Victorian Current Acts Victorian Current ActsAfter section 38B of the Summary Offences Act 1966 insert —
(1) A person who carries on a business that provides commercial sexual services, or who assists in the management of that business, must not allow a child who is over 18 months of age to enter or remain on premises at which that business is carried on, unless those premises are primarily used as residential premises.
Penalty: 120 penalty units or imprisonment for 1 year.
(2) In a proceeding for an offence against subsection (1), it is not necessary for the prosecution to prove that the accused knew that the child was over 18 months of age.
(3) It is a defence to a charge under subsection (1) for the accused to prove that, at the time the offence is alleged to have been committed, the accused—
(a) had taken all reasonable steps to find out the age of the child; and
(b) believed on reasonable grounds that the child was a person who was 18 years of age or over or a child who was 18 months of age or under.
(1) If a police officer has reason to believe that a person in premises referred to in section 38C(1) appears to be under the age of 18 years, the officer may demand particulars of the person's age.
(2) If the police officer considers that any particulars supplied by a person in response to a demand under subsection (1) are false, the officer may require the person to give satisfactory evidence of the correctness of the particulars.
(3) A person must not, in response to a demand under subsection (1)—
(a) refuse or fail to give particulars of the person's age; or
(b) give any false particulars of the person's age; or
(c) supply any false evidence as to the person's age.
Penalty: 20 penalty units.".