Prostitution Act 1999 (Qld)
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Prostitution Act 1999
An Act to regulate prostitution in Queensland, and for other purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Prostitution Act 1999.
2 Commencement
(1)Parts 1 and 2 and part 7, divisions 1 and 2 and schedule 4 commence on assent.(2)The remaining provisions of this Act commence on a day to be fixed by proclamation.(3)However, if a provision of this Act has not commenced before 1 July 2000, it commences on 1 July 2000.
3 Purpose
The purpose of this Act is to regulate prostitution in Queensland.
4 Act binds all persons
(1)This Act binds all persons, including the State.(2)Nothing in this Act makes the State liable to be prosecuted for an offence.
Part 2 Definitions
5 Definitions
The dictionary in schedule 4 defines particular words used in this Act.
6 Meaning of associate
(1)A person is an associate of an individual if the person—(a)is a member of the individual’s family; or(b)has entered into a business arrangement or relationship with the individual for the provision of prostitution; or(c)is the owner or lessor, either alone or jointly, of premises used or proposed to be used for the provision of prostitution under a licence.(2)A person is an associate of a body corporate if the person is an executive officer of the body corporate.
7 Meaning of interest in a brothel
(1)A person has an interest in a brothel if the person—(a)is the licensee of the brothel; or(b)is a member of the family of the licensee of the brothel; or(c)is an approved manager of the brothel; or(d)is a member of the family of an approved manager of the brothel; or(e)is the owner, either alone or jointly, of premises used by the licensee of the brothel for the provision of prostitution; or(f)is a member of the family of an owner mentioned in paragraph (e); or(g)is the lessor of the premises used by the licensee of the brothel for the provision of prostitution; or(h)is a member of the family of a lessor mentioned in paragraph (g); or(i)has entered into a business arrangement or relationship with another person for the provision of prostitution at the brothel; or(j)directly receives income from the provision of prostitution at the brothel; or(k)is able to exercise a significant influence over the operations of, or in relation to the provision of prostitution at, the brothel; or(l)is an executive officer of a body corporate that is a person mentioned in paragraphs (e), (g), (i), (j) or (k).(2)If a financial institution is a mortgagee of premises used by the licensee of a brothel for the provision of prostitution, the institution does not have an interest in a brothel only because the institution is a mortgagee of the premises.(3)For subsection (1)(i), (j) and (k), a prostitute does not have an interest in a brothel merely because the prostitute is entitled by way of remuneration to a proportion of the payments made for the provision of prostitution by the prostitute at the brothel.
Part 3 Licensing system
Division 1 Brothel licences
Subdivision 1 Application for licence
8 Who is ineligible for a brothel licence
A person is ineligible to apply for a brothel licence if the person—(a)is a corporation; or(b)is a minor; or(c)is an insolvent under administration; or(d)holds a licence or permit under the Liquor Act 1992; or(e)has been convicted of a disqualifying offence; or(f)has had a licence or other authority under this Act or a corresponding law to provide prostitution at a brothel cancelled in the last 3 years; or(g)has had a certificate or other authority under this Act or a corresponding law to manage a brothel cancelled in the last 3 years; or(h)is subject to an order of the Authority declaring the person to be ineligible to apply for a licence.Note—
The provision of prostitution at a brothel other than in a way permitted under this Act may constitute an offence under the Criminal Code.
9 Person may hold only 1 brothel licence
A person is not entitled to apply for, or eligible to be granted, more than 1 licence.
10 Application for licence
(1)A person who is eligible to apply for a licence may apply to the Authority for a licence.(2)The application must—(a)be in the approved form; and(b)be accompanied by the application fee and the licence fee prescribed under a regulation; and(c)state the following information—(i)the applicant’s name, address, occupation and date of birth;(ii)the address of the premises at which, and the name or names under which, the applicant proposes to operate a brothel;(iii)whether the applicant proposes to operate the brothel in partnership, or otherwise in association, with someone else and if so, the person’s name, address and occupation and, if known to the applicant, the person’s date of birth;(iv)the name, address and occupation of the owner of the premises at which the applicant proposes to operate the brothel and, if known to the applicant, the owner’s date of birth;(v)the names, addresses and occupations of all associates of the applicant and, if known to the applicant, their dates of birth;(vi)anything else prescribed under a regulation.
11 Updating of application
(1)This section applies if, before a licence application is decided, the applicant becomes aware of a change in the information given at any time by the applicant for the application.(2)The applicant must, within 10 days after becoming aware of the change, give particulars of the change to the Authority by signed notice.Maximum penalty for subsection (2)—60 penalty units.
12 Withdrawal of application
(1)An applicant for a licence may withdraw his or her application at any time before the licence is issued.(2)If an application for a licence is withdrawn by the applicant or rejected by the Authority, the Authority—(a)may, at its discretion, direct the refund of the whole or part of the application fee; and(b)must direct the refund of the licence fee.
13 Applicant to consent to identifying particulars being taken
(1)The applicant must consent to having all or any of the applicant’s identifying particulars taken by the Authority or a member of the police service.(2)The Authority must refuse to consider an application for a licence if the applicant refuses to allow the applicant’s identifying particulars to be taken.(3)The Authority must refer any identifying particulars taken to the commissioner and must not itself keep a copy of the particulars.(4)Identifying particulars taken under this section may be used only to decide whether an applicant should be granted a licence or to identify a person to whom a licence has been granted and for no other purpose.
14 Application to be referred to commissioner
(1)The Authority must give to the commissioner any particulars it considers relevant for each application for a licence.(2)On receiving particulars of the application, the commissioner—(a)must make inquiries about the applicant’s criminal history; and(b)must make any other inquiries about the application that the commissioner considers appropriate; and(c)by notice, may require the applicant to attend at a stated time and place to provide all or any of the applicant’s identifying particulars.(3)The commissioner must report to the Authority after receiving the results of the inquiries.(4)The commissioner’s report may include recommendations.(5)The commissioner’s report must include reference to or disclosure of convictions of the person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6.
15 Consideration of application
(1)The Authority must consider every application for a licence by a person who is eligible to apply.(2)However, the Authority is not obliged to consider an application until a development approval has been given for a material change of use of the premises to which the application relates for a brothel.(3)In considering an application, the Authority may—(a)conduct the inquiries it considers appropriate; and(b)by notice, require the applicant to give further information the Authority considers relevant to the application within a stated reasonable time, not less than 14 days after the notice is given; and(c)consider—(i)whether any other licences or adult entertainment permits have been granted in the locality in which the proposed brothel is to be situated; and(ii)the extent to which the character of the locality may be affected if the application were granted; and(d)seek advice and information on the application from any other entity it considers appropriate.(4)An applicant is taken to have withdrawn the application if the applicant fails to give the further information required by the Authority under subsection (3)(b) within the time stated in the notice.(5)The Authority is not required to conduct a hearing to decide whether to grant a licence or refuse to grant a licence.
