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SEX WORK DECRIMINALISATION ACT 2022 (NO. 7 OF 2022) - SECT 65

Schedule 2 amended

    (1)         After item 2(bd) of Schedule 2 to the Confiscation Act 1997 insert

    "(be)     section 53I(1) (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child) where—

              (i)     only one offence is charged and the value of the payment received is $50 000 or more; or

              (ii)     more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the payments received is $75 000 or more;

        (bf)     section 53J(1) (agreement for provision of commercial sexual services by a child) where—

              (i)     only one offence is charged and the value of the agreed payment is $50 000 or more; or

              (ii)     more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the agreed payments is $75 000 or more;

        (bg)     section 53J(1) (agreement for provision of commercial sexual services by a child) where—

              (i)     only one offence is charged and the provision of commercial sexual services is in exchange for a quantity of a drug of dependence which is—

    (A)     in the case of a drug of dependence specified in Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981 , not less than the automatic forfeiture quantity specified in column 2B of Part 3 of that Schedule to that Act applicable to that drug; or

    (B)     in the case of any other drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 , not less than the commercial quantity applicable to that drug; or

              (ii)     more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the provision of commercial sexual services is in exchange for a combined quantity of drugs of dependence which is—

    (A)     in the case of a drug of dependence or drugs of dependence specified in Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981 , not less than the automatic forfeiture quantity specified in column 2B of Part 3 of that Schedule to that Act applicable to that drug or those drugs; or

    (B)     in the case of any other drug of dependence or drugs of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 , not less than the commercial quantity applicable to that drug or those drugs;".

    (2)     In item 2A of Schedule 2 to the Confiscation Act 1997 , after " 1994 " insert "despite its repeal by the Sex Work Decriminalisation Act 2022 ".

Division 6—Amendment of Criminal Organisations Control Act 2012



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