Victorian Numbered Acts

SEX WORK AND OTHER ACTS AMENDMENT ACT 2011 (NO. 73 OF 2011) - SECT 9

After section 78 of the Sex Work Act 1994 insert —

        ' 78A     Entry to premises without planning permit—search warrant

    (1)     A member of the police force of or above the rank of senior sergeant may apply to a magistrate for the issue of a search warrant in relation to particular premises if the member believes on reasonable grounds that the premises are being used for the purposes of the operation of a brothel in contravention of section 126 of the Planning and Environment Act 1987 .

    (2)     If the magistrate to whom the application is made is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that the premises are being used for the operation of a brothel in contravention of section 126 of the Planning and Environment Act 1987 , the magistrate may issue a search warrant.

    (3)     Section 63(3), (4), (5) and (6) apply to an application for a search warrant under this section as if in section 63(3)—

        (a)     a reference to "or vehicle" (wherever occurring) were omitted; and

        (b)     a reference to " section 22(1) or (1A) or 24(1)" were a reference to "section 126 of the Planning and Environment Act 1987 ".

        78B     Entry to premises without planning permit—without search warrant

    (1)     If outside office hours the Chief Commissioner of Police believes on reasonable grounds that premises are being used for the purposes of the operation of a brothel in contravention of section 126 of the Planning and Environment Act 1987 and that relevant evidence is likely to be lost if entry to the premises is delayed until a search warrant is obtained, the Chief Commissioner may authorise entry to the premises in accordance with the procedure set out in subsection (2).

    (2)     The Chief Commissioner of Police must—

        (a)     in writing—

              (i)     set out the grounds for the belief—

    (A)     that the premises are being used for the purposes of the operation of a brothel in contravention of section 126 of the Planning and Environment Act 1987 ; and

    (B)     that relevant evidence is likely to be lost if entry to the premises is delayed until a search warrant is obtained; and

              (ii)     name or describe the premises; and

              (iii)     name the member or members of the police force being authorised to enter the premises; and

        (b)     without delay transmit a copy of the writing by facsimile machine to the office of the principal registrar of the Magistrates' Court and to the office of the Authority; and

        (c)     issue to the member or members of the police force named in the writing a copy of it signed by the Chief Commissioner.

    (3)     Section 64(3), (4), (5), (6), (7), (8), (9) and (10) apply to an entry authority under this section as if—

        (a)     a reference in section 64(3) to "the requirements of subsection (2)" were a reference to "the requirements of section 78B(2)"; and

        (b)     a reference in section 64(4)(a) to " section 22(1) or (1A) or 24(1)" were a reference to "section 126 of the Planning and Environment Act 1987 ".

        78C     Admissibility of evidence obtained under authority

s. 9

A court hearing a proceeding for an offence against section 126 of the Planning and Environment Act 1987 must rule as inadmissible as part of the prosecution case any evidence obtained under an entry authority if the court is satisfied that the requirements of section 78B and section 64(3), (4), (5), (6), (7), (8), (9) and (10), as applied by section 78B, were not complied with.'.