Victorian Numbered Acts

CONSUMER AFFAIRS LEGISLATION AMENDMENT ACT 2010 (NO. 1 OF 2010) - SECT 56

After section 53 of the Prostitution Control Act 1994 insert —

        " 53A     Application for permission to act as approved manager

    (1)     An approved manager who has his or her approval cancelled under section 53(1)(e) may apply to the Authority at any time for permission to manage a sex work service providing business.

    (2)     An application under this section must—

        (a)     be in the form approved by the Authority;

        (b)     contain the information required by the Authority;

        (c)     be accompanied by the documents required by the Authority;

        (d)     be accompanied by the prescribed fee (if any).

        53B     Permission from the Authority

    (1)     The Authority may give its permission if it is satisfied that it is not contrary to the public interest to do so.

    (2)     In determining whether to give its permission, the Authority may—

        (a)     conduct any inquiries it thinks fit;

        (b)     require the applicant to provide any further information relating to the application that the Authority considers necessary in the form required by the Authority;

        (c)     seek and use information and advice on the application from any person or body or other source as it thinks fit.

    (3)     The Authority may refuse to give its permission if the applicant refuses or fails to provide any information requested by the Authority under subsection (2)(b) within a reasonable time after the requirement is made.

        53C     Authority may impose conditions

    (1)     In giving its permission under section 53B, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest.

    (2)     The person given the permission, or the Director, may apply to the Authority for a variation or revocation of any conditions the Authority has imposed.

    (3)     A person given permission must comply with any conditions imposed in respect of that permission.

Penalty:     25 penalty units.

    (4)     If the Authority is satisfied that any condition imposed in respect of a permission has been contravened or not complied with, it may revoke the permission.

    (5)     Before taking any action under this section, the Authority may seek and use information and advice from any person or body or other source as it thinks fit.".