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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Prostitution Bill 1999 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Definitions 2 4. Prostitution 3 Part 2 -- General provisions about prostitution Division 1 -- Persons generally 5. Seeking prostitute in public place 4 6. Seeking client in public place 5 7. Seeking to induce person to act as prostitute 6 8. Allowing person with sexually transmissible infection to act as prostitute 6 9. Persons with certain health conditions not to use prostitutes 7 10. Promoting employment in prostitution industry 7 11. Prohibition of certain sponsorships 8 12. Hindering performance of functions 8 13. Contravening direction by police to move on 9 14. Failure to comply with certain police requirements 9 Division 2 -- Prostitutes 15. Section 15 offence 10 16. Acting as a prostitute for a child 10 17. Persons with certain health conditions acting as prostitutes 10 page i 87--2 Prostitution Bill 1999 Contents Part 3 -- Other provisions about children 18. Causing, permitting, or seeking to induce child to act as prostitute 12 19. Obtaining payment for prostitution by a child 12 20. Agreement for prostitution by a child 12 21. Child not to seek services of prostitute 13 22. Prostitution at place where child present 13 23. Allowing child to be at place involving prostitution 14 Part 4 -- Provisions for police 24. Interpretation 15 25. Powers to obtain information 15 26. Police may direct person to move on 17 27. Detention, search and seizure without warrant 17 28. Entry of, and seizure at, place of business without warrant 18 29. Search and seizure with warrant 18 30. Warrant may be obtained remotely 19 31. Provisions about searching a person 20 32. Retaining something seized but not forfeited 22 33. Forfeiture and delivery on conviction 22 34. Forfeiture and delivery other than on conviction 23 35. Disposal of thing forfeited 25 36. Embargo notices 25 37. Undercover officers 26 38. Commissioner may delegate a function 27 Part 5 -- Restraining orders 39. Restraining order to prevent further offence 28 40. Restraining order against person who could be required to move on 28 41. Provisions about making the order 28 42. Terms of restraining order 29 43. Duration of restraining order 30 44. Variation or cancellation 30 45. Court to notify parties of decision 32 46. When cancellation takes effect 32 47. Provisions about children 32 48. Breach of a restraining order 34 page ii Prostitution Bill 1999 Contents 49. Appeals 34 50. Order not to conflict with family order 35 Part 6 -- Evidence 51. Accused presumed to know if person is a child 36 52. Person residing with child prostitute presumed to receive payment 36 53. Accused presumed to have allowed presence of child 36 54. Intention presumed in some cases 36 55. Presumption of knowledge of sexually transmissible infection 37 56. Certificate that undercover officer was authorized 37 57. Averment that prostitution business carried on 38 Part 7 -- Miscellaneous 58. Legal proceedings 39 59. Protection of certain persons 39 60. Exchange of information between State authorities 39 61. Confidentiality 41 62. Liability of managerial officer for offence by body corporate 42 63. Summary trial of crimes 42 64. Regulations 43 65. Regulations relating to restraining order applications 44 66. Consequential amendments 44 Schedule 1 -- Offence history that may be an element of a section 15 offence Schedule 2 -- Consequential amendments to other Acts 1. Evidence Act 1906 46 2. Police Act 1892 47 3. The Criminal Code 47 4. Young Offenders Act 1994 48 Defined Terms page iii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Prostitution Bill 1999 A Bill for An Act to make provisions about prostitution and for related purposes, and to amend certain other Acts. The Parliament of Western Australia enacts as follows: page 1 Prostitution Bill 1999 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Prostitution Act 1999. 2. Commencement 5 This Act comes into operation on a day fixed by proclamation. 3. Definitions In this Act, unless the contrary intention appears -- "act as a prostitute" means to take part, as a prostitute, in an act of prostitution; 10 "act of prostitution" means anything the doing of which amounts to prostitution; "child" means a person whose age is less than 18 years; "client" has the meaning given to that term in section 4; "Commissioner of Police" means the person holding or acting 15 in the office of Commissioner of Police under the Police Act 1892; "document" includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; 20 "place" means anywhere at all, and includes anywhere in or on something that is moving or can move; "prohibited drug" has the meaning given to that term by section 3 of the Misuse of Drugs Act 1981; "prostitute" has the meaning given to that term in section 4; 25 "prostitution" has the meaning given by section 4; "public place" means -- (a) any place to which the public, or any section of the public, have or are permitted to have access whether on payment or otherwise; page 2 Prostitution Bill 1999 Preliminary Part 1 s. 4 (b) a school, university or other place of education, other than a part of it to which neither students nor the public usually have access; or (c) a privately owned place -- 5 (i) that is not occupied by, or with the authority of, the owner; or (ii) to which the public has access with the express or implied approval of the owner, occupier or person who has the control or 10 management of the place; "sexually transmissible infection" means -- (a) a sexually transmissible life threatening infection; or (b) any other infection that is prescribed by regulations to be a sexually transmissible infection for the purposes 15 of this Act; "sexually transmissible life threatening infection" means an infection that is prescribed by regulations to be a sexually transmissible life threatening infection for the purposes of this Act. 20 4. Prostitution When this Act refers to prostitution it means prostitution in which payment is consideration for the sexual stimulation of a person ("the client") by means of physical contact between the client and another person ("the prostitute"), or between either 25 of them and anything controlled by or emanating from the other, and it is irrelevant whether payment is in money or any other form. page 3 Prostitution Bill 1999 Part 2 General provisions about prostitution Division 1 Persons generally s. 5 Part 2 -- General provisions about prostitution Division 1 -- Persons generally 5. Seeking prostitute in public place (1) A person who, in a public place, seeks another person to act as a 5 prostitute commits an offence under this subsection. (2) The offence under subsection (1) is a crime if the person whom the offender seeks to act as a prostitute, or any of them if there are more than one, is a child. (3) A person who commits an offence under subsection (1) is 10 liable -- (a) if it is a simple offence, to imprisonment for 2 years; (b) if it is a crime, to imprisonment for 7 years. (4) For the purposes of subsection (1), a person (in this section called "the offender") seeks another person to act as a 15 prostitute if the offender -- (a) invites or requests another person to act as a prostitute; or (b) loiters in or frequents a place for the purpose of, or with the intention of -- 20 (i) inviting or requesting another person to act as a prostitute; or (ii) receiving an invitation for another person to act as a prostitute. (5) It makes no difference -- 25 (a) whether or not the offender is the prospective client; (b) whether or not a particular person is sought to act as a prostitute; or page 4 Prostitution Bill 1999 General provisions about prostitution Part 2 Persons generally Division 1 s. 6 (c) whether the offender makes or intends to make the invitation or request directly or through someone else to, or intends to receive the invitation directly or through someone else from, the person whom the offender seeks 5 to act as a prostitute. 