16 When Authority must refuse application
(1)The Authority must refuse to grant a licence if the Authority is satisfied that the applicant—(a)is not a suitable person to operate a licensed brothel; or(b)has an interest in another licensed brothel; or(c)holds a licence or a permit under the Liquor Act 1992.(2)Also, the Authority must refuse to grant a licence if, after considering the matters mentioned in section 15(3)(c), it considers that, if the application were granted, the combined total of licensed brothels and premises permitted to provide adult entertainment in the locality in which the brothel is to be situated would substantially affect the character of the locality.Example of character of locality being substantially affected—
locality becoming a ‘red light district’
17 Suitability of applicant
(1)In deciding whether an applicant for a licence is a suitable person to operate a licensed brothel, the Authority must consider all relevant matters including the following—(a)the applicant’s reputation, having regard to character, honesty and integrity;(b)whether the applicant has been convicted of an offence against this Act or a corresponding law;(c)whether the applicant has been convicted of an indictable offence;(d)whether the applicant has been convicted of an offence, the circumstances of which constituted the running of a brothel;(e)whether the applicant has been charged with any offence of a sexual nature that involves violence, intimidation, threats or children, including the circumstances surrounding the laying of the charge and whether proceedings in relation to the charge are continuing or have been discontinued;(f)whether the applicant has, or is or will be able to obtain, financial resources that are adequate to ensure the financial viability of the brothel;(g)whether the applicant will have in place arrangements to ensure the safety of persons directly involved in providing prostitution and that otherwise comply with the requirements of this Act;(h)whether the business structure for the operation of the brothel is sufficiently transparent to enable all associates of the applicant, whether individuals or bodies corporate, to be readily identified;(i)whether the applicant is an associate of a person who has been convicted of a disqualifying offence or an indictable offence;(j)whether the applicant is an associate of a body corporate, an executive officer of which has been convicted of a disqualifying offence or an indictable offence;(k)whether the applicant is an associate of a person who holds a licence or a permit under the Liquor Act 1992;(l)any other matter prescribed under a regulation.(2)For subsection (1)(d) or (e), it does not matter whether the offence is alleged to have been committed in Queensland or elsewhere.(3)For subsection (1)(h), (i), (j) or (k), the applicant may arrange for the Authority to obtain information directly from a person who is or may be an associate of the applicant.(4)The Authority must not decide that an applicant for a licence is not a suitable person to operate a licensed brothel because the applicant has worked as a prostitute.
18 Grant or refusal of licence
(1)The Authority must consider an application for a licence and either—(a)grant the licence, with or without conditions or restrictions; or(b)refuse to grant the licence.(2)If the Authority decides to grant the licence, the Authority must promptly give the applicant the licence.(3)However, the applicant may ask the Authority to postpone giving the licence to the applicant until the happening of an event.Examples of happening of an event—
1Development permit for the brothel is issued.2Premises to be operated as a brothel are constructed.(4)If the Authority is satisfied that it is reasonable in the circumstances to postpone giving the licence to the applicant, the Authority must postpone giving the licence for the period decided by the Authority.(5)The Authority may extend the period of time it sets under subsection (4).(6)If the Authority decides to refuse to grant the licence, the Authority must give the applicant a notice stating—(a)the decision; and(b)subject to section 138, the reasons for the decision.
19 The licence
(1)A licence authorises the holder of the licence to operate a brothel only at the premises stated in the licence, subject to the Planning Act.(2)A licence may not authorise the holder to operate a brothel at more than 1 premises.(3)Any act of prostitution authorised under a licensee’s licence may take place only at the premises stated in the licence.(4)A licence is for the term of 3 years unless it is sooner surrendered, suspended or cancelled.(5)A licence—(a)is personal to the licensee; and(b)is not transferable to any other person; and(c)does not vest by operation of law in any other person; and(d)is subject to the following conditions or restrictions—(i)the licensee must pay, by the day prescribed under a regulation, the annual licence fee and the annual licence return fee prescribed under the regulation;(ii)the licensee must, by the day prescribed under a regulation, give the Authority an annual return, in the approved form, about the information given for the application for the licence;(iii)any other conditions or restrictions set out in the licence or prescribed under a regulation.(6)Section 14, with necessary changes, applies to an annual return as if—(a)the annual return were an application for a licence; and(b)the licensee were an applicant for a licence.
20 Requirement to notify changes in information given
(1)This section applies if a licensee becomes aware of a change in the information given at any time by the licensee for the application for the licence.(2)The licensee must, within 10 days after becoming aware of the change, give particulars of the change to the Authority by signed notice.Example of change—
change in owner of premisesMaximum penalty for subsection (2)—60 penalty units.
21 Amendment of licence conditions or restrictions
(1)The Authority may at any time—(a)vary or revoke a condition or restriction to which a licence is subject; or(b)add a new condition or restriction to a licence.(2)The Authority may act under subsection (1)—(a)on its own initiative; or(b)on the application of the licensee; or(c)on the application of a police officer.(3)Subsection (1) does not apply to a condition or restriction prescribed under a regulation.(4)If a condition or restriction prescribed under a regulation is amended, the Authority must promptly give each licensee affected by the amendment notice of the amendment.
22 Endorsement of licence
(1)This section applies if—(a)an existing condition or restriction to which a licence is subject is varied or revoked; or(b)a new condition or restriction is added to a licence.(2)The Authority may require the licensee to produce the licence for endorsement of the variation, revocation or addition.(3)The licensee must comply with the requirement.Maximum penalty for subsection (3)—10 penalty units.
23 Renewal of licence
(1)A licensee may apply to the Authority for the renewal of the licensee’s licence at least 3 months before the licence ends.(2)The application for renewal must—(a)be in the approved form; and(b)be accompanied by the renewal fee prescribed under a regulation.(3)Sections 10 to 12 and 14 to 18 apply, with necessary changes, to the application for renewal of the licence as if it were an application for a licence.(4)The Authority must make a decision on an application for the renewal of a licence within 3 months after the application is made.
Subdivision 2 Licence cancellation and disciplinary action
24 Definition for sdiv 2
In this subdivision—licensee includes a person who has surrendered a licence and to whom section 31(3) applies.
24A Payment of fee by payment plan
(1)This section applies if, due to financial hardship caused by exceptional circumstances, a licensee is unable to pay the annual licence fee or the annual licence return fee for the licensee’s licence by the prescribed day.(2)Despite section 19(5)(d)(i), a licensee may apply to the Authority to pay the annual licence fee or the annual licence return fee under a payment plan decided by the Authority.(3)An application under subsection (2) must be in the approved form.(4)The Authority may enter into a payment plan with the licensee if the Authority is satisfied that, having regard to financial hardship caused by exceptional circumstances, the licensee is unable to pay the annual licence fee or the annual licence return fee for the licensee’s licence by the prescribed day.(5)If the licensee pays the annual licence fee or the annual licence return fee under the payment plan, the licensee is taken to have paid the annual licence fee or the annual licence return fee by the prescribed day.(6)In this section—exceptional circumstances means unforeseen circumstances that adversely affect the premises stated in the licensee’s licence as the premises where the licensee is authorised to operate a brothel.Example of unforeseen circumstances—
natural disaster or fire
24B Automatic suspension of licence
(1)This section applies if a licensee—(a)has failed to pay the annual licence fee or the annual licence return fee for the licence by the prescribed day; and(b)has not entered into a payment plan decided by the Authority under section 24A.(2)The licensee’s licence is automatically suspended for 28 days (the suspension period) starting the day after the prescribed day.(3)The suspension of the licence ends if—(a)the annual licence fee or the annual licence return fee for the licence is paid during the suspension period; or(b)the licensee enters into a payment plan decided by the Authority under section 24A.
25 Automatic cancellation of licence
A licence is automatically cancelled if the licensee—(a)is convicted of—(i)a disqualifying offence; or(ii)an offence against the Criminal Code, chapter 22A; or(iii)an offence of giving false or misleading information or documents under this Act; or(b)becomes an insolvent under administration; or(c)fails to pay the annual licence fee or the annual licence return fee for the licensee’s licence during the suspension period for the licence; or(d)if the licensee has entered into a payment plan decided by the Authority under section 24A—fails to pay the annual licence fee or the annual licence return fee for the licence under the payment plan.
