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This is a Bill, not an Act. For current law, see the Acts databases.
PROSTITUTION AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Prostitution
Amendment Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Prostitution
Amendment Bill 2002
A Bill for
An Act to amend the
Prostitution Act 1992,
and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Prostitution Amendment Act 2002.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act 2001, s 75).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation
Act 2001, s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act 2001, s 79).
(1) This Act (other than sections 25, 26 and 27) amends the
Prostitution Act 1992.
Note The Prostitution Act 1992 is amended in the body of this
Act and in sch 1.
(2) Section 25 amends the Sexually Transmitted Diseases Act
1956.
(3) Sections 26 and 27 amend the Spent Convictions Act
2000.
substitute
Part 2 Registration
Division
2.1 Interpretation
4A Definitions for pt 2
In this part:
annual notice—see section 4D.
commercial brothel means a brothel other than a sole operator
brothel.
commercial escort agency means an escort agency other than a
sole operator escort agency.
commercial operator means an operator of a commercial brothel
or commercial escort agency.
disqualifying offence—see section 4B.
interested person, in relation to a commercial brothel or
commercial escort agency, means any of the following:
(a) each operator;
(b) each owner who is an individual;
(c) each director of an owner that is a corporation.
police report, for a person, is a report by a police officer
about the person’s criminal record made on a form that—
(a) contains a consent by the person to a police officer making inquiries
about the person’s criminal record; and
(b) contains imprints of the fingers and palms of both hands of the
person.
Note If a form is approved under s 21A (Approved forms) for a police
report, the form must be used.
registration notice—see section 4C.
required police report, in relation to a commercial brothel
or commercial escort agency, means a police report for each interested person in
relation to the brothel or escort agency.
sole operator means a prostitute who—
(a) solely owns and operates the business of a sole operator brothel;
or
(b) solely owns and operates a sole operator escort agency.
sole operator brothel means a brothel—
(a) the premises of which are premises used by a single prostitute;
and
(b) the business of which is solely owned and operated by the single
prostitute.
sole operator escort agency means an escort agency solely
owned and operated by a single prostitute.
the operator, of a commercial brothel or commercial escort
agency—
(a) if there is only 1 operator of the brothel or escort agency—the
operator; or
(b) if there are 2 or more operators of the brothel or escort
agency—each operator.
4B Meaning of disqualifying
offence
(1) In this part:
disqualifying offence means—
(a) an offence against any of the following:
(i) a provision of the Crimes Act 1900 mentioned in schedule
1;
(ii) a provision of this Act mentioned in schedule 2;
(iii) the Proceeds of Crime Act 1991, section 74 (Money
laundering);
(iv) the Drugs of Dependence Act 1989, section 164 (about sale or
supply of a drug of dependence or a prohibited substance (other than
cannabis));
(v) the Drugs of Dependence Act 1989, section 165 (about sale or
supply of cannabis); or
Note A reference to an offence against a Territory law includes a
reference to an offence against the Crimes Act 1900, pt 9 (Aiding and
abetting, accessories, attempts, incitement and conspiracy) that relates to the
law (see Legislation Act 2001, s 189).
(b) an offence against a law of the Commonwealth, a State or another
Territory corresponding to an offence mentioned in paragraph (a); or
(c) an offence against a law of the Commonwealth, a State or another
Territory corresponding to a provision of the Crimes Act 1900, part 9 in
relation to an offence mentioned in paragraph (a); or
(d) an offence against the Migration Act 1958 (Cwlth), section 232A
(Organising bringing groups of non-citizens into Australia), section 233 (1)
(about bringing etc non-citizens into Australia in contravention of the Act) or
section 233A (Other offences relating to groups of non-citizens etc); or
(e) an offence against a Commonwealth law corresponding to a provision of
the Crimes Act 1900, part 9 in relation to an offence mentioned in
paragraph (d); or
(f) an offence against a law of a foreign country of a kind mentioned in
schedule 3.
(2) To remove any doubt, this section applies to offences committed before
or after the commencement of this section.
4C Meaning of registration
notice
(1) In this part:
registration notice, in relation to a brothel or escort
agency, means a written notice containing the following particulars in relation
to the brothel or escort agency:
(a) its business name (if any) and address;
(b) the name and home address of each person in day-to-day control of the
brothel or escort agency;
(c) if the owner (or an owner) of the brothel or escort agency is an
individual—the name and home address of each individual who is an
owner;
(d) if the owner (or an owner) of the brothel or escort agency is a
corporation—the following for each corporation that is an owner:
(i) its name and business address;
(ii) the name and home address of each director and each
shareholder.
Note 1 A fee may be determined under s 21 (Determination of fees)
for a notice under this section.
