for prostitution)

Criminal Law (Rehabilitation of Offenders) Act 1986

1 Section 9A(1), table, items 11 and 12—

omit.

Criminal Proceeds Confiscation Act 2002

1 Schedule 1, section 3(1), ‘procuring another person to engage in prostitution’—

omit, insert—
inducing, by coercion, another person to provide commercial sexual services

2 Schedule 2, part 1, item 1(l)—

omit, insert—

(l) commercial sexual services under the Criminal Code , section 1;

Disability Services Act 2006

1 Schedule 4, entry for Criminal Code, entries for sections 229FA, 229G, 229H, 229HB, 229I and 229L—

omit.

2 Schedule 4, entry for Criminal Code—

insert—

3 Schedule 5, entry for Criminal Code—

insert—

4 Schedule 6, entry for Criminal Code—

insert—

5 Schedule 6, entry for Criminal Code, entries for sections 229G, 229H and 229L—

omit.

6 Schedule 7, entry for Criminal Code—

insert—

Industrial Relations Act 2016

1 Section 295(1), ‘lawful sexual activity’—

omit, insert—
sex work activity

Integrity Act 2009

1 Schedule 1, entry for Prostitution Act 1999—

omit.

Introduction Agents Act 2001

1 Section 17, ‘prostitution’—

omit, insert—
sex work

2 Section 21(d)—

omit.

3 Section 21(e)—

renumber as section 21 (d) .

4 Section 22(d)(iv)—

omit.

5 Section 22(d)(v)—

renumber as section 22 (d) (iv) .

6 Section 37, ‘prostitution’—

omit, insert—
sex work

7 Schedule 1, part 1, item 4—

omit.

8 Schedule 1, part 1, items 5 and 5A—

renumber as part 1 , items 4 and 5.

9 Schedule 2, definition disqualifying offence, paragraphs (b) and (c)—

omit.

10 Schedule 2, definition disqualifying offence, paragraph (f), ‘to (e)’—

omit, insert—
to (c)

11 Schedule 2, definition disqualifying offence, paragraphs (d) to (f)—

renumber as paragraphs (b) to (d).

12 Schedule 2, definition prostitution—

omit.

13 Schedule 2—

insert—

"sex work" —

(a) means the provision by a person of the following services for payment or reward—

(i) services involving the person participating in a sexual activity with another person;

(ii) services involving the use or display of the person’s body for the sexual arousal or gratification of another person; but

(b) does not include adult entertainment under the Liquor Act 1992 , section 4.

Judicial Review Act 1991

1 Schedule 2, section 5B—

omit.

Liquor Act 1992

1 Section 107E(1)(b)(ii) and (iii)—

omit, insert—

(ii) a prescribed offence;

2 Section 107E(1)(c)(ii) and (iii)—

omit, insert—

(ii) a prescribed offence;

3 Section 107E(1)(d)(ii) and (iii)—

omit, insert—

(ii) a prescribed offence;

4 Section 107F(2)(c), ‘, including inquiries to the Prostitution Licensing Authority,’—

omit.

5 Section 142ZO(3)(b), ‘, including inquiries to the Prostitution Licensing Authority,’—

omit.

6 Section 142ZQ(1)(b)(ii), ‘or the Prostitution Act 1999’—

omit.

Penalties and Sentences Act 1992

1 Schedule 1, entry for Criminal Code, after item 11—

insert—

11A section 217A (Obtaining commercial sexual services from person who is not an adult)

11B section 217B (Allowing person who is not an adult to take part in commercial sexual services)

11C section 217C (Conduct relating to provision of commercial sexual services by person who is not an adult)

2 Schedule 1, entry for Criminal Code, item 14A—

omit.

3 Schedule 1—

insert—

Criminal Code (Provision repealed by Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024)

1 section 229G(1) (Procuring engagement in prostitution), if section 229G(2) applies

4 Schedule 1C, entry for Criminal Code—

insert—

• section 217A (Obtaining commercial sexual services from person who is not an adult)

• section 217B (Allowing person who is not an adult to take part in commercial sexual services)

• section 217C (Conduct relating to provision of commercial sexual services by person who is not an adult)

5 Schedule 1C, entry for Criminal Code, entries for sections 229G, 229H, 229HB, 229K and 229L—

omit.

Police Powers and Responsibilities Act 2000

1 Section 19(2), note, ‘Prostitution Act 1999, section 59’—

omit, insert—
Disaster Management Act 2003 , section 111

2 Schedule 6, definitions licensed brothel, prostitution and solicit—

omit.

3 Schedule 6, definition identifying particulars offence, paragraph (b), third dot point—

omit.

4 Schedule 6, definition prescribed place, from ‘but, in relation to’—

omit.

5 Schedule 6, definition serious indictable offence, paragraph (i), ‘prostitution or’—

omit.

Public Health Act 2005

1 Section 88(3), definition serious offence—

omit, insert—

"serious offence" means an offence under the Criminal Code , section 317.

Public Sector Act 2022

1 Schedule 1, entry for Office of the Prostitution Licensing Authority—

omit.

Right to Information Act 2009

1 Insertion of new ch 7, pt 10

Chapter 7 —
insert—

Part 10 - Transitional provision for Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024

206S Documents received or created by Prostitution Licensing Authority for repealed Prostitution Act 1999 A document created or received before the commencement by the Prostitution Licensing Authority for the repealed Prostitution Act 1999 continues, on the commencement, to be a document to which this Act does not apply under section 11.

2 Schedule 1, section 7—

omit.

Transport Operations (Passenger Transport) Act 1994

1 Schedule 1A, part 1, division 1, after item 6—

insert—

6AA section 217A (Obtaining commercial sexual services from person who is not an adult)

6AB section 217B (Allowing person who is not an adult to take part in commercial sexual services)

6AC section 217C (Conduct relating to provision of commercial sexual services by person who is not an adult)

2 Schedule 1A, part 1, division 1, items 12 to 12D—

omit.

3 Schedule 1A, part 1—

insert—

Division 3C - Provisions of the Criminal Code repealed by the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Act 2024

1 section 229G (Procuring engagement in prostitution) only if an offender was or could have been liable as mentioned in section 229G(2)

2 section 229H (Knowingly participating in provision of prostitution) only if an offender was or could have been liable as mentioned in section 229H(2)

3 section 229I (Persons found in places reasonably suspected of being used for prostitution etc.) only if an offender was or could have been liable as mentioned in section 229I(2)

4 section 229L (Permitting young person etc. to be at place used for prostitution)

4 Schedule 1A, part 2, entry for Criminal Code, items 1 and 2—

omit.

Working with Children (Risk Management and Screening) Act 2000

1 Schedule 2, entry for Criminal Code—

insert—

2 Schedule 2, entry for Criminal Code, entries for sections 229G, 229H, 229I and 229L—

omit.

3 Schedule 3, entry for Criminal Code—

insert—

4 Schedule 4, entry for Criminal Code, entries for sections 229G, 229H, 229I and 229L—

omit.

5 Schedule 4, entry for Criminal Code—

insert—

6 Schedule 5, entry for Criminal Code—

insert—

7 Schedule 6, entry for Criminal Code—

insert—

8 Schedule 6, entry for Criminal Code, entries for sections 229G, 229H and 229L—

omit.

9 Schedule 6A, entry for Criminal Code—

insert—