26 Investigating disciplinary action
(1)The Authority may conduct an inquiry (disciplinary inquiry) to decide whether there are grounds for taking disciplinary action against a licensee.(2)For subsection (1), the Authority may act on its own initiative, or on the application of the commissioner or an authorised officer of a relevant local government.
27 Grounds for disciplinary action
The following are grounds for taking disciplinary action against a licensee—(a)the licensee has been charged with or convicted of an offence in Queensland or elsewhere;(b)a person who has an interest in the licensee’s brothel—(i)has been charged with or convicted of an offence against this Act or a corresponding law; or(ii)has been charged with or convicted of an offence in Queensland or elsewhere for which the penalty may be a term of imprisonment;
(c)the provision of prostitution under the licensee’s licence contravenes a condition or restriction to which the licence or the certificate of the approved manager of the brothel is subject;(d)the licensed brothel is or has been managed in a way that makes it desirable that action should be taken against the licensee.
27A Authority may conduct disciplinary inquiry by hearing or on correspondence
The Authority may conduct a disciplinary inquiry by hearing or on correspondence.
27B Disciplinary inquiry notice
(1)If the Authority decides to conduct a disciplinary inquiry, it must give notice of its intention to conduct the inquiry (a disciplinary inquiry notice) to—(a)the licensee; and(b)any person who makes an application under section 26(2).(2)A disciplinary inquiry notice must—(a)be in the approved form; and(b)state all of the following—(i)the ground for the disciplinary action against the licensee;(ii)the facts and circumstances forming the basis for the ground;(iii)whether the Authority will be conducting the inquiry by hearing or on correspondence;(iv)if the Authority will be conducting the inquiry by hearing—the date of the hearing;(v)if the Authority will be conducting the inquiry on correspondence that—(A)the licensee may give the Authority a written submission about the ground; and(B)the submission must be made within the stated period for making a submission;(vi)that if the licensee fails to attend on the date of the hearing stated in the notice, or does not make a submission in accordance with subparagraph (v), the Authority may—(A)continue the inquiry; and(B)make a decision about whether the ground for disciplinary action is established.(3)For subsection (2)(b)(v)(B), the stated period for making a submission must be at least 30 days from the day the notice is given to the licensee unless—(a)the Authority is satisfied—(i)urgent circumstances exist for the submission to be made within that time; and(ii)it is reasonable in the circumstances; or(b)any person who made an application under section 26(2) applies to the Authority for the submission to be made within that time and the Authority is satisfied it is reasonable in the circumstances.
28 Starting disciplinary inquiry
(1)If the Authority decides to conduct a disciplinary inquiry in relation to a licensee by hearing, the Authority must not start the inquiry before the date of the hearing stated in the disciplinary inquiry notice given under section 27B for the inquiry.(2)The date of the hearing must be at least 30 days from the day the notice is given to the licensee unless—(a)the Authority is satisfied—(i)urgent circumstances exist for the inquiry to be started within that time; and(ii)it is reasonable in the circumstances; or(b)any person who made an application under section 26(2) applies to the Authority for the inquiry to be started within that time and the Authority is satisfied it is reasonable in the circumstances.(3)Subsection (4) applies if—(a)a licensee is given a disciplinary inquiry notice under section 27B for a disciplinary inquiry in relation to the licensee; and(b)the licensee applies in the approved form to the Authority for the inquiry to be started before the date stated in the notice as the date of the hearing of the inquiry.(4)The Authority may start the inquiry before the date stated in the notice as the date of the hearing of the inquiry if the Authority—(a)is satisfied that it is reasonable in the circumstances; and(b)gives notice of the date of the hearing decided by the Authority under this subsection to—(i)the licensee; and(ii)any person who made an application under section 26(2).
28A Procedure for disciplinary inquiry by hearing
(1)If the Authority decides to conduct a disciplinary inquiry by hearing, the hearing must be closed to the public.(2)The Authority must decide the matter in the way it considers appropriate, but must—(a)observe natural justice; and(b)act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.(3)The Authority—(a)is not bound by the rules of evidence; and(b)may inform itself in the way, and to the extent, the Authority considers appropriate; and(c)may decide the procedures to be followed for the proceedings; and(d)may receive evidence on oath or by statutory declaration.(4)The chairperson of the Authority, or a member of the Authority permitted by the chairperson, may administer an oath to a person appearing before the Authority.
28B Power of Authority to continue disciplinary inquiry in particular circumstances
(1)This section applies if a licensee does not—(a)if the licensee is given a notice under section 27B stating the Authority will be conducting a disciplinary inquiry in relation to the licensee by hearing—attend the hearing on the date of the hearing stated in the notice; or(b)if the licensee is given a notice under section 27B stating the Authority will be conducting a disciplinary inquiry in relation to the licensee on correspondence—make a submission in accordance with the requirements stated in the notice under section 27B(2)(b)(v); or(c)if the licensee is given a notice under section 28D—give the information required by the notice.(2)The Authority may—(a)continue the disciplinary inquiry; and(b)make a decision about whether the ground for disciplinary action is established.
28C Failure to take oath or answer question
(1)At a hearing of a disciplinary inquiry in relation to a licensee, the licensee must not—(a)fail to take an oath or make an affirmation when required by the Authority; or(b)fail, without reasonable excuse, to answer a question the Authority requires the licensee to answer.Maximum penalty—60 penalty units.
(2)For subsection (1)(b), it is a reasonable excuse for a licensee to fail to answer a question, if answering the question might tend to incriminate the licensee.
28D Authority may require information relevant to disciplinary inquiry
(1)For conducting a disciplinary inquiry, the Authority may, by notice given to the licensee or another person, require the licensee or person to give the Authority information, including a document, relevant to the inquiry.(2)If a document is given to the Authority under subsection (1), the Authority may make a copy of, or take an extract from, it.(3)A person given a notice under subsection (1) must not fail, without a reasonable excuse, to give the Authority the information the person is required to give by the notice.Maximum penalty—60 penalty units.
(4)For subsection (3), it is a reasonable excuse for an individual to fail to give information, if giving the information might tend to incriminate the individual.
28E Attendance notice
(1)The Authority may, by notice given to a relevant person (an attendance notice), require the person—(a)to attend a hearing at a stated time and place to give evidence; or(b)to produce stated documents or other things at a hearing.(2)For subsection (1), the Authority may act on its own initiative or on the application, in the approved form, of a licensee.(3)If a document is given to the Authority under subsection (1), the Authority may make a copy of, or take an extract from, it.(4)A person given an attendance notice must not fail, without reasonable excuse—(a)to attend as required by the notice; or(b)to continue to attend as required by the Authority until excused from further attendance.Maximum penalty—60 penalty units.
(5)Also, at a hearing, a person appearing as a witness must not—(a)fail to take an oath or make an affirmation when required by the Authority; or(b)fail, without reasonable excuse, to answer a question the Authority requires the person to answer; or(c)fail, without reasonable excuse, to produce a document or other thing the person is required to produce by an attendance notice.Maximum penalty—60 penalty units.
(6)It is a reasonable excuse for an individual to fail to answer a question or to produce a document or other thing, if answering the question or producing the document or thing might tend to incriminate the individual.(7)In this section—relevant person means a person the Authority considers has information relevant to the disciplinary inquiry conducted about a licensee.
28F Substituted service on licensee or relevant person
(1)If the Authority is satisfied service of a notice given to a licensee under section 27B or relevant person under section 28E can not be effected on the licensee or relevant person under the provision, the Authority may order substituted service of the notice.(2)Substituted service may be effected in any way ordered, including, for example, by facsimile or telephone.(3)If the licensee or relevant person is served with a notice as ordered by the Authority under subsection (1), the notice is taken to have been given to the licensee under section 27B or relevant person under section 28E.
