Victorian Current Acts Victorian Current ActsS. 22(1) amended by Nos 48/1997 s. 70(8), 44/1999 s. 7(1)(2), 1/2010 ss 42(2)(Sch. item 38) (as amended by No. 63/2010 s. 27), 47.
(1) A person must not knowingly or recklessly carry on business as a sex work service provider—
(a) without holding a licence; or
S. 22(1)(b) amended by No. 47/1997 s. 5.
(b) in breach of any condition of a licence; or
S. 22(1)(c) inserted by No. 47/1997 s. 5.
(c) when a licence is suspended.
Penalty: Level 6 imprisonment (5 years maximum) or a level 5
fine (1200 penalty units maximum) or
both.
S. 22(1A) inserted by No. 44/1999 s. 8(1), amended by No. 1/2010 s. 42(2)(Sch. item 38) (as amended by No. 63/2010 s. 27).
(1A) A person must not carry on business as a sex work service provider—
(a) without holding a licence; or
(b) in breach of any condition of a licence; or
(c) when a licence is suspended.
Penalty: Level 7 fine (240 penalty units maximum).
S. 22(2) amended by No. 44/1999 s. 8(2).
(2) In a proceeding for an offence against subsection (1) or (1A) it is a defence to the charge for the accused to prove that he or she was exempted by section 23 from the requirement to hold a licence.
S. 22(2A) inserted by No. 44/1999 s. 8(3).
(2A) In a proceeding for an offence against subsection (1A) it is a defence to the charge for the accused to prove that, at the time of the conduct constituting the offence, the accused was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence against that subsection.
S. 22(3) amended by Nos 48/1997 s. 70(9), 44/1999 s. 7(3), 1/2010 s. 42(2)(Sch. item 38) (as amended by No. 63/2010 s. 27).
(3) A person must not assist in the carrying on of a sex work service providing business at a time when he or she knows that subsection (1) is being contravened or is reckless as to whether or not subsection (1) is being contravened.
Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.
(4) An offence against subsection (1) or (3) is an indictable offence.
S. 22(5) amended by Nos 44/1999 s. 8(4), 1/2010 s. 42(2)(Sch. item 38) (as amended by No. 63/2010 s. 27).
(5) In a proceeding for an offence against subsection (1), (1A) or (3) evidence of the presence on premises of materials commonly used in safe sexual practices is inadmissible for the purpose of establishing that a sex work service provider carried on business on those premises.