6. Seeking client in public place (1) A person who, in a public place, seeks another person to be a prostitute's client commits an offence under this subsection. (2) A person who commits an offence under subsection (1) is 10 liable -- (a) if the person whom the offender seeks to be a prostitute's client, or any of them if there are more than one, is a child, to imprisonment for 3 years; (b) in any other case, to imprisonment for one year. 15 (3) For the purposes of subsection (1), a person (in this section called "the offender") seeks another person to be a prostitute's client if the offender -- (a) invites or requests another person to be a prostitute's client; or 20 (b) loiters in or frequents a place for the purpose of, or with the intention of -- (i) inviting or requesting another person to be a prostitute's client; or (ii) receiving an invitation for another person to be a 25 prostitute's client. (4) It makes no difference -- (a) whether or not the offender, or any particular person, is the prospective prostitute; page 5 Prostitution Bill 1999 Part 2 General provisions about prostitution Division 1 Persons generally s. 7 (b) whether or not a particular person is sought to be a client; or (c) whether the offender makes or intends to make the invitation or request directly or through someone else to, 5 or intends to receive the invitation directly or through someone else from, the person whom the offender seeks to be a prostitute's client. 7. Seeking to induce person to act as prostitute (1) A person is not to -- 10 (a) assault or threaten to assault anyone; (b) intimidate anyone; (c) supply or offer to supply a prohibited drug to anyone; (d) make a false representation or use any false pretence or other fraudulent means; or 15 (e) do anything else, or refrain from doing anything, with the intention of inducing another person who is not a child to act, or continue to act, as a prostitute. (2) An offence under subsection (1) is a crime. Penalty: Imprisonment for 10 years. 20 Summary conviction penalty: Imprisonment for 3 years. 8. Allowing person with sexually transmissible infection to act as prostitute (1) A person carrying on a business involving the provision of prostitution commits an offence under this section if the 25 person -- (a) allows anyone (in this section called "the prostitute") to act as a prostitute for the business; and page 6 Prostitution Bill 1999 General provisions about prostitution Part 2 Persons generally Division 1 s. 9 (b) knows, or could reasonably be expected to know, that the prostitute has a sexually transmissible infection. (2) An offence under this section is a crime if the prostitute's sexually transmissible infection was a sexually transmissible life 5 threatening infection. (3) A person who commits an offence under this section is liable -- (a) if it is a simple offence, to imprisonment for 3 years; (b) if it is a crime, to imprisonment for 14 years. 9. Persons with certain health conditions not to use prostitutes 10 (1) A person who knows, or could reasonably be expected to know, that he or she has a sexually transmissible life threatening infection commits a crime if he or she invites or allows another person to act as a prostitute for him or her. Penalty: Imprisonment for 20 years. 15 (2) A person who knows, or could reasonably be expected to know, that he or she has a sexually transmissible infection that is not a sexually transmissible life threatening infection commits a crime if he or she invites or allows another person to act as a prostitute for him or her. 20 Penalty: Imprisonment for 5 years. Summary conviction penalty: Imprisonment for 2 years. 10. Promoting employment in prostitution industry A person is not to publish or cause to be published a statement that is intended or likely to induce a person to -- 25 (a) seek employment as, or act as, a prostitute; or (b) seek employment in any other capacity in any business involving prostitution. Penalty: $50 000. page 7 Prostitution Bill 1999 Part 2 General provisions about prostitution Division 1 Persons generally s. 11 11. Prohibition of certain sponsorships (1) A person is not, in Western Australia, to promote or publicize, or agree to promote or publicize -- (a) any person as a prostitute; or 5 (b) any business involving prostitution, under a contract, or an arrangement (whether or not legally binding), under which a sponsorship is provided, or to be provided, by another person. (2) A person (whether inside or outside Western Australia) is not to 10 provide, or agree to provide, in Western Australia a sponsorship under a contract or arrangement of a kind referred to in subsection (1). (3) In this section -- "sponsorship" includes -- 15 (a) a scholarship, prize, gift or other like benefit; and (b) any financial arrangement (other than a bona fide contract of employment or a bona fide contract for services) for directly promoting or publicizing a person or business as referred to in subsection (1)(a) 20 or (b) through any medium. Penalty: $50 000. 12. Hindering performance of functions A person is not to delay, obstruct or otherwise hinder a police officer or any other person in the performance of any function 25 under this Act. Penalty: Imprisonment for 2 years. page 8 Prostitution Bill 1999 General provisions about prostitution Part 2 Persons generally Division 1 s. 13 13. Contravening direction by police to move on A person is not to, without lawful excuse, contravene a direction given under section 26. Penalty: For a first offence, imprisonment for 6 months, and for 5 a subsequent offence, imprisonment for one year. 14. Failure to comply with certain police requirements (1) A person is not to, without lawful excuse, refuse or fail to produce a document or other thing as required under section 25. (2) A person is not to, without lawful excuse, refuse or fail to 10 answer a question or otherwise give information when required to do so under section 25. (3) An individual is not excused from complying with a requirement under section 25 to answer a question or otherwise give information or produce anything on the ground that the answer 15 to the question, the giving of the information, or the production of the thing might incriminate the individual or render the individual liable to a penalty, but neither -- (a) an answer given by the individual that was given to comply with the requirement; 20 (b) the fact that any information that was given by the individual to comply with the requirement was given; nor (c) the fact that anything that was produced by the individual to comply with the requirement was 25 produced, is admissible in evidence in any civil or criminal proceedings against the individual other than proceedings for perjury or for an offence arising from the false or misleading nature of the answer or information given. page 9 Prostitution Bill 1999 Part 2 General provisions about prostitution Division 2 Prostitutes s. 15 (4) Nothing in this Act prevents a person from refusing to answer a question or otherwise give information or produce a document or other thing because the answer or information would relate to, or the document or thing contains, information in respect of 5 which the person claims legal professional privilege. Penalty: Imprisonment for 2 years. Division 2 -- Prostitutes 15. Section 15 offence A person who acts as a prostitute commits an offence under this 10 section if -- (a) the person is a child; (b) the person has been declared under section 32A of the Misuse of Drugs Act 1981 to be a drug trafficker; or (c) the person has been found guilty of an offence described 15 in Schedule 1. Penalty: Imprisonment for 2 years. 16. Acting as a prostitute for a child A person who acts as a prostitute for a client who is a child commits an offence under this section. 20 Penalty: Imprisonment for 6 months. 17. Persons with certain health conditions acting as prostitutes (1) A person who knows, or could reasonably be expected to know, that he or she has a sexually transmissible life threatening infection commits an offence under this subsection that is a 25 crime if he or she acts or offers to act as a prostitute. Penalty: Imprisonment for 20 years. page 10 Prostitution Bill 1999 General provisions about prostitution Part 2 Prostitutes Division 2 s. 17 (2) A person who knows, or could reasonably be expected to know, that he or she has a sexually transmissible infection that is not a sexually transmissible life threatening infection commits an offence under this subsection that is a crime if he or she acts or 5 offers to act as a prostitute. Penalty: Imprisonment for 5 years. Summary conviction penalty: Imprisonment for 2 years. page 11 Prostitution Bill 1999 Part 3 Other provisions about children s. 18 Part 3 -- Other provisions about children 18. Causing, permitting, or seeking to induce child to act as prostitute (1) A person is not to cause or permit a child to act, or continue to 5 act, as a prostitute. (2) A person is not to do anything with the intention of inducing a child to act, or continue to act, as a prostitute. (3) An offence under subsection (1) or (2) is a crime. Penalty: Imprisonment for 14 years. 