29 Disciplinary powers of Authority
(1)The Authority’s power under this section is in addition to any other powers of the Authority under this Act.(2)The Authority may, if satisfied there are grounds for taking disciplinary action against a licensee, by notice given to the licensee, do 1 or more of the following—(a)reprimand the licensee;(b)add a condition or restriction to the licensee’s licence;(c)require the licensee to enter into an undertaking to perform, or not to perform, particular tasks to be specified in the undertaking;(d)require the licensee to comply with a requirement specified by the Authority within or for a specified time;(e)order the licensee to pay into the fund an amount that is not more than the monetary value of 135 penalty units;(f)suspend the licensee’s licence for a specified period of not more than 1 year;(g)cancel the licensee’s licence;(h)order that the licensee be ineligible to apply for a licence or be an approved manager either permanently or for a specified period.(3)If the Authority orders the licensee to pay an amount into the fund—(a)it may order that the amount be paid by a specified date; and(b)if the amount is not paid by a specified date, it may suspend the licence until the amount is paid and set a final payment date; and(c)if the amount has not been paid by the final date, it may cancel the licensee’s licence; and(d)it may at any time extend the period of time it sets for the payment of the amount.(4)If the licensee does not pay the amount within the time allowed, the executive director may recover the amount as a debt from the licensee.(5)This section is subject to section 30.
30 Disciplinary powers limited for certain licensees
(1)The only action the Authority may take solely on the ground that a licensee has been charged with an offence is to suspend the licensee’s licence.(2)The Authority must immediately remove the suspension if—(a)the charge is withdrawn; or(b)the licensee is not convicted of the offence.(3)The only action the Authority may take solely on the ground that a person who has an interest in a licensee’s brothel has been charged with an offence is to do 1 or more of the things mentioned in section 29(2)(b), (c) or (d).(4)If a licensee has surrendered the licensee’s licence, the only action the Authority may take against the licensee is to make an order under section 29(2)(h).
Subdivision 3 Other provisions about licences
31 Surrender of licence
(1)A licensee may surrender the licensee’s licence by signed notice given to the Authority.(2)The surrender of the licence takes effect on the day the notice of surrender is given to the Authority or, if a later day of effect is stated in the notice, the later day.(3)However, if the Authority has decided to conduct a disciplinary inquiry in relation to a licensee, the Authority may, subject to section 30(4), exercise its disciplinary powers in relation to the licensee despite the surrender of the licence.
32 Surrendered, suspended or cancelled licence must be returned
(1)This section applies if a licensee surrenders the licensee’s licence or the Authority suspends or cancels a licensee’s licence under this Act.(2)The person to whom the licence was granted must return the licence to the Authority within 7 days after the person surrenders the licence or becomes aware of the suspension or cancellation.Maximum penalty for subsection (2)—10 penalty units.
33 When Authority can authorise approved manager to act as licensee
(1)This section applies if a licensee—(a)dies; or(b)becomes incapable of discharging the duties of a licensee because of physical or mental incapacity.(2)An approved manager may apply to the Authority for authorisation to act as licensee of the brothel specified in the licensee’s licence.(3)If the Authority is satisfied that subsection (1) applies to the licensee, the Authority may—(a)authorise the approved manager to act as licensee for a specified period, not more than 6 months; and(b)if the licensee’s licence would otherwise expire during the period authorised under paragraph (a), extend the licence to the day the period ends.(4)The Authority may extend a period mentioned under subsection (3) if it is satisfied it is reasonable in the circumstances to do so.(5)If the period for which the approved manager is authorised to act as licensee extends beyond the day the licence would otherwise expire, the licence fee prescribed under a regulation, worked out on a proportionate basis, is payable for the period after the licence would otherwise expire.(6)The Authority must endorse the licence to show that the approved manager is acting as licensee for the period endorsed on the licence.(7)The approved manager, while acting as licensee, is subject to the obligations of a licensee under this Act.(8)This section does not limit a power to surrender, suspend or cancel a licence.
Division 2 Approved managers
Subdivision 1 Application for certificate
34 Who is ineligible for a certificate
A person is ineligible to apply for an approved manager’s certificate if the person—(a)is a corporation; or(b)is a minor; or(c)is an insolvent under administration; or(d)holds a licence or permit under the Liquor Act 1992; or(e)has been convicted of a disqualifying offence; or(f)has had a licence or other authority under this Act or a corresponding law to provide prostitution at a brothel cancelled in the last 3 years; or(g)has had a certificate or other authority under this Act or a corresponding law to manage a brothel cancelled in the last 3 years; or(h)is subject to an order of the Authority declaring the person to be ineligible to apply for a certificate.
35 Application for certificate
(1)A person who is eligible to apply for a certificate may apply to the Authority for a certificate.(2)The application must—(a)be in the approved form; and(b)be accompanied by the application fee and the certificate fee prescribed under a regulation; and(c)state the following information—(i)the applicant’s name, address, occupation and date of birth;(ii)the names, addresses and occupations of all associates of the applicant and, if known to the applicant, their dates of birth;(iii)anything else prescribed under a regulation.
36 Updating of application
(1)This section applies if, before a certificate application is decided, the applicant becomes aware of a change in the information given at any time by the applicant for the application.(2)The applicant must, within 10 days after becoming aware of the change, give particulars of the change to the Authority by signed notice.Maximum penalty for subsection (2)—60 penalty units.
37 Withdrawal of application
(1)An applicant for a certificate may withdraw his or her application at any time before the certificate is issued.(2)If an application for a certificate is withdrawn by the applicant or rejected by the Authority, the Authority—(a)may, at its discretion, direct the refund of the whole or part of the application fee; and(b)must direct the refund of the certificate fee.
38 Applicant to consent to identifying particulars being taken
(1)The applicant must consent to having all or any of the applicant’s identifying particulars taken by the Authority or a member of the police service.(2)The Authority must refuse to consider an application for a certificate if the applicant refuses to allow the applicant’s identifying particulars to be taken.(3)The Authority must refer any identifying particulars taken to the commissioner and must not itself keep a copy of the particulars.(4)Identifying particulars taken under this section may be used only to decide whether an applicant should be granted a certificate or to identify a person to whom a certificate has been granted and for no other purpose.
39 Application to be referred to commissioner
(1)The Authority must give to the commissioner any particulars it considers relevant for each application for a certificate.(2)On receiving particulars of the application, the commissioner—(a)must make inquiries about the applicant’s criminal history; and(b)must make any other inquiries about the application that the commissioner considers appropriate; and(c)by notice, may require the applicant to attend at a stated time and place to provide all or any of the applicant’s identifying particulars.(3)The commissioner must report to the Authority after receiving the results of the inquiries.(4)The commissioner’s report may include recommendations.(5)The commissioner’s report must include reference to or disclosure of convictions of the person mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6.
40 Consideration of application
(1)The Authority must consider every application for a certificate by a person who is eligible to apply.(2)In considering an application, the Authority may—(a)conduct the inquiries it considers appropriate; and(b)by notice, require the applicant to give further information the Authority considers relevant to the application within a stated reasonable time, not less than 14 days after the notice is given; and(c)seek advice and information on the application from any other entity it considers appropriate.(3)An applicant is taken to have withdrawn the application if the applicant fails to give the further information required by the Authority under subsection (2)(b) within the time stated in the notice.(4)The Authority is not required to conduct a hearing to decide whether to grant a certificate or refuse to grant a certificate.