Note 2 If a form is approved under s 21A (Approved forms) for a
notice, the form must be used.
(2) If the brothel or escort agency is a commercial brothel or commercial
escort agency, the registration notice must also state, for each interested
person in relation to the brothel or escort agency, whether or not the person
has been convicted, or found guilty, of a disqualifying offence.
4D Meaning of annual
notice
(1) In this part:
annual notice, in relation to a brothel or escort agency,
means a written notice containing the following particulars in relation to the
brothel or escort agency:
(a) its business name (if any) and address;
(b) the name and home address of each person in day-to-day control of the
brothel or escort agency;
(c) if the owner (or an owner) of the brothel or escort agency is an
individual—the name and home address of each individual who is an
owner;
(d) if the owner (or an owner) of the brothel or escort agency is a
corporation—the following for each corporation that is an owner:
(i) its name and business address;
(ii) the name and home address of each director and each
shareholder.
Note 1 A fee may be determined under s 21 (Determination of fees)
for a notice under this section.
Note 2 If a form is approved under s 21A (Approved forms) for a
notice, the form must be used.
(2) If the brothel or escort agency is a commercial brothel or commercial
escort agency, the annual notice must also state, for each interested person in
relation to the brothel or escort agency, whether or not the person has been
convicted, of found guilty, of a disqualifying offence.
Division 2.2 Registrar, register and
notices
5 Registrar of Brothels and Escort
Agencies
The chief executive must appoint a public servant as the Registrar of
Brothels and Escort Agencies.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act 2001, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment
may be made by naming a person or nominating the occupant of a position (see
s 207).
6 Functions of registrar
The functions of the registrar are—
(a) to keep a register of information provided by operators of brothels
and escort agencies, and to make the register available for public inspection,
in accordance with this Act; and
(b) to exercise any other function given to the registrar under this Act
or any other Territory law.
6A Register
(1) The registrar must keep a register of information provided by
operators of brothels and escort agencies in notices under this part.
(2) Subsection (1) does not require the registrar to include or keep in
the register information about a brothel or escort agency that has ceased to
operate.
(3) The registrar must make information in the register available for
public inspection.
(4) However, the registrar must not make the names or addresses of sole
operators available for public inspection.
(5) Subsection (4) does not prevent inspection of names or addresses of
sole operators by an authorised person if the registrar is satisfied that the
person wishes to inspect them in the exercise of the person’s
functions.
(6) In this section:
authorised person means—
(a) a police officer; or
(b) a public servant; or
(c) a person prescribed under the regulations.
6B Registration notice etc to be given to
registrar
(1) The operator of a brothel or escort agency must not, without
reasonable excuse, fail to give the registrar a registration notice for the
brothel or escort agency and, if the operator is a commercial operator, the
required police report at least 7 days before the brothel or escort agency
begins to operate.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) If there are 2 or more operators of a commercial brothel or commercial
escort agency, it is sufficient if 1 of them complies with subsection (1) in
relation to the brothel or escort agency.
7 Annual notices
(1) The operator of a brothel or escort agency must not, without
reasonable excuse, fail to give the registrar an annual notice for the brothel
or escort agency before 1 October in each year.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) If there are 2 or more operators of a commercial brothel or commercial
escort agency, it is sufficient if 1 of them complies with subsection (1) in
relation to the brothel or escort agency in relation to a year.
7A Other notices to be given by operators and former
operators
(1) If any of the particulars in the notice (or last notice) given to the
registrar under this part by the operator (or an operator) of a brothel or
escort agency change, the operator must not, without reasonable excuse, fail to
give written notice to the registrar of the new particulars within 7 days after
the day the particulars change.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) If a brothel or escort agency ceases to operate, the person who was
the operator immediately before it ceased to operate (a former
operator) must not, without reasonable excuse, fail to give written
notice to the registrar of the cessation within 7 days after the day of the
cessation.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(3) If there are 2 or more operators or former operators of a commercial
brothel or commercial escort agency, it is sufficient if 1 of them complies with
a requirement under this section in relation to the brothel or agency.
(4) In this section:
particulars includes the statement required by section 4C (2)
or 4D (2).
Division 2.3 Interested
people—offences
7B Interested person—disqualifying
offence
(1) A person who has been convicted or found guilty of a disqualifying
offence must not—
(a) become an interested person in relation to a commercial brothel or
commercial escort agency; or
(b) continue to be an interested person in relation to a commercial
brothel or commercial escort agency.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) Any other interested person (the other interested
person) in relation to a commercial brothel or commercial escort agency
commits an offence if—
(a) an interested person mentioned in subsection (1) becomes, or continues
to be, an interested person in relation to the brothel or escort agency;
and
(b) the other interested person knows that, or is reckless as to whether,
a person who becomes, or continues to be, an interested person in relation to
the brothel or escort agency is an interested person mentioned in subsection
(1).
