AustLII Tasmanian Consolidated Acts

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SEX INDUSTRY OFFENCES ACT 2005 - SECT 3

Interpretation

(1)  In this Act, unless the contrary intention appears –
child means a person under the age of 18 years;
commercial operator means –
(a) a person who is not a self-employed sex worker and who, whether alone or with another person, operates, owns, manages or is in day-to-day control of a sexual services business; and
(b) if the person referred to in paragraph (a) is a corporation or a body corporate, a director, within the meaning of the Corporations Act, of that corporation or body corporate;
commercial sexual services business means a sexual services business operated or managed by a commercial operator;
prophylactic means a condom or other device used to prevent the transmission of a sexually transmissible infection;
self-employed sex worker means –
(a) a sex worker who solely owns and operates a sexual services business; or
(b) a sex worker who, together with no more than one other sex worker, neither of whom employs or manages the other, owns and operates a sexual services business;
sex worker means a person who provides sexual services in a sexual services business;
sexual intercourse means sexual intercourse as defined in section 1 of the Criminal Code ;
sexual services means –
(a) an act of sexual intercourse; or
(b) any activity where there is any form of direct physical contact between 2 or more persons for the purpose of the sexual gratification of one or more of those persons including, without limitation, the masturbation of one person by another;
sexual services business means a business providing sexual services for fee or reward;
sexually transmissible infection means a disease specified as a sexually transmissible infection in Table 1 of the Guidelines for Notifiable Diseases, Human Pathogenic Organisms and Contaminants issued by the Director of Public Health under section 184 of the Public Health Act 1997 .
(2)  For the purpose of the definition of “commercial operator” in subsection (1) , a reference to a commercial operator is a reference to –
(a) a person who determines any one or more of the following:
(i) when or where a sex worker will work;
(ii) the conditions in which a sex worker will work;
(iii) the amount of money, or proportion of an amount of money, that a sex worker will receive as payment for sexual services; or
(b) a person who employs, supervises or is in day-to-day control of any person referred to in paragraph (a) .


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