41 When Authority must refuse application
The Authority must refuse to grant a certificate if the Authority is satisfied that the applicant—(a)is not a suitable person to be an approved manager of a licensed brothel; or(b)has an interest in another licensed brothel, otherwise than as an approved manager of the brothel.
42 Suitability of applicant
(1)In deciding whether an applicant for a certificate is a suitable person to be an approved manager of a licensed brothel, the Authority must consider all relevant matters including the following—(a)the applicant’s reputation, having regard to character, honesty and integrity;(b)whether the applicant has been convicted of an offence against this Act or a corresponding law;(c)whether the applicant has been convicted of an indictable offence;(d)whether the applicant has been convicted of an offence, the circumstances of which constituted the running of a brothel;(e)whether the applicant is an associate of a person who has been convicted of a disqualifying offence or an indictable offence;(f)whether the applicant is an associate of a body corporate, an executive officer of which has been convicted of a disqualifying offence or an indictable offence;(g)whether the applicant has been charged with any offence of a sexual nature that involves violence, intimidation, threats or children, including the circumstances surrounding the laying of the charge and whether proceedings in relation to the charge are continuing or have been discontinued;(h)any other matter prescribed under a regulation.(2)For subsection (1)(d) or (g), it does not matter whether the offence is alleged to have been committed in Queensland or elsewhere.
(3)The Authority must not decide that an applicant for a certificate is not a suitable person to be an approved manager of a licensed brothel only because the applicant has worked as a prostitute.
43 Grant or refusal of certificate
(1)The Authority must consider an application for a certificate and either—(a)grant the certificate, with or without conditions or restrictions; or(b)refuse to grant the certificate.(2)If the Authority decides to grant the certificate, the Authority must promptly give the applicant the certificate.(3)However, the applicant may ask the Authority to postpone giving the certificate to the applicant until the happening of an event.Example of happening of an event—
brothel commences operation(4)If the Authority is satisfied that it is reasonable in the circumstances to postpone giving the certificate to the applicant, the Authority must postpone giving the certificate for the period decided by the Authority.(5)The Authority may extend the period of time it sets under subsection (4).(6)If the Authority decides to refuse to grant the certificate, the Authority must give the applicant a notice stating—(a)the decision; and(b)subject to section 138, the reasons for the decision.
44 The certificate
(1)A certificate authorises the holder of the certificate to be an approved manager of a licensed brothel at the premises stated in the certificate.(2)A certificate may authorise the holder to be an approved manager of more than 1 licensed brothel.(3)A certificate is for the term of 3 years unless it is sooner surrendered, suspended or cancelled.(4)A certificate—(a)is personal to the person approved as manager; and(b)is not transferable to any other person; and(c)does not vest by operation of law in any other person; and(d)is subject to the following conditions or restrictions—(i)the holder of the certificate must pay, by the day prescribed under a regulation, the annual certificate fee and the annual return fee prescribed under the regulation;(ii)the holder of the certificate must, by the day prescribed under a regulation, give the Authority an annual return, in the approved form, about the information given for the application for the certificate;(iii)any other conditions or restrictions set out in the certificate or prescribed under a regulation.(5)Section 39, with necessary changes, applies to an annual return as if—(a)the annual return were an application for a certificate; and(b)the holder of the certificate were an applicant for a certificate.
45 Requirement to notify changes in information given
(1)This section applies if an approved manager of a licensed brothel or the brothel’s licensee becomes aware of a change in the information given at any time by the manager or the licensee for the application for a certificate.(2)The approved manager or the licensee must, within 10 days after becoming aware of the change, give particulars of the change to the Authority by signed notice.Example of change—
change in owner of premisesMaximum penalty for subsection (2)—60 penalty units.
46 Variation of certificate
(1)An approved manager may at any time apply to the Authority to vary the certificate by altering or adding to the premises stated in the certificate for which the manager is approved.(2)The application for variation must—(a)be in the approved form; and(b)be accompanied by the variation fee prescribed under a regulation.(3)The Authority must consider the application for variation and either—(a)vary the certificate; or(b)refuse to vary the certificate.(4)If the Authority decides to vary the certificate, the Authority must promptly vary the certificate.(5)If the Authority decides to refuse to vary the certificate, the Authority must give the applicant a notice stating—(a)the decision; and(b)subject to section 138, the reasons for the decision.
47 Amendment of certificate conditions or restrictions
(1)The Authority may at any time—(a)vary or revoke a condition or restriction to which a certificate is subject; or(b)add a new condition or restriction to a certificate.(2)The Authority may act under subsection (1)—(a)on its own initiative; or(b)on the application of the approved manager; or(c)on the application of a police officer.(3)Subsection (1) does not apply to a condition or restriction prescribed under a regulation.(4)If a condition or restriction prescribed under a regulation is amended, the Authority must promptly give each approved manager affected by the amendment notice of the amendment.
48 Endorsement of certificate
(1)This section applies if—(a)a certificate is varied; or(b)an existing condition or restriction to which a certificate is subject is varied or revoked; or(c)a new condition or restriction is added to a certificate.(2)The Authority may require the approved manager to produce the certificate for endorsement of the variation, revocation or addition.(3)The approved manager must comply with the requirement.Maximum penalty for subsection (3)—10 penalty units.
49 Renewal of certificate
(1)An approved manager may apply to the Authority for the renewal of the manager’s certificate at least 1 month before the certificate ends.(2)The application for renewal must—(a)be in the approved form; and(b)be accompanied by the renewal fee prescribed under a regulation.(3)Sections 35 to 37 and 39 to 43 apply, with necessary changes, to the application for renewal of the certificate as if it were an application for a certificate.(4)The Authority must make a decision on an application for the renewal of a certificate within 1 month after the application is made.
Subdivision 2 Certificate cancellation and disciplinary action
50 Definition for sdiv 2
In this subdivision—approved manager includes a person who has surrendered a certificate and to whom section 57(3) applies.
50A Payment of fee by payment plan
(1)This section applies if, due to financial hardship caused by exceptional circumstances, an approved manager is unable to pay the annual certificate fee or the annual return fee for the approved manager’s certificate by the prescribed day.(2)Despite section 44(4)(d)(i), the approved manager may apply to the Authority to pay the annual certificate fee or the annual return fee under a payment plan decided by the Authority.(3)An application under subsection (2) must be in the approved form.(4)The Authority may enter into a payment plan with the approved manager if the Authority is satisfied that, having regard to financial hardship caused by exceptional circumstances, the approved manager is unable to pay the annual certificate fee or the annual return fee for the approved manager’s certificate by the prescribed day.(5)If the approved manager pays the annual certificate fee or the annual return fee under the payment plan, the approved manager is taken to have paid the annual certificate fee or the annual return fee by the prescribed day.(6)In this section—exceptional circumstances means unforeseen circumstances that adversely affect premises stated in the approved manager’s certificate as premises of a licensed brothel for the approved manager.Example of unforeseen circumstances—
natural disaster or fire
50B Automatic suspension of certificate
(1)This section applies if an approved manager—(a)has failed to pay the annual certificate fee or the annual return fee for the certificate by the prescribed day; and(b)has not entered into a payment plan decided by the Authority under section 50A.(2)The approved manager’s certificate is automatically suspended for 28 days (the suspension period) starting the day after the prescribed day.(3)The suspension of the certificate ends if—(a)the annual certificate fee or the annual return fee for the certificate is paid during the suspension period; or(b)the approved manager enters into a payment plan decided by the Authority under section 50A.