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
7C Police report to be given before person becomes
interested person
A person must not, without reasonable excuse, fail to give the registrar a
police report for the person at least 7 days before the person becomes an
interested person in relation to a brothel or escort agency.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
5 Operating
a brothelSection 9
substitute
9 Brothels—other than in prescribed
location
(1) A person must not operate a brothel other than in a prescribed
location.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) Each owner of a brothel that operates other than in a prescribed
location commits an offence.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(3) This section does not apply to an escort agency or premises used by a
single prostitute.
6 Child
on premisesSection 14
omit
The operator
substitute
An operator or owner
7 Infected
personsSection 15
omit
The operator
substitute
Each operator and owner
8 Medical
examinationSection 17
(1)
omit
The operator
substitute
Each operator and owner
substitute
(3) This section does not prevent the use by an operator or owner of a
brothel or escort agency of an examination by a doctor, or the results of an
examination by the doctor, to satisfy himself or herself that a prostitute is
not infected with a sexually transmitted disease.
10 Use
of prophylacticsSection 18
(1)
omit
The operator
substitute
Each operator and owner
omit
The operator
substitute
An operator or owner
12 Evidentiary
certificateSection 19
omit
13 New
sections 21A and 21B
insert
21A Approved forms
(1) The registrar may, in writing, approve forms for this Act.
Note For other provisions about forms, see Legislation Act
2001, s 255.
(2) If the registrar approves a form for a particular purpose, the
approved form must be used for that purpose.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act 2001.
21B False or misleading
information
A person must not, without reasonable excuse, in relation to a notice or
any other document given to the registrar under this Act—
(a) give information that the person knows is false or misleading in a
material particular; or
(b) omit anything without which the document is, to the person’s
knowledge, misleading in a material particular; or
(c) fail to disclose a material fact of which the person has
knowledge.
Maximum penalty: 50 penalty units.
insert
23 Transitional—registration notices etc for
existing commercial brothels and commercial escort agencies
(1) This section applies to the operator of a commercial brothel or
commercial escort agency if the brothel or escort agency—
(a) was operating before the commencement of this section; and
(b) does not cease to operate within 3 months after the
commencement.
(2) Section 6B (Registration notice etc to be given to registrar) applies
to the operator as if the brothel or escort agency had begun to operate 3 months
after the commencement of this section.
(3) This section expires on the expiry day.
(4) In this section:
expiry day means the first day after the 6 month period
beginning on the commencement of this section.
insert
Schedule 1 Disqualifying
offences—Crimes Act 1900
(see s 4B, def disqualifying offence, par (a)
(i))
column 1
|
column 2
|
column 3
|
item
|
section
|
description
|
1
|
12
|
murder
|
2
|
19
|
intentionally inflicting grievous bodily harm
|
3
|
20
|
recklessly inflicting grievous bodily harm
|
4
|
22
|
assault with intent to commit certain indictable offences
|
5
|
32 (1) (a)
|
make demand with threat to kill or inflict grievous bodily harm
|
6
|
32 (2) (a)
|
make demand with threat to endanger health etc
|
7
|
35
|
stalking
|
8
|
36
|
torture
|
9
|
38
|
kidnapping
|
10
|
51
|
sexual assault in the first degree
|
11
|
52
|
sexual assault in the second degree
|
12
|
53
|
sexual assault in the third degree
|
13
|
54
|
sexual intercourse without consent
|
14
|
55
|
sexual intercourse with young person
|
15
|
57
|
act of indecency in the first degree
|
16
|
58
|
act of indecency in the second degree
|
17
|
59
|
act of indecency in the third degree
|
18
|
60
|
act of indecency without consent
|
19
|
61
|
acts of indecency with young people
|
20
|
62
|
incest and similar offences
|
21
|
63
|
abduction
|
22
|
64
|
employment of young people for pornographic purposes
|
23
|
65
|
possession of child pornography
|
24
|
79
|
sexual servitude offences
|
25
|
80
|
deceptive recruiting for sexual services
|
Schedule 2 Disqualifying offences—this
Act
(see s 4B, def disqualifying offence, par (a)
(ii))
column 1
|
column 2
|
column 3
|
item
|
section
|
description
|
1
|
8
|
duress used to induce person to provide commercial sexual
services
|
2
|
9
|
brothel operating other than in prescribed location
|
3
|
10 (2)
|
accost a child for the purpose of offering or getting commercial sexual
services
|
4
|
11
|
cause or permit child to provide commercial sexual services
|
5
|
12
|
receive proceeds of child prostitution
|
6
|
14
|
permit child on premises
|
7
|
15
|
obligations when prostitute infected with sexually transmitted disease
|
8
|
17
|
obligations in relation to medical examination of prostitute
|
9
|
18
|
obligations about use of prophylactics
|
Schedule 3 Disqualifying
offences—foreign countries
(see s 4B, def disqualifying offence, par
(f))
1 Kinds of offences
(1) An offence that consists of or involves—
(a) murder; or
(b) torture, abduction or kidnapping; or
(c) sexual assault; or
(d) sexual servitude; or
(e) child pornography; or
(f) violence, intimidation or coercion related to prostitution;
or
(g) causing serious physical harm to another person; or
(h) money laundering; or
(i) illegal immigration; or
(j) supplying illegal drugs.