10 19. Obtaining payment for prostitution by a child (1) A person is not to receive a payment, in money or any other form, knowing that it or any part of it has been derived, directly or indirectly, from a child taking part in an act of prostitution, whether as a prostitute or as a client. 15 Penalty: Imprisonment for 14 years. (2) An offence under subsection (1) is a crime. (3) A person has a defence to a charge of an offence under subsection (1) if it is proved that the payment was received in the ordinary course of a business unrelated to prostitution. 20 20. Agreement for prostitution by a child (1) A person is not to enter into, or offer to enter into, an agreement under which a child is to act as a prostitute, whether for that person or anyone else. Penalty: Imprisonment for 14 years. 25 (2) An offence under subsection (1) is a crime. page 12 Prostitution Bill 1999 Other provisions about children Part 3 s. 21 21. Child not to seek services of prostitute (1) A child is not to seek another person to act as a prostitute. Penalty: Imprisonment for 6 months. (2) For the purposes of subsection (1), a child seeks another person 5 to act as a prostitute if the child -- (a) invites or requests another person to act as a prostitute; or (b) loiters in or frequents a place for the purpose of, or with the intention of -- 10 (i) inviting or requesting another person to act as a prostitute; or (ii) receiving an invitation for another person to act as a prostitute. (3) It makes no difference -- 15 (a) whether or not the child is the prospective client; (b) whether or not a particular person is sought to act as a prostitute; or (c) whether the child makes or intends to make the invitation or request directly or through someone else to, 20 or intends to receive the invitation directly or through someone else from, the person whom the child seeks to act as a prostitute. 22. Prostitution at place where child present (1) A person who takes part, whether as a prostitute or as a client, in 25 an act of prostitution at a place where the person knows that a child is present commits an offence under this section. Penalty: (a) for a first offence -- $25 000; page 13 Prostitution Bill 1999 Part 3 Other provisions about children s. 23 (b) for any subsequent offence -- imprisonment for 2 years; (2) For the purposes of subsection (1), the place extends as far as the limits up to which either a prostitute or a client taking part in 5 the act of prostitution exercises, or is able to exercise, control over who is allowed to be there. (3) It makes no difference whether control is, or is able to be, exercised solely or in common with others. 23. Allowing child to be at place involving prostitution 10 A person who allows a child to enter or remain at a place at which the person knows or could be reasonably expected to know -- (a) an act of prostitution is taking place; or (b) a business involving the provision of prostitution is 15 being carried on, commits an offence under this section. Penalty: (a) for a first offence -- $25 000; (b) for any subsequent offence -- imprisonment for 20 2 years. page 14 Prostitution Bill 1999 Provisions for police Part 4 s. 24 Part 4 -- Provisions for police 24. Interpretation (1) In this Part -- "Commissioner" means the Commissioner of Police; 5 "conveyance" means anything used or capable of being used to transport people or goods by air, land, or water, and it does not matter how it is propelled or that it may ordinarily be stationary; "juvenile justice team" means a juvenile justice team under 10 Part 5 Division 2 of the Young Offenders Act 1994; "offence" means an offence under this Act. (2) For the purposes of this Part a person is lawfully entitled to possess something if -- (a) the person owns it or is authorized by the owner to 15 possess it; and (b) the possession is not prohibited by law or is authorized, justified or excused by law. 25. Powers to obtain information (1) A police officer may, for the purpose of performing any 20 function under this Act or any other function in respect of an offence -- (a) require a person to produce to the police officer any document or other thing that is in the possession or under the control of the person; 25 (b) inspect any document or other thing produced to the police officer and retain it for such reasonable period as the police officer thinks fit, and make copies of a document or any of its contents; and page 15 Prostitution Bill 1999 Part 4 Provisions for police s. 25 (c) require a person -- (i) to give the police officer such information as the police officer requires; and (ii) to answer any question put to that person. 5 (2) A requirement made under subsection (1) -- (a) is to be made in writing given to the person required to produce the document or other thing; (b) is to specify the time at or within which the document or other thing is to be produced; 10 (c) may, by its terms, require that the document or other thing required be produced at a place and by means specified in the requirement; and (d) where the document required is not in a readable format, is to be treated as a requirement to produce -- 15 (i) the document itself; and (ii) the contents of the document in a readable format. (3) A requirement made under subsection (1) -- (a) may be made orally or in writing served on the person 20 required to give information or answer a question, as the case may be; (b) is to specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and 25 (c) may, by its terms, require that the information or answer required -- (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; page 16 Prostitution Bill 1999 Provisions for police Part 4 s. 26 (iii) in the case of written information or answers, be sent or delivered by means specified in the requirement; (iv) be verified by statutory declaration. 5 (4) If under subsection (1) the police officer requires a person to give information or answer a question, the police officer is to inform the person that the person is required under this Act to give the information or answer the question. 26. Police may direct person to move on 10 A police officer who has reason to suspect that a person has committed, or intends to commit, an offence in a public place may, in writing in a form approved by the Commissioner, direct the person to move away from that place and a surrounding area specified in the direction, and stay away from it for a period of 15 not more than 24 hours specified in the direction. 27. Detention, search and seizure without warrant (1) A police officer may without a warrant stop, detain and search anyone whom the police officer suspects on reasonable grounds to be -- 20 (a) committing an offence; or (b) carrying anything that will afford evidence as to the commission of an offence. (2) A police officer may without a warrant stop, detain and search any conveyance where the police officer suspects on reasonable 25 grounds that there is -- (a) anyone who is committing an offence; or (b) anything that will afford evidence as to the commission of an offence. page 17 Prostitution Bill 1999 Part 4 Provisions for police s. 28 (3) The power to stop and detain a conveyance includes the power to detain anyone in or on the conveyance for as long as is reasonably necessary to search the conveyance even though, until the conveyance has been searched, the person may not be 5 suspected of anything because of which the person can be detained under subsection (1). (4) A police officer may without a warrant seize anything that the police officer suspects on reasonable grounds will afford evidence as to the commission of an offence. 10 28. Entry of, and seizure at, place of business without warrant (1) A police officer may, without a warrant, at any time, enter any place at or from which a business involving the provision of prostitution is being, or is suspected of being, carried on and inspect any articles and records kept there. 15 (2) A police officer who has entered a place under subsection (1) may -- (a) search the place; (b) stop, detain and search anyone at the place; and (c) seize anything that the police officer suspects on 20 reasonable grounds will afford evidence as to the commission of an offence. (3) A police officer may use any force that is reasonably necessary in exercising powers given by subsections (1) and (2). 