51 Automatic cancellation of certificate
A certificate is automatically cancelled if the approved manager—(a)is convicted of—(i)a disqualifying offence; or(ii)an offence against the Criminal Code, chapter 22A, (other than section 229M); orEditor’s note—
Criminal Code, section 229M (Police officer may require person to provide name and address etc.) was omitted 2000 Act No. 5 s 461 sch 3.(iii)an offence of giving false or misleading information or documents under this Act; or(b)becomes an insolvent under administration; or(c)fails to pay the annual certificate fee or the annual return fee for the certificate during the suspension period for the certificate; or(d)if the approved manager has entered into a payment plan decided by the Authority under section 50A—fails to pay the annual certificate fee or the annual return fee for the certificate under the payment plan.
52 Investigating disciplinary action
(1)The Authority may conduct an inquiry (disciplinary inquiry) to decide whether there are grounds for taking disciplinary action against an approved manager.(2)For subsection (1), the Authority may act on its own initiative, or on the application of the commissioner or an authorised officer of a relevant local government.
53 Grounds for disciplinary action
The following are grounds for taking disciplinary action against an approved manager—(a)the approved manager has been charged with or convicted of an offence in Queensland or elsewhere;(b)the provision of prostitution under the licence of the brothel that the manager manages contravenes a condition or restriction to which the licence or the manager’s certificate is subject;(c)the brothel that the manager manages is or has been managed in a way that makes it desirable that action should be taken against the approved manager.
53A Authority may conduct disciplinary inquiry by hearing or on correspondence
The Authority may conduct a disciplinary inquiry by hearing or on correspondence.
53B Disciplinary inquiry notice
(1)If the Authority decides to conduct a disciplinary inquiry, it must give notice of its intention to conduct the inquiry (a disciplinary inquiry notice)—(a)to the approved manager; and(b)any person who makes an application under section 52(2).(2)A disciplinary inquiry must—(a)be in the approved form; and(b)state all of the following—(i)the ground for the disciplinary action against the approved manager;(ii)the facts and circumstances forming the basis for the ground;(iii)whether the Authority will be conducting the inquiry by hearing or on correspondence;(iv)if the Authority will be conducting the inquiry by hearing—the date of the hearing;(v)if the Authority will be conducting the inquiry on correspondence, that—(A)the approved manager may give the Authority a written submission about the ground; and(B)the submission must be made within the stated period for making a submission;(vi)that if the approved manager fails to attend on the date of the hearing stated in the notice, or does not make a submission in accordance with subparagraph (v), the Authority may—(A)continue the inquiry; and(B)make a decision about whether the ground for disciplinary action is established.(3)For subsection (2)(b)(v)(B), the stated period for making a submission must be at least 30 days from the day the notice is given to the approved manager unless—(a)the Authority is satisfied—(i)urgent circumstances exist for the submission to be made within that time; and(ii)it is reasonable in the circumstances; or(b)any person who made an application under section 52(2) applies to the Authority for the submission to be made within that time and the Authority is satisfied it is reasonable in the circumstances.
54 Starting disciplinary inquiry
(1)If the Authority decides to conduct a disciplinary inquiry in relation to an approved manager by hearing, the Authority must not start the inquiry before the date of the hearing stated in the disciplinary inquiry notice given under section 53B for the inquiry.(2)The date of the hearing must be at least 30 days from the day the notice is given to the approved manager unless—(a)the Authority is satisfied—(i)urgent circumstances exist for the inquiry to be started within that time; and(ii)it is reasonable in the circumstances; or(b)any person who made an application under section 52(2) applies to the Authority for the inquiry to be started within that time and the Authority is satisfied it is reasonable in the circumstances.(3)Subsection (4) applies if—(a)an approved manager is given a disciplinary inquiry notice under section 53B for a disciplinary inquiry in relation to the approved manager; and(b)the approved manager applies in the approved form to the Authority for the inquiry to be started before the date stated in the notice as the date of the hearing of the inquiry.(4)The Authority may start the inquiry before the date stated in the notice as the date of the hearing of the inquiry if the Authority—(a)is satisfied that it is reasonable in the circumstances; and(b)gives notice of the date of the hearing decided by the Authority under this subsection to—(i)the approved manager; and(ii)any person who made an application under section 52(2).
54A Procedure for disciplinary inquiry by hearing
(1)If the Authority decides to conduct a disciplinary inquiry by hearing, the hearing must be closed to the public.(2)The Authority must decide the matter in the way it considers appropriate, but must—(a)observe natural justice; and(b)act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.(3)The Authority—(a)is not bound by the rules of evidence; and(b)may inform itself in the way, and to the extent, the Authority considers appropriate; and(c)may decide the procedures to be followed for the proceedings; and(d)may receive evidence on oath or by statutory declaration.(4)The chairperson of the Authority, or a member of the Authority permitted by the chairperson, may administer an oath to a person appearing before the Authority.
54B Power of Authority to continue disciplinary inquiry in particular circumstances
(1)This section applies if an approved manager does not—(a)if the approved manager is given a notice under section 53B stating the Authority will be conducting a disciplinary inquiry in relation to the approved manager by hearing—attend the hearing on the date of the hearing stated in the notice; or(b)if the approved manager is given a notice under section 53B stating the Authority will be conducting a disciplinary inquiry in relation to the approved manager on correspondence—make a submission in accordance with the requirements stated in the notice under section 53B(2)(b)(v); or(c)if the approved manager is given a notice under section 54D—give the information required by the notice.(2)The Authority may—(a)continue the disciplinary inquiry; and(b)make a decision about whether the ground for disciplinary action is established.
54C Failure to take oath or answer question
(1)At a hearing of a disciplinary inquiry in relation to an approved manager, the approved manager must not—(a)fail to take an oath or make an affirmation when required by the Authority; or(b)fail, without reasonable excuse, to answer a question the Authority requires the approved manager to answer.Maximum penalty—60 penalty units.
(2)For subsection (1)(b), it is a reasonable excuse for an approved manager to fail to answer a question, if answering the question might tend to incriminate the approved manager.
54D Authority may require information relevant to disciplinary inquiry
(1)For conducting a disciplinary inquiry, the Authority may, by notice given to the approved manager or another person, require the approved manager or other person to give the Authority information, including a document, relevant to the inquiry.(2)If a document is given to the Authority under subsection (1), the Authority may make a copy of, or take an extract from, it.(3)A person given a notice under subsection (1) must not fail, without a reasonable excuse, to give the Authority the information the person is required to give by the notice.Maximum penalty—60 penalty units.
(4)For subsection (3), it is a reasonable excuse for an individual to fail to give information, if giving the information might tend to incriminate the individual.
54E Attendance notice
(1)The Authority may, by notice given to a relevant person (an attendance notice), require the person—(a)to attend a hearing at a stated time and place to give evidence; or(b)to produce stated documents or other things at a hearing.(2)For subsection (1), the Authority may act on its own initiative or on the application, in the approved form, of an approved manager.(3)If a document is given to the Authority under subsection (1), the Authority may make a copy of, or take an extract from, it.(4)A person given an attendance notice must not fail, without reasonable excuse—(a)to attend as required by the notice; or(b)to continue to attend as required by the Authority until excused from further attendance.Maximum penalty—60 penalty units.
(5)Also, at a hearing, a person appearing as a witness must not—(a)fail to take an oath or make an affirmation when required by the Authority; or(b)fail, without reasonable excuse, to answer a question the Authority requires the person to answer; or(c)fail, without reasonable excuse, to produce a document or other thing the person is required to produce by an attendance notice.Maximum penalty—60 penalty units.
(6)It is a reasonable excuse for an individual to fail to answer a question or to produce a document or other thing, if answering the question or producing the document or thing might tend to incriminate the individual.(7)In this section—relevant person means a person the Authority considers has information relevant to the disciplinary inquiry conducted about an approved manager.
