Victorian Numbered Acts

SEX WORK DECRIMINALISATION ACT 2022 (NO. 7 OF 2022) - SECT 28

After section 38 of the Summary Offences Act 1966 insert —

" Division 3A—Sex work

        38A     Definitions

In this Division—

"children's service" has the same meaning as in the Children's Services Act 1996 ;

"children's service premises" means a place at which a children's service operates;

"education and care service" has the same meaning as in the Education and Care Services National Law (Victoria);

"education and care services premises" means a place at which an education and care service (other than a family day care service) operates;

"family day care service" has the same meaning as in the Education and Care Services National Law (Victoria);

"Government school" has the same meaning as in the Education and Training Reform Act 2006 ;

"non-Government school" has the same meaning as in the Education and Training Reform Act 2006 ;

"school premises" means land on which a Government school or non-Government school is situated;

"sex work" has the same meaning as in the Sex Work Act 1994 .

        38B     Sex work at or near certain places

    (1)     During the period from 6 a.m. to 7 p.m., a person must not intentionally solicit or invite any person to engage in sex work in a public place that is at or near the following premises—

        (a)     school premises;

        (b)     education or care service premises;

        (c)     children's services premises.

Penalty:     For a first offence—10 penalty units or imprisonment for 1 month;

For a second offence—30 penalty units or imprisonment for 3 months;

For a subsequent offence—60 penalty units or imprisonment for 6 months.

    (2)     During the period from 6 a.m. to 7 p.m., a person must not intentionally loiter for the purposes of soliciting or inviting a person to engage in sex work in a public place that is at or near the following premises—

        (a)     school premises;

        (b)     education or care service premises;

        (c)     children's services premises.

Penalty:     For a first offence—10 penalty units or imprisonment for 1 month;

For a second offence—30 penalty units or imprisonment for 3 months;

For a subsequent offence—60 penalty units or imprisonment for 6 months.

    (3)     A person must not intentionally solicit or invite any person to engage in sex work in a public place that is at or near a place of worship—

        (a)     during the period from 6 a.m. to 7 p.m. other than on a day referred to in paragraph (b); or

        (b)     at any time on a prescribed day.

Penalty:     For a first offence—10 penalty units or imprisonment for 1 month;

For a second offence—30 penalty units or imprisonment for 3 months;

For a subsequent offence—60 penalty units or imprisonment for 6 months.

    (4)     A person must not intentionally loiter for the purposes of soliciting or inviting a person to engage in sex work in a public place that is at or near a place of worship—

        (a)     during the period from 6 a.m. to 7 p.m. other than on a day referred to in paragraph (b); or

        (b)     at any time on a prescribed day.

Penalty:     For a first offence—10 penalty units or imprisonment for 1 month;

For a second offence—30 penalty units or imprisonment for 3 months;

For a subsequent offence—60 penalty units or imprisonment for 6 months.".