29. Search and seizure with warrant 25 (1) If a justice is satisfied that there are reasonable grounds for suspecting that there is in a place anything that will afford evidence as to the commission of an offence, the justice may grant a warrant of search and seizure in relation to that place. page 18 Prostitution Bill 1999 Provisions for police Part 4 s. 30 (2) A warrant under subsection (1) authorizes any police officer at any time, with such assistance as the police officer thinks necessary and with such force as is reasonably necessary -- (a) to enter the place at any time; 5 (b) to search the place; (c) to stop, detain and search anyone at the place; and (d) to seize anything that the police officer suspects on reasonable grounds will afford evidence as to the commission of an offence. 10 (3) The authority given by a warrant lapses at the end of a period of 30 days after it was granted and, until it lapses or the purpose for which it was given is satisfied, the authority it gives may be exercised from time to time unless the warrant expressly limits that authority. 15 30. Warrant may be obtained remotely (1) An application for a warrant under section 29 may be initially submitted by telephone, fax, radio or another form of communication if the applicant considers it necessary because of urgent circumstances or the applicant's remote location. 20 (2) Before submitting an application under this section, the applicant is to prepare a written application setting out the grounds for seeking the warrant and describing the place to which the warrant relates. (3) If an application is submitted under this section, the information 25 in the written application required by subsection (2) is to be verified by affidavit and, if it is necessary to do so, the application may be submitted before the affidavit has been sworn. page 19 Prostitution Bill 1999 Part 4 Provisions for police s. 31 (4) When issuing a warrant upon an application submitted under this section, the justice is to -- (a) complete and sign the warrant; (b) inform the applicant of the terms of the warrant and the 5 date on which and the time at which it was signed; (c) record on the warrant the reasons for issuing the warrant; and (d) send a copy of the warrant to the applicant. (5) If a warrant is issued upon an application submitted under this 10 section, the applicant may complete a form of warrant in the terms indicated by the justice under subsection (4)(b) if the applicant writes on it the name of the justice who issued the warrant and the date on which, and the time at which, it was signed. 15 (6) If the applicant completes a form of warrant in accordance with subsection (5), the applicant is to send to the justice who signed the warrant, not later than the day next following the day on which the warrant ceases to have effect, the form of warrant completed by the person and the affidavit sworn in connection 20 with the warrant. (7) On receiving the documents referred to in subsection (6), the justice is to attach them to the warrant signed by the justice and deal with the documents in the manner in which the justice would have dealt with the affidavit if the application for the 25 warrant had not been submitted under this section. (8) A form of warrant completed in accordance with subsection (5) is to be regarded as the warrant itself. 31. Provisions about searching a person (1) A police officer cannot carry out a search of a person under this 30 Part unless of the same sex as the person searched. page 20 Prostitution Bill 1999 Provisions for police Part 4 s. 31 (2) If a police officer of the same sex as the person to be searched is not immediately available to carry out the search, another police officer may -- (a) cause the search to be carried out, under the direction of 5 a police officer, by another person of the same sex as the person to be searched; (b) detain the person for as long as is reasonably necessary for the person to be searched in accordance with this section; or 10 (c) convey or conduct the person to a place where the person can be searched in accordance with this section. (3) Nothing in this Part authorizes a search by way of an examination of the body cavities of a person unless it is carried out under subsection (5) by a medical practitioner or a 15 registered nurse. (4) A police officer may arrange for a medical practitioner or registered nurse nominated by the police officer to examine the body cavities of the person to be searched and may -- (a) detain the person until the arrival of that medical 20 practitioner or registered nurse; or (b) convey or conduct the person to that medical practitioner or registered nurse. (5) A medical practitioner or registered nurse may carry out an examination arranged by a police officer under subsection (4) 25 and no action lies against the medical practitioner or registered nurse in respect of anything reasonably done for the purposes of the examination. (6) A police officer may use any force that is reasonably necessary, and may call on any assistance necessary, in order to perform a 30 function under this section. page 21 Prostitution Bill 1999 Part 4 Provisions for police s. 32 (7) In this section -- "medical practitioner" means an individual who is registered as a medical practitioner under the Medical Act 1894; "registered nurse" means a person registered under Part 3 of 5 the Nurses Act 1992. 32. Retaining something seized but not forfeited (1) This section applies to anything seized under this Act that -- (a) is not forfeited to the Crown; and (b) a court has not ordered to be delivered to a person under 10 section 33(1)(b) or 34(6). (2) A police officer may retain anything to which this section applies if -- (a) it is required -- (i) for the investigation of an offence or the 15 prosecution of someone for an offence; or (ii) for the purposes of a matter that is being dealt with by a juvenile justice team; or (b) no person has satisfied the Commissioner that the person 20 is lawfully entitled to possess it. (3) Anything to which this section applies that cannot be retained under subsection (2) is to be returned to the person from whom it was seized. 33. Forfeiture and delivery on conviction 25 (1) A court convicting a person of an offence may order that -- (a) anything relating to the offence, whether or not it has been seized and retained by a police officer under this Act, is forfeited to the Crown; page 22 Prostitution Bill 1999 Provisions for police Part 4 s. 34 (b) anything relating to the offence that has been seized and retained by a police officer under this Act be delivered to another person who is lawfully entitled to possess it. (2) A person claiming to be lawfully entitled to possess anything in 5 respect of which an order may be made under subsection (1)(b) may, in connection with the making of an order -- (a) be heard in the proceedings for the offence; (b) make an application under section 136A of the Justices Act 1902 as if the person were a party to the proceedings 10 for the offence; and (c) be an aggrieved person for the purposes of section 185 of the Justices Act 1902. 34. Forfeiture and delivery other than on conviction (1) A person claiming to be lawfully entitled to possess anything 15 seized and retained under this Act may, if the application is not prevented by subsection (2) and the last day for applying has not passed, apply to a court of petty sessions for an order that the thing be delivered to the person. (2) An application cannot be made under subsection (1) for an order 20 for the delivery of anything if -- (a) an order has been made under section 33(1) for its forfeiture or delivery; (b) a relevant juvenile justice team matter that has commenced has not been finally disposed of by the team; 25 or (c) a relevant charge that has been laid has not been withdrawn or heard and determined. page 23 Prostitution Bill 1999 Part 4 Provisions for police s. 34 (3) In subsection (2) -- "relevant charge" means a charge of an offence to which the thing that was seized relates; "relevant juvenile justice team matter" means a matter to 5 which the thing that was seized relates that is or was being dealt with by a juvenile justice team. (4) The last day for applying for an order under subsection (1) is the 21st day after the day on which the thing was seized unless the last day for applying is postponed by subsection (5). 10 (5) If, for any part of the time when an application could otherwise be made in accordance with subsection (4), the making of the application is prevented by subsection (2)(b) or (c), the last day for applying (whether under subsection (4) or as postponed by this subsection) is postponed until the 21st day after the day on 15 which the making of the application ceases to be prevented by subsection (2)(b) or (c). (6) A court hearing an application under subsection (1) may order that the thing seized be delivered to the person making the application if the court is satisfied on the balance of probabilities 20 that the person is lawfully entitled to possess it. (7) The court may adjourn the application if it is satisfied that the thing seized should, for the time being, continue to be retained because it is required for a reason described in section 32(2)(a). (8) If the last day for applying under subsection (1) for an order for 25 the delivery of a thing has passed and either no application has been made or each application made has been dealt with without ordering that the thing be delivered to a person, that thing is forfeited to the Crown. page 24 Prostitution Bill 1999 Provisions for police Part 4 s. 35 35. Disposal of thing forfeited (1) If anything is forfeited to the Crown under this Act, the Commissioner may direct that it be sold, destroyed, or otherwise disposed of, as the Commissioner thinks fit, unless subsection (2) 5 prevents the Commissioner from giving the direction. (2) If anything is forfeited to the Crown -- (a) by an order under section 33(1)(a); or (b) after an order dismissing an application under section 34(1), 10 the Commissioner is not to give a direction under subsection (1) before the expiration of the time allowed for instituting an appeal against the order or, if an appeal is lodged within that time, before the determination of the appeal. 36. Embargo notices 15 Sections 90B, other than subsection (1), and 90C of the Police Act 1892 apply as if -- (a) the reference in section 90B(2) to seizure under Part VI of that Act included a reference to seizure under this Part; and 20 (b) when those provisions apply as modified by paragraph (a) -- (i) each reference in them to proceedings under that Act were a reference to proceedings under this Act; and 25 (ii) each reference in them to forfeiture under that Act were a reference to forfeiture under this Part. page 25 Prostitution Bill 1999 Part 4 Provisions for police s. 37 37. Undercover officers (1) The Commissioner may, in writing, authorize a police officer to act as an undercover officer and may in writing revoke that authority. 5 (2) Before authorizing a police officer to act as an undercover officer the Commissioner is to ensure that the police officer is a suitable person to have the functions of, and the immunity given to, an undercover officer. (3) The identity or purpose of an undercover officer may, for the 10 time being, be concealed or misrepresented for the purpose of detecting the commission of an offence. (4) An undercover officer may do anything specified in the authorization given by the Commissioner for the purpose of detecting the commission of an offence. 15 (5) If an undercover officer does anything as described in subsection (4) -- (a) the undercover officer does not commit an offence and is not liable as a party to an offence committed by another person; and 20 (b) the undercover officer's evidence in any proceedings against another person for an offence in connection with which the undercover officer did anything as described in subsection (4) is not the evidence of an accomplice. (6) The Commissioner is required, whenever requested to do so by 25 the Minister, to give the Minister a report in writing containing such particulars of the activities of undercover officers as the Minister requires. page 26 Prostitution Bill 1999 Provisions for police Part 4 s. 38 (7) In this section -- "Minister" means the Minister responsible for the administration of the Police Act 1892; "undercover officer" means a police officer acting as an 5 undercover officer under this section. 38. Commissioner may delegate a function The Commissioner may by instrument in writing delegate a function conferred on the Commissioner under this Part other than a function given by section 37(6) or this power of 10 delegation. page 27 Prostitution Bill 1999 Part 5 Restraining orders s. 39 Part 5 -- Restraining orders 39. Restraining order to prevent further offence If a court finds that a person has committed an offence under section 5 or 6 or any other offence prescribed for the purposes 5 of this section by the regulations and the court is satisfied that, unless restrained, the person is subsequently likely to commit an offence of a similar kind, the court may make a restraining order if it considers that making the order would be appropriate in the circumstances. 10 40. Restraining order against person who could be required to move on (1) If circumstances arise that would give sufficient grounds for a police officer to give a person a direction under section 26 and that person has previously been given a direction under that 15 provision, the police officer may apply for a restraining order against the person. (2) The application is to be made -- (a) if the person against whom the order is sought is a child, to the Children's Court; or 20 (b) otherwise, to a court of petty sessions. (3) If the court to which the application is made considers it appropriate in the circumstances to do so, it may make a restraining order. 41. Provisions about making the order 25 (1) A court is not to make a restraining order against a person under this Part unless the person has been given an opportunity to be heard on the matter. page 28 Prostitution Bill 1999 Restraining orders Part 5 s. 42 (2) If a restraining order has been, or is about to be, made against a person under this Part and the person is present, the court may, in order to facilitate service of the restraining order, order the person to remain in a place designated by the court for a period 5 of not more than one hour until the order is served on the person. 42. Terms of restraining order (1) If the restraining order is made under section 39, it may impose any restraints on the lawful activities and behaviour of the 10 person against whom it is made that the court considers appropriate to prevent the person from subsequently committing an offence similar in kind to the offence the person is found to have committed or from subsequently giving a police officer grounds for giving the person a direction under section 26. 15 (2) If the restraining order is made under section 40, it may impose any restraints on the lawful activities and behaviour of the person against whom it is made that the court considers appropriate to prevent the person from subsequently giving a police officer grounds for giving the person a direction under 20 section 26. (3) Without limiting the restraints that may be imposed, the order may restrain the person against whom it is made from -- (a) being on or near specified premises or in a specified locality or place; 25 (b) engaging in behaviour of a specified kind, either at all or in a specified place, at a specified time, or in a specified manner. (4) A restraint may be imposed absolutely or on any terms the court considers appropriate. page 29 Prostitution Bill 1999 Part 5 Restraining orders s. 43 (5) A restraining order may restrain the person against whom it is made from entering or remaining in a place, or restrict the person's access to a place, even if the person has a legal or equitable right to be there. 5 43. Duration of restraining order (1) A restraining order takes effect when it is served on the person against whom it is made or, if a later time is specified in the order, at that time. (2) Unless it is cancelled sooner, a restraining order remains in 10 effect for the period specified in the order or, if no period is specified, for one year from the day on which it took effect. 44. Variation or cancellation (1) An application for the court to vary or cancel a restraining order may be made by a police officer nominated by the 15 Commissioner of Police or, with the leave of the court, by the person against whom the order was made. (2) The application is to be made -- (a) if the person against whom the order was made is a child, to the Children's Court; or 20 (b) otherwise, to a court of petty sessions, and is to be accompanied by an affidavit in support of the application. (3) If subsection (1) requires the leave of the court for an application to be made, an application seeking leave is to be 25 accompanied by an affidavit disclosing all facts material to the application, whether supporting or adverse to the application, that are known to the applicant. page 30 Prostitution Bill 1999 Restraining orders Part 5 s. 44 (4) Neither the application nor the affidavit are to be served on the person upon whose application the restraining order was made (in this section called "the respondent") unless the court orders under subsection (6) that they are to be served on the 5 respondent. (5) Even though the giving of leave may not be prevented by subsection (7), the court may refuse the application for leave if it considers that -- (a) the affidavit does not disclose everything required by 10 subsection (3) to be disclosed; or (b) the facts disclosed by the affidavit do not give sufficient reason to vary or cancel the restraining order. (6) Before the court grants an application for leave it is to -- (a) order that a copy of the application and accompanying 15 affidavit be served on the respondent; and (b) give the respondent an opportunity to oppose the application for leave. (7) Leave is not to be given unless the court is satisfied there has been a substantial change in the relevant circumstances since the 20 restraining order was made. (8) The person against whom the order was made and the respondent are to be given an opportunity to be heard at the hearing of an application to vary or cancel a restraining order. (9) At the hearing of the application to vary or cancel a restraining 25 order, the court may receive as evidence any record of evidence given or affidavit filed in connection with an application for leave mentioned in subsection (3). page 31 Prostitution Bill 1999 Part 5 Restraining orders s. 45 (10) The court may dispose of the application to vary or cancel a restraining order by -- (a) dismissing the application; (b) making a new restraining order in addition to the 5 original restraining order; or (c) cancelling the original restraining order with or without making a new restraining order. (11) Anything in this Part that applies to a restraining order made in the first instance also applies to a new restraining order made 10 under this section. 45. Court to notify parties of decision If a person who was entitled to be given an opportunity to be heard was not present when the court disposed of the application to vary or cancel a restraining order, the clerk is to 15 notify the person of how the application was disposed of. 46. When cancellation takes effect The cancellation of a restraining order has effect -- (a) if another restraining order is made when the original order is cancelled, at the time the new order takes effect; 20 or (b) otherwise, at the conclusion of the hearing at which the order was cancelled. 47. Provisions about children (1) No restraining order is to be made against a child whose age is 25 less than 10 years. (2) In an application to vary or cancel a restraining order against a child, section 45 of the Young Offenders Act 1994 applies as if the matter were proceedings for an offence. page 32 Prostitution Bill 1999 Restraining orders Part 5 s. 47 (3) If the Children's Court hears an application for a restraining order under section 40 against a person or an application to vary or cancel a restraining order against a person in the belief that the person is a child when in fact the person is not a child -- 5 (a) as soon as it becomes aware the person is not a child, the Children's Court is to transfer the matter to a court of petty sessions; (b) the Children's Court proceedings are not, for that reason, invalidated; and 10 (c) an order made by the Children's Court before it became aware the person was not a child, is as valid and has the same effect as if it had been made by the court of petty sessions to which the matter is transferred. (4) If a court of petty sessions hears an application for a restraining 15 order under section 40 against a person or an application to vary or cancel a restraining order against a person in the belief that the person is not a child when in fact the person is a child -- (a) as soon as it becomes aware the person is a child, the court of petty sessions is to transfer the matter to the 20 Children's Court; (b) the court of petty sessions proceedings are not, for that reason, invalidated; and (c) an order made by the court of petty sessions before it became aware the person was a child, is as valid and has 25 the same effect as if it had been made by the Children's Court. (5) If a court transfers a matter to another court under this section, the clerk of each court is to give effect to the transfer. page 33 Prostitution Bill 1999 Part 5 Restraining orders s. 48 48. Breach of a restraining order A person against whom a restraining order was made under this Part who contravenes the order commits an offence. Penalty: $5 000. 5 49. Appeals (1) A person aggrieved by the decision of a court relating to a restraining order under this Part may appeal against that decision in accordance with this section. (2) If the decision was made by a court of petty sessions, the appeal 10 is to be made to the Supreme Court in accordance with Part VIII of the Justices Act 1902. (3) If the decision was made by the Children's Court when constituted so as not to consist of or include a Judge, the appeal is to be made to the Supreme Court in accordance with 15 section 41 of the Children's Court of Western Australia Act 1988 as if the decision were a decision within the meaning of section 41(2) of that Act. (4) If the decision was made by the Children's Court when constituted so as to consist of or include a Judge, the appeal is to 20 be made to the Full Court in accordance with section 43 (other than subsections (2) and (3)) of the Children's Court of Western Australia Act 1988 as if the decision were a decision within the meaning of section 43(3b) of that Act. (5) If the decision was made by the District Court, the appeal is to 25 be made to the Full Court in accordance with section 79(1)(a) of the District Court of Western Australia Act 1969. (6) If the decision was made by a Judge of the Supreme Court, the appeal is to be made to the Full Court in accordance with section 58 of the Supreme Court Act 1935. page 34 Prostitution Bill 1999 Restraining orders Part 5 s. 50 (7) In this section -- "Full Court" has the same meaning as it has in the Supreme Court Act 1935. 50. Order not to conflict with family order 5 (1) If a court does not have jurisdiction to adjust a family order the court is not to make a restraining order that conflicts with that family order. (2) In this section -- "family order" has the same meaning as it has in the 10 Restraining Orders Act 1997. page 35 Prostitution Bill 1999 Part 6 Evidence s. 51 Part 6 -- Evidence 51. Accused presumed to know if person is a child If, in proceedings for an offence under this Act, it is relevant whether or not a person was a child, it is to be conclusively 5 presumed that the accused knew that the person was a child unless it is proved that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the age of the person concerned was at 10 least 18 years. 52. Person residing with child prostitute presumed to receive payment If in a proceeding for an offence under section 19(1) it is proved that, at the time of the offence, the accused was residing with a 15 prostitute who was a child, the accused is presumed to be guilty of the offence unless the contrary is proved. 53. Accused presumed to have allowed presence of child If, in proceedings for an offence under section 23, it is proved that a child was at a place at a particular time, the accused is 20 conclusively presumed to have allowed the child to enter or remain at the place unless it is proved that the accused did not know, and could not reasonably have known, that a child was at the place at that time. 54. Intention presumed in some cases 25 (1) A person loitering in or frequenting a place in circumstances giving reasonable grounds for suspecting that the person had an intention described in section 5(4)(b) or 6(3)(b) is to be presumed to have had that intention unless the contrary is proved. page 36 Prostitution Bill 1999 Evidence Part 6 s. 55 (2) A person doing anything in circumstances giving reasonable grounds for suspecting that the person had an intention described in section 18(2) is to be presumed to have had that intention unless the contrary is proved. 5 55. Presumption of knowledge of sexually transmissible infection (1) If a person acted as a prostitute while the person had a sexually transmissible infection, the person is to be conclusively presumed, for the purposes of section 17, to have known at the 10 time the person acted that the person had the sexually transmissible infection unless it is proved that at that time the person believed on reasonable grounds that the person did not have a sexually transmissible infection. (2) If a person carrying on a business involving the provision of 15 prostitution allowed a person (in this section called "the prostitute") to act as a prostitute for the business and while acting as a prostitute the prostitute had a sexually transmissible infection, the person carrying on the business is conclusively presumed, for the purposes of section 8, to have known at the 20 time the prostitute acted as a prostitute that the prostitute had the sexually transmissible infection unless it is proved that, at that time, the person carrying on the business believed on reasonable grounds that the prostitute did not have a sexually transmissible infection. 25 56. Certificate that undercover officer was authorized A certificate purporting to be signed by the Commissioner of Police or his delegate and stating that the person named in that certificate was, at the time or during the period specified in that certificate -- 30 (a) a police officer acting as an undercover officer under section 37; and page 37 Prostitution Bill 1999 Part 6 Evidence s. 57 (b) authorized to do anything stated in the certificate, is, without proof of any appointment, delegation, or signature, evidence of the facts stated in the certificate. 57. Averment that prostitution business carried on 5 In proceedings for an offence under this Act an averment by the prosecution that a person is or was carrying on a business involving the provision of prostitution is to be taken to have been proved unless the contrary is proved. page 38 Prostitution Bill 1999 Miscellaneous Part 7 s. 58 Part 7 -- Miscellaneous 58. Legal proceedings (1) A complaint of an offence under this Act can only be made by a police officer. 5 (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. 59. Protection of certain persons (1) An action in tort does not lie against a person for anything that he or she has, in good faith, done as a police officer or when 10 assisting a police officer in the performance or purported performance of a function under this Act. (2) The Crown is also relieved of any liability that it might otherwise have had for a person having done anything as described in subsection (1). 15 (3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. 20 60. Exchange of information between State authorities (1) A State authority specified in subsection (4) may disclose to another State authority specified in subsection (4) any information that is, or could reasonably be expected to be, relevant to the performance of a function of the State authority 25 to which the information is disclosed. (2) If an administrative head referred to in subsection (4), in writing, requests another administrative head referred to in page 39 Prostitution Bill 1999 Part 7 Miscellaneous s. 60 subsection (4) to disclose any information, the administrative head receiving the request is to comply with the request unless the exception in subsection (3) applies. (3) The Commissioner of Police may decline to disclose 5 information requested under subsection (2) if to do so would be likely to compromise an investigation. (4) The State authorities specified in this subsection are -- (a) the Commissioner of Police (who is the "administrative head"), police officers, and persons 10 employed in the department of the Public Service principally assisting in the administration of the Police Act 1892; (b) the chief executive officer of the department of the Public Service principally assisting in the administration 15 of the Health Act 1911 (who is the "administrative head") and persons employed in that department; (c) the chief executive officer of the department of the Public Service principally assisting in the administration of the Young Offenders Act 1994 (who is the 20 "administrative head") and persons employed in that department; (d) the chief executive officer of the department of the Public Service principally assisting in the administration of the Child Welfare Act 1947 (who is the 25 "administrative head") and persons employed in that department. (5) The authority given by this section to disclose information applies even though the disclosure may be contrary to any duty of confidentiality imposed by law or otherwise arising and 30 whether or not the duty of confidentiality arose before this Act commenced but, without limiting the authority given by this section to disclose information, a person to whom confidential page 40 Prostitution Bill 1999 Miscellaneous Part 7 s. 61 information is disclosed under this section is bound by the same duty of confidentiality as applied to the person making the disclosure. (6) A person making a disclosure under this section incurs no civil 5 or criminal liability as a result of the disclosure, and is not to be regarded for any purpose as being in breach of the duty of confidentiality. 61. Confidentiality (1) A person to whom this subsection applies must not, whether 10 directly or indirectly, record, disclose, or make use of any information obtained in the course of duty except -- (a) in the course of duty; (b) as required or allowed by this Act or any other written law; 15 (c) for the purpose of proceedings for an offence under this Act; (d) with the written authority of the Minister or the person to whom the information relates; or (e) in other prescribed circumstances. 20 Penalty: $5 000. (2) The prohibition in subsection (1) extends to the giving of evidence or the production of a book, document or record in civil proceedings in a court or tribunal. (3) Subsection (1) does not apply to the disclosure of statistical or 25 other information that could not reasonably be expected to lead to the identification of any person to whom it relates. (4) Subsection (1) applies to a person who is or was -- (a) a police officer; or page 41 Prostitution Bill 1999 Part 7 Miscellaneous s. 62 (b) a person employed in the department of the Public Service principally assisting in the administration of the Police Act 1892. 62. Liability of managerial officer for offence by body corporate 5 (1) If a body corporate is found to have committed an offence under this Act, each person who is a managerial officer of the body is also to be treated as having committed the offence unless the person proves that -- (a) the offence was committed without the person's consent 10 or connivance; and (b) the person exercised all such due diligence to prevent the commission of the offence as ought to have been exercised having regard to the nature of the person's functions and to all the circumstances. 15 (2) In subsection (1) -- "managerial officer" means -- (a) a director or secretary of the body; (b) a person who exercises or exerts control or influence over the body, or is in a position to do so; 20 (c) a person who at any time takes responsibility for the management of a business carried on by the body; or (d) a person who is a shareholder of the body, if the body is a proprietary company. 63. Summary trial of crimes 25 (1) If, after a provision of this Act, "Summary conviction penalty:" appears followed by a penalty, a charge before a court of petty sessions that a person has committed an offence under that provision may be dealt with summarily in accordance with this page 42 Prostitution Bill 1999 Miscellaneous Part 7 s. 64 section and the person is liable on summary conviction to that penalty. (2) A charge can only be dealt with summarily in accordance with this section if the prosecutor and the person charged consent and 5 the court considers that the charge can be adequately dealt with summarily having regard to -- (a) the nature and particulars of the offence; (b) such particulars of the circumstances relating to the charge and the antecedents of the person charged as the 10 court may require from the prosecutor; and (c) whether or not it is appropriate to deal with the charge summarily. 64. Regulations (1) The Governor may make regulations prescribing all matters that 15 are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. (2) Regulations prescribing an infection to be a sexually transmissible infection or a sexually transmissible life 20 threatening infection for the purposes of this Act can only be made on the recommendation of the Executive Director, Public Health, and -- (a) a recommendation that an infection be prescribed to be a sexually transmissible infection is only to be made if the 25 infection is capable of being transmitted by sexual activity; (b) a recommendation that an infection be prescribed to be a sexually transmissible life threatening infection is only to be made if -- (i) the infection is capable of being transmitted by 30 sexual activity; page 43 Prostitution Bill 1999 Part 7 Miscellaneous s. 65 (ii) the infection endangers or is likely to endanger human life; and (iii) the Executive Director, Public Health does not know of a cure for the infection. 5 65. Regulations relating to restraining order applications (1) Without limiting section 64, the Governor may make regulations as to the making of applications for the making, variation or cancellation of orders under Part 5 and the procedure on the hearing of such applications. 10 (2) References in subsection (1) to an application for the variation or cancellation of an order refer also to an application seeking leave to make an application for the variation or cancellation of an order. 66. Consequential amendments 15 Other Acts are amended as shown in Schedule 2. page 44 Prostitution Bill 1999 Offence history that may be an element of a section 15 offence Schedule 1 Schedule 1 -- Offence history that may be an element of a section 15 offence [s. 15(c)] An offence under any of the following enactments: 5 Censorship Act 1996 s. 60 The Criminal Code s. 181 s. 186 10 s. 204A s. 278 or 279 s. 281A s. 297 s. 320(2) or (3) 15 s. 321(2) or (3) s. 321A(3) s. 324, 325, or 326 s. 327 s. 329 20 s. 330(2) or (3) s. 332 s. 333 s. 338A, 338B, or 338C s. 343 25 s. 396, 397, or 398 Child Welfare Act 1947 s. 108(1) page 45 Prostitution Bill 1999 Schedule 2 Consequential amendments to other Acts Schedule 2 -- Consequential amendments to other Acts [s. 66] 1. Evidence Act 1906 (1) In section 36A(1) of the Evidence Act 1906*, in the definition of 5 "sexual offence", by deleting paragraph (a) and inserting instead the following paragraph -- " (a) under section 186 or 191(1) of The Criminal Code or section 7, 9, 15, 17, or 18 of the 10 Prostitution Act 1999; ". (2) In Schedule 7 of the Evidence Act 1906*: (a) in Part A clause 1(a), by inserting after "Part B or C" the following -- 15 " or a section of the Prostitution Act 1999 mentioned in Part B "; (b) by deleting Part B and inserting instead the following Part -- 20 " Part B The Criminal Code 181 Carnal knowledge of animal 184 Indecent practices between males in public 186 Occupier or owner allowing certain persons to be on premises for unlawful carnal knowledge 191 Procuration 192 Procuring person to have unlawful carnal knowledge by threats, fraud, or administering drugs XXXI Sexual offences page 46 Prostitution Bill 1999 Consequential amendments to other Acts Schedule 2 Prostitution Act 1999 5 Seeking prostitute in public place 6 Seeking client in public place 15(a) Acting as a prostitute while a child 16 Acting as a prostitute for a child 17 Persons with certain health conditions acting as prostitutes 18 Causing, permitting, or seeking to induce child to act as prostitute 19 Obtaining payment for prostitution by a child 20 Agreement for prostitution by a child 22 Prostitution at place where child present 23 Allowing child to be at place involving prostitution ". [* Reprinted as at 10 September 1996. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 86, and Acts Nos. 40 of 1998, and 5 26 of 1999.] 2. Police Act 1892 Section 59 of the Police Act 1892* is amended by deleting "and any common prostitute who shall solicit, importune or accost any person or persons for the purpose of prostitution, or loiter about for the 10 purpose of prostitution in any street, or place, or within the view or hearing of any person passing therein,". [* Reprinted as at 31 January 1977. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 196, and Act No. 18 of 1999.] 15 3. The Criminal Code Section 195 of The Criminal Code* is repealed. [* Reprinted as at 2 October 1999 as the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913. 20 For subsequent amendments see Act No. 35 of 1999.] page 47 Prostitution Bill 1999 Schedule 2 Consequential amendments to other Acts 4. Young Offenders Act 1994 In Schedule 2 of the Young Offenders Act 1994*, by inserting before the heading relating to the Road Traffic Act 1974 the following -- " 2A. Prostitution Act 1999 s. 7 Seeking to induce person to act as prostitute s. 9 Persons with certain health conditions not to use prostitutes s. 17(1) Acting or offering to act as prostitute with a sexually transmissible life threatening infection s. 18 Causing, permitting, or seeking to induce child to act as prostitute s. 19 Obtaining payment for prostitution by a child s. 20 Agreement for prostitution by a child 5 ". [* Reprinted as at 26 November 1996. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p. 279.] page 48 Prostitution Bill 1999 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) act as a prostitute.............................................................................................. 3 act of prostitution ............................................................................................. 3 administrative head .............................................................60(4)(a), (b), (c), (d) child................................................................................................................. 3 client................................................................................................................ 3 Commissioner of Police.................................................................................... 3 Commissioner ............................................................................................24(1) conveyance ................................................................................................24(1) document ......................................................................................................... 3 family order ...............................................................................................50(2) Full Court...................................................................................................49(7) juvenile justice team...................................................................................24(1) managerial officer ......................................................................................62(2) medical practitioner....................................................................................31(7) Minister .....................................................................................................37(7) offence .......................................................................................................24(1) place ................................................................................................................ 3 prohibited drug................................................................................................. 3 prostitute.......................................................................................................... 3 prostitution....................................................................................................... 3 public place...................................................................................................... 3 registered nurse ..........................................................................................31(7) relevant charge ...........................................................................................34(3) relevant juvenile justice team matter ...........................................................34(3) sexually transmissible infection ........................................................................ 3 sexually transmissible life threatening infection ................................................ 3 sponsorship ................................................................................................11(3) the client .......................................................................................................... 4 the prostitute .................................................................................................... 4 the respondent ............................................................................................44(4) undercover officer ......................................................................................37(7)
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