54F Substituted service on approved manager or relevant person
(1)If the Authority is satisfied service of a notice given to an approved manager under section 53B or relevant person under section 54E can not be effected on the approved manager or relevant person under the provision, the Authority may order substituted service of the notice.(2)Substituted service may be effected in any way ordered, including, for example, by facsimile or telephone.(3)If the approved manager or relevant person is served with a notice as ordered by the Authority under subsection (1), the notice is taken to have been given to the approved manager under section 53B or relevant person under section 54E.
55 Disciplinary powers of Authority
(1)The Authority’s power under this section is in addition to any other powers of the Authority under this Act.(2)The Authority may, if satisfied there are grounds for taking disciplinary action against an approved manager, by notice given to the manager, do 1 or more of the following—(a)reprimand the manager;(b)add a condition or restriction to the manager’s certificate;(c)require the manager to enter into an undertaking to perform, or not to perform, particular tasks to be specified in the undertaking;(d)require the manager to comply with a requirement specified by the Authority within or for a specified time;(e)order the manager to pay into the fund an amount that is not more than the monetary value of 135 penalty units;(f)suspend the manager’s certificate for a specified period of not more than 1 year;(g)cancel the manager’s certificate;(h)order that the manager be ineligible to apply for a certificate or be a licensee either permanently or for a specified period.(3)If the Authority orders the manager to pay an amount into the fund—(a)it may order that the amount be paid by a specified date; and(b)if the amount is not paid by a specified date, it may suspend the certificate until the amount is paid and set a final payment date; and(c)if the amount has not been paid by the final date, it may cancel the manager’s certificate; and(d)it may at any time extend the period of time it sets for the payment of the amount.(4)If the manager does not pay the amount within the time allowed, the Authority may recover the amount as a debt from the manager.
(5)This section is subject to section 56.
56 Disciplinary powers limited for certain approved managers
(1)The only action the Authority may take solely on the ground that an approved manager has been charged with an offence is to suspend the manager’s certificate.(2)The Authority must immediately remove the suspension if—(a)the charge is withdrawn; or(b)the manager is not convicted of the offence.(3)If a manager has surrendered the manager’s certificate, the only action the Authority may take against the manager is to make an order under section 55(2)(h).
Subdivision 3 Other provisions about certificates
57 Surrender of certificate
(1)An approved manager may surrender the manager’s certificate by signed notice given to the Authority.(2)The surrender of the certificate takes effect on the day the notice of surrender is given to the Authority or, if a later day of effect is stated in the notice, the later day.(3)However, if the Authority has decided to conduct a disciplinary inquiry in relation to a manager, the Authority may, subject to section 56(3), exercise its disciplinary powers in relation to the manager despite the surrender of the certificate.
58 Surrendered, suspended or cancelled certificate must be returned
(1)This section applies if an approved manager surrenders the manager’s certificate or the Authority suspends or cancels the manager’s certificate under this Act.(2)The person to whom the certificate was granted must return the certificate to the Authority within 7 days after the person surrenders the certificate or becomes aware of the suspension or cancellation.Maximum penalty for subsection (2)—10 penalty units.
Division 3 Powers of entry
59 Police power to enter licensed brothel
(1)A police officer of at least the rank of inspector, or a police officer authorised by a police officer of at least the rank of inspector, may at any time when premises used as a licensed brothel are open for business enter the premises.(2)If entry is made by a police officer who is not of at least the rank of inspector—(a)the police officer must be specifically authorised in writing for the particular entry; and(b)the police officer must produce the authority to the licensee or approved manager if the licensee or manager asks the officer to do so.
60 Powers after entry
(1)A police officer who enters premises under section 59 may inspect the premises and, with the written authorisation of the Authority, do any of the following—(a)inspect, photograph or copy anything required to be kept under this Act;(b)take possession of a document or thing, if the document or thing is evidence of the commission of an offence against this Act;(c)require the licensee or approved manager to produce stated documents or things for inspection;(d)require the licensee or approved manager to give the police officer reasonable help.(2)If a police officer takes possession of a document or thing under subsection (1)(b), the Police Powers and Responsibilities Act 2000, chapter 20, part 2 applies to the document or thing as if it were seized under that Act.
61 Authority to be given particulars after entry
As soon as practicable after a police officer enters a licensed brothel, the police officer, or the police officer who authorised the entry, must give the Authority any particulars in relation to the entry that are prescribed under a regulation.
Part 4 Development approvals for brothels
Division 1 Preliminary
62 Definitions for part
In this part—decision-maker means—(a)for a development application—the assessment manager for the application; or(b)for a change application—the responsible entity under the Planning Act for the application.relevant application means—(a)a development application for a development approval for a material change of use of premises for a brothel; or(b)a change application to change a development approval that already approves a material change of use of premises for a brothel; or(c)a change application to change a development approval—(i)to approve a material change of use of premises for a brothel; and(ii)that does not already approve a material change of use of premises for a brothel.
63 [Repealed]
63A Planning Act
(1)This part applies despite the Planning Act.(2)If this part is inconsistent with the Planning Act, this part prevails to the extent of the inconsistency.
Division 2 Particular provisions about relevant applications
63B Notification by decision-maker of relevant application
(1)Within 10 business days after receiving a relevant application, the decision-maker must give the Authority—(a)a copy of the application; and(b)for an application other than a minor change application—a written notice stating whether the development the subject of the application requires code assessment or impact assessment under the Planning Act.(2)Subsection (1) does not apply if the decision-maker for the relevant application is the Planning and Environment Court.
64 [Repealed]
Division 3 Review by QCAT
64A Review of decisions about code assessment
(1)This section applies if a decision-maker decides a relevant application, other than a minor change application, requires code assessment under the Planning Act.(2)The applicant for the relevant application may apply, as provided under the QCAT Act, to QCAT for a review of any of the following decisions of the decision-maker about the application—(a)a decision that the application requires code assessment under the Planning Act;(b)if the relevant application is a development application—(i)a refusal of all or part of the application; or(ii)a deemed refusal of the application; or(iii)a provision of any development approval given for the application; or(iv)a decision to give a preliminary approval even though the application sought a development permit;(c)if the relevant application is a change application—a decision on the application, including a deemed refusal of the application.(3)For working out the period within which the application must be made under the QCAT Act, section 33, the applicant is taken to have been notified of the decision when the following is given to the applicant under the Planning Act—(a)the decision notice for the decision;(b)if a negotiated decision notice is also given to the applicant—the negotiated decision notice.Note—
Under the QCAT Act, section 157(1), the decision-maker is required to give the applicant a notice complying with that section about each decision mentioned in subsection (2).(4)If an appeal is made to the Planning and Environment Court about a decision mentioned in subsection (2), the court must not hear or decide the appeal.(5)This section does not prevent the making of an application under the Planning and Environment Court Act 2016, section 11 for a declaration about the meaning, effect or enforcement of a condition of a development approval.
64B Review of decisions about impact assessment
(1)This section applies if a decision-maker decides a relevant application, other than a minor change application, requires impact assessment under the Planning Act.(2)The applicant for the relevant application may apply, as provided under the QCAT Act, to QCAT for a review of the decision-maker’s decision that the application requires impact assessment.(3)For working out the period within which the application must be made under the QCAT Act, section 33, the applicant is taken to have been notified of the decision when the applicant is given a notice by the decision-maker under the development assessment rules under the Planning Act accepting the application.Note—
Under the QCAT Act, section 157(1), the decision-maker is required to give the applicant a notice complying with that section about the decision.(4)If an appeal is made to the Planning and Environment Court about a decision mentioned in subsection (2), the court must not hear or decide the appeal.(5)This section does not prevent the making of an application under the Planning and Environment Court Act 2016, section 11 for a declaration about the meaning, effect or enforcement of a condition of a development approval.
