Tasmanian Consolidated Acts

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SEX INDUSTRY OFFENCES ACT 2005 - SECT 16

Premises not to be used for commercial sexual services businesses
(1)  If the Commissioner of Police reasonably believes that a person is operating or managing a commercial sexual services business in or from premises, the Commissioner of Police may serve an order on any one or more of the following persons requiring the person to cease operating or managing the commercial sexual services business:
(a) the owner of those premises;
(b) a person who the Commissioner of Police reasonably believes leases or otherwise occupies the premises.
(2)  If the owner of premises served with an order under subsection (1)(a) leases the premises referred to in the order to a third party or allows a third party to occupy the premises, he or she must immediately –
(a) serve the order on the third party; and
(b) inform the Commissioner of Police of the name and address of the third party.
Penalty:  Fine not exceeding 100 penalty units.
(3)  If a person served with an order under subsection (1)(b) is not the occupier of the premises referred to in the order, he or she must immediately notify the Commissioner of Police of that fact.
(4)  The service of an order under subsection (1) or (2) allows either party to a lease agreement to terminate the lease agreement without being in breach of that agreement.
(5)  If, 7 days after the service of an order under subsection (1) , the Commissioner of Police reasonably believes that a commercial sexual services business is still operating in or from the premises referred to in the order, he or she may –
(a) issue a notice forbidding entry to the premises, without the permission of the Commissioner of Police; and
(b) cause a copy of the notice referred to in paragraph (a) to be affixed to those premises; and
(c) publish a copy of that notice in the public notices section of a daily newspaper circulating in the area where the premises are located.
(6)  A person must comply with a notice affixed to premises under subsection (5) .
Penalty:  Fine not exceeding 500 penalty units.
(7)  It is a defence to a charge under subsection (6) for a person to establish that the premises are the person's usual residential premises.
(8)  A person must not remove or tamper with a notice referred to in subsection (5) .
Penalty:  Fine not exceeding 500 penalty units.
(9)  If the Commissioner of Police is satisfied that a commercial sexual services business is not, or is no longer, operating in or from premises in respect of which a notice has been issued under subsection (5)(a) , he or she must revoke the issue of the notice.
(10)  If the Commissioner of Police revokes the issue of a notice under subsection (9) , he or she may –
(a) cause the notice to be removed from those premises; and
(b) publish a revocation of the notice in the public notices section of a daily newspaper circulating in the area where the premises are located.



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