(2) An offence that consists of, or involves, in relation to an offence
mentioned in subclause (1)—
(a) aiding and abetting the commission of the offence, or
(b) being an accessory after the fact; or
(c) attempting, inciting a person, or conspiring, to commit the
offence.
16 Dictionary,
new definitions
insert
annual notice, for part 2 (Registration)—see section
4D.
commercial brothel, for part 2 (Registration)—see
section 4A.
commercial escort agency, for part 2 (Registration)—see
section 4A.
commercial operator, for part 2 (Registration)—see
section 4A.
disqualifying offence, for part 2 (Registration)—see
section 4B.
17 Dictionary,
definition of employing
substitute
employed—a prostitute is employed at a
brothel or from an escort agency if the prostitute provides commercial sexual
services at the brothel, or from the escort agency, under a contract of service
or a contract for services.
18 Dictionary,
new definition of interested person
insert
interested person, for part 2 (Registration)—see
section 4A.
19 Dictionary,
definition of operator
substitute
operator, of a brothel or escort agency, includes a person in
day-to-day control of the brothel or escort agency.
20 Dictionary,
new definition of police report
insert
police report, for part 2 (Registration)—see section
4A.
21 Dictionary,
definition of registrar
substitute
registrar means the Registrar of Brothels and Escort Agencies
under section 5.
22 Dictionary,
new definitions
insert
registration notice, for part 2 (Registration)—see
section 4C.
required police report, for part 2 (Registration)—see
section 4A.
23 Dictionary,
definition of sexually transmitted disease
substitute
sexually transmitted disease—see the Sexually
Transmitted Diseases Act 1956, section 4 (Interpretation).
Note Under the Sexually Transmitted Diseases Act 1956, s 4 a
sexually transmitted disease is chancroid, chlamydial disease,
donovanosis, gonorrhoea, HIV/AIDS, lymphogranuloma venereum, syphilis or a
disease prescribed by regulations under that Act.
24 Dictionary,
new definitions
insert
sole operator, for part 2 (Registration)—see section
4A.
sole operator brothel, for part 2 (Registration)—see
section 4A.
sole operator escort agency, for part 2
(Registration)—see section 4A.
the operator, for part 2 (Registration)—see section
4A.
25 Sexually
Transmitted Diseases Act 1956, section 4, definition of sexually transmitted
disease
substitute
sexually transmitted disease means—
(a) chancroid, chlamydial disease, donovanosis, gonorrhoea,
HIV/ AIDS, lymphogranuloma venereum or syphilis; or
(b) a disease prescribed under the regulations.
26 Spent
Convictions Act 2000, new section 19 (7A)
insert
(7A) Section 16 does not apply to a notice or police report under the
Prostitution Act 1992, part 2 (Registration).
27 Spent
Convictions Act 2000, section 19
renumber subsections when Act next republished under Legislation Act
2001
Schedule
1 Technical
amendments
(see s 3)
[1.1] Section
8 (1), penalty
insert
Maximum penalty: imprisonment for 6 years.
Explanatory note
This amendment makes it clear that the penalty applies to both subsections
(1) and (2), in line with current drafting practice.
[1.2] Dictionary,
definition of premises used by 1 prostitute
omit
by 1 prostitute
substitute
by a single prostitute
Explanatory note
This amendment is consequential on the new definition of sole
operator brothel for part 2 and the amendment of section 9.
[1.3] Prostitution
Act—renumbering
renumber provisions when Act next republished under Legislation Act
2001
Explanatory note
Because of the substitution of part 2, the omission of section 19 and the
insertion of new sections 21A and 21B, the provisions of the Act need to be
renumbered.
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act 2001, s 133 deals with the meaning of offence
penalties that are expressed in penalty units.
© Australian Capital Territory
2002
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