64C Procedures for review
(1)This section applies if, under section 64A or 64B, an applicant for a relevant application applies to QCAT for a review of a decision of the decision-maker.(2)The obligation imposed on the applicant, under the QCAT Act, section 37, to give a copy of the application to the decision-maker must be complied with within 5 business days after the day the application for review is made.(3)The obligation imposed on the decision-maker, under the QCAT Act, section 21(2), to give a statement of reasons, documents and other things to QCAT must be complied with within 10 business days after the day the decision-maker is notified of the making of the application for review.(4)Within 10 business days after receiving material from the decision-maker under the QCAT Act, section 21(2), QCAT must—(a)make a preliminary assessment of the decision of the decision-maker that is the subject of the review; and(b)give a copy of the preliminary assessment and the reasons for the preliminary assessment to the parties to the review.(5)QCAT must give the parties to the review 10 business days after receiving the preliminary assessment to make written submissions about the assessment.(6)QCAT must decide the review within 5 business days after the end of the period for making written submissions, unless the period for deciding the review is extended under subsection (7).(7)If QCAT considers it appropriate, QCAT may extend the period for deciding the review to the extent necessary.Example—
An extension of the period for deciding the review may be necessary to allow parties to make oral submissions to QCAT or because the review is complex.
64D No appeal from QCAT’s decision under the Planning Act
(1)This section applies to a QCAT decision in a proceeding for a review under this division that, under the QCAT Act, section 24(2), is taken to be a decision of a decision-maker.(2)The decision is not subject to appeal under the Planning Act.Note—
However, the QCAT Act, chapter 2, part 8 (Appeals etc.) applies to QCAT’s decisions in the proceeding for the review.
64E Development approval suspended until review decided
A development approval is suspended until the end of any period for applying to QCAT for a review of a decision about a provision of the development approval and any proceeding started because of the review.
64F [Repealed]
64G [Repealed]
64H [Repealed]
64I [Repealed]
64J [Repealed]
64K [Repealed]
64L [Repealed]
64M [Repealed]
64N [Repealed]
64O [Repealed]
64P [Repealed]
64Q [Repealed]
64R [Repealed]
64S [Repealed]
64T [Repealed]
64U [Repealed]
64V [Repealed]
Part 5 Prohibited brothels
65 Application to Magistrates Court
(1)A police officer, the Authority or an authorised officer of the relevant local government may apply to a Magistrates Court for an order under section 66 (section 66 declaration) or 66A (temporary declaration) declaring that particular premises are a prohibited brothel.(2)An application for a temporary declaration may be made—(a)before a proceeding for a section 66 declaration is started; or(b)before a proceeding for a section 66 declaration ends.(3)An application by a police officer for a temporary declaration may also be made to a magistrate.(4)If an application is made under subsection (3), the Police Powers and Responsibilities Act 2000, sections 800 to 802 apply to a temporary declaration as if it were a prescribed authority under those sections.
66 Declaration that premises are a prohibited brothel
(1)The court may declare premises to be a prohibited brothel if it is satisfied, on the balance of probabilities—(a)that a person is operating a brothel without a licence at the premises; or(b)that the premises are being used for a brothel in contravention of the Planning Act.(2)Also, the court may declare premises to be a prohibited brothel if it is satisfied, on the balance of probabilities, that on the day stated in the application—(a)a person was operating a brothel without a licence at the premises; or(b)the premises were being used for a brothel in contravention of the Planning Act or the repealed Sustainable Planning Act 2009.(3)The court may make the declaration only if it is satisfied that, at least 72 hours before the hearing, notice of the application was given to the owner or occupier of the premises that are the subject of the application.(4)On the hearing of the application, the court may inform itself in any way it considers appropriate and is not bound by rules or practice about evidence.(5)The court may make the declaration for an unlimited or for a specified period.
66A Temporary declaration that premises are prohibited brothel
(1)The issuer may declare premises to be a prohibited brothel if it is satisfied, on the balance of probabilities, there is a likelihood the premises will be a brothel because—(a)a person will operate a brothel without a licence at the premises; or(b)the premises will be used for a brothel in contravention of the Planning Act.(2)The issuer may make the declaration for a specified period, but may extend the declaration from time to time until a section 66 declaration is made or an application for a section 66 declaration for the premises is withdrawn or dismissed.(3)The issuer may make the declaration only if it is satisfied that the applicant has made a reasonable attempt to notify the owner or occupier of the premises of the making of the application.(4)In considering the application, the issuer may inform itself in any way it considers appropriate and is not bound by rules or practice about evidence.(5)In this section—issuer means—(a)for an application made to the court under section 65(1), the court; or(b)for an application made to a magistrate under section 65(3), the magistrate.
67 Publication of declaration
(1)As soon as possible after the making of the declaration, the applicant for the declaration—(a)must publish, on 2 consecutive days, a notice of the making of the declaration in a newspaper sold and generally circulating in the locality in which the premises are situated; and(b)must give a notice of the making of the declaration to—(i)the occupier of the premises; and(ii)if the occupier is not the owner of the premises, the owner; and(iii)if the premises are subject to a registered mortgage, the registered mortgagee; and(c)must post up at or near to the entrance to the premises a copy of the declaration so that it is visible and legible to any person entering the premises.(2)In a proceeding under this part, the production of papers purporting to be a copy of a newspaper containing a notice published under subsection (1)(a) is evidence that the notice was published in the newspaper on the date appearing on the newspaper.(3)The copy of the declaration mentioned in subsection (1)(c) must comply with any requirements prescribed under a regulation.(4)Subsections (1)(a) and (b)(iii) and (2) do not apply to a temporary declaration.
68 Offence in relation to posted up declaration
(1)A person must not interfere with a copy of a declaration posted up on a prohibited brothel.Maximum penalty—60 penalty units or 6 months imprisonment.
(2)In this section—interfere with means cover, remove, deface or destroy.
69 Offence of being in or entering or leaving prohibited brothel
(1)A person must not be found in or entering or leaving a prohibited brothel.Maximum penalty—60 penalty units or 1 year’s imprisonment.
(2)However, a person other than the owner or occupier of the premises does not commit an offence if the person was in or entering or leaving the premises for a lawful purpose.(3)Also, the owner or occupier does not commit an offence if the owner or occupier enters the premises under a court order.
70 Offence if prohibited brothel used as brothel after declaration given
If a prohibited brothel is used as a brothel at any time after notice of the making of the declaration is given under section 67(1)(b)(i) or (ii) and while the declaration is in force, the occupier, and if the occupier is not the owner of the premises, the owner each commit an offence.Maximum penalty—200 penalty units or 3 years imprisonment.
71 Rescission of declaration
(1)The following persons may apply to the court for an order rescinding the declaration—(a)the owner, occupier, or a registered mortgagee of the premises declared to be a prohibited brothel;(b)a police officer;(c)the Authority;(d)an authorised officer of the relevant local government.(2)The court may rescind the declaration on any terms it considers appropriate, which may include the giving of security to ensure that the premises are not again used for a brothel without a brothel licence.(3)The court may rescind a declaration only if it is satisfied that, at least 72 hours before the hearing, notice of the application was given to each of the following—(a)a police officer of at least the rank of inspector stationed within the police district in which the declared premises are situated;(b)the Authority;(c)the relevant local government.
72 Service of notices in relation to prohibited brothels
(1)For section 66(3), a notice is taken to be given to the owner or occupier of premises if it is posