Victorian Numbered Acts

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SEX WORK DECRIMINALISATION ACT 2022 (NO. 7 OF 2022) - SECT 61

New sections 25A and 25B inserted

In Part 4 of the Business Licensing Authority Act 1998 , before section 26 insert

        " 25A     Transfer of Sex Work Regulation Fund

    (1)     Despite the repeal of section 66 of the Sex Work Act 1994 , on and from that repeal, the trust account called the Sex Work Regulation Fund kept in the Trust Fund under the Financial Management Act 1994 continues in existence and is to be administered by the Authority under this Act.

    (2)     Any outstanding money required to be paid into the Fund under the Sex Work Act 1994 as in force immediately before its repeal is to be paid into the Fund as continued under subsection (1).

    (3)     The following must be paid out of the Fund—

        (a)     any fees paid under the Sex Work Act 1994 as in force immediately before its repeal that, in accordance with section 25B, are required to be refunded because of the cessation of any licence under that Act as a result of its repeal; and

        (b)     the costs and expenses incurred in the administration of the Fund.

        25B     Authority may refund licence fees

    (1)     The Authority may refund to the holder of a licence under Part 3 of the Sex Work Act 1994 as in force immediately before its repeal any part of the annual licence fee paid under section 46A of that Act before that repeal that applies in relation to any period of the licence which is not utilized on and after that repeal due to the repeal of that Act.

    (2)     To avoid doubt, no refund other than that referred to in subsection (1) is available in relation to any financial or other loss arising because of the repeal of Part 3 of the Sex Work Act 1994 .

    (3)     A refund under this section is to be made in accordance with the regulations.".



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