Prostitution Act 1979 (NSW)

PROSTITUTION ACT, 1979, No. 71

iletD OTales

ANNO VICESIMO OCTAVO

ELIZABETHS II BEGINS

Act No. 71, 1979.

An Act to make provisions with respect to certain offences relating to prostitution consequentially upon the repeal of the Summary Offences Act, 1970. [Assented to, 11th May, 1979.]

Act No. 71, 1979.

Prostitution.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

P r e l im in a r y .

1. This Act may be cited as the “Prostitution Act, 1979”. Short title.

2.      (1) This section and section 1 shall commence on the date Commence-

of assent to this Act.

(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. This Act is divided as follows :—

Arrange­

ment.

PART I.—P r e l im in a r y — ss. 1 -4 .

PART	II,—O f f e n c e s — xs'.	5 -8 .
PART	III.— G e n e r a l —	9, 10.

4.           In this Act, “premises” includes any structure, building, interpreta-

vehicle, vessel or place, whether built upon or not, and any part thereof, but does not include licensed premises under the Liquor Act, 1912, or the premises of a registered club under the Registered Clubs Act, 1976.

Act No. 71, 1979.

Prostitution.

PART II.

O f f e n c e s .

Living on	5.	( 1 ) A person shall not knowingly live wholly or in part
proXtution.	earnings of prostitution of another person.

Penalty : $800 or imprisonment for 12 months.

(2) For the purposes of subsection (1), a person not being a child or young person within the meaning of the Child Welfare Act, 1939, whc

(a) lives with or is habitually in the company of a reputed prostitute; and

(b) has no visible lawful means of support,

shall be deemed knowingly to live wholly or in part on the earnings of prostitution of another person unless he satisfies the court before which he is charged with an offence under that subsection that he has sufficient lawful means of support.

Prostitution 6 . A person shall not use, for the purpose of prostitution, or

or soliciting qJ soliciting for prostitution, any premises held out as being avail­	in massage
rooms, etc. able for the provision of massage, sauna baths, steam baths, facilities for physical exercise, or services of a like nature, or held out as being available for the taking of photographs or as a photographic studio.

Penalty ; $400 or imprisonment for 6 months.

Allowing	7.	(1) A person, being the owner, occupier or manager or a
premises

tc be used	person assisting in the management, of any premises held out as
for prosti­	being available for the provision of massage, sauna baths, steam
tution.	baths, facilities for physical exercise, or services of a like nature, or held out as being available for the taking of photographs or as a photographic studio, shall not knowingly suffer or permit the premises to be used for the purpose of prostitution, or of soliciting for prostitution.

Penalty : $800 or imprisonment for 12 months.

Act No. 71, 1979.

Prostitution.

(2) A conviction under subsection (1) does not exempt the offender from any penalty or other punishment to which he may be liable for keeping or being concerned in keeping a brothel or disorderly house, or for the nuisance thereby occasioned.

8.          A person shall not, in any manner, publish or cause to be Advertising

published, an advertisement, or erect or cause to be erected any

sign, indicating that any premises are used, or are available for prostitution,

use or that any person is available, for the purposes of prostitution.

Penalty ; $400 or imprisonment for 6 months.

PART III.

G e n e r a l .

9.      (1) Upon complaint made on oath that the complainant Warrant

has reason to suspect and believes that section 6 or 7 is being contravened with respect to specified premises, a stipendiary magis­ trate may, by warrant, authorise and require any member of the police force to enter and search those premises and to arrest, search and bring before a justice any person who is, or appears to have been, contravening either of those sections, and to seize any article that may be evidence of such a contravention.

(2) A member of the police force authorised under sub­ section (1) to enter premises may use force, whether by breaking open doors or otherwise, for the purpose of entering the premises and may execute the warrant with the aid of such assistants as he deems necessary.

Act No. 71, 1979.

Prostitution.

Sugary

10. Proceedings for an. offence against this Act may be

taken before a court of petty sessions held before a

’ stipendiary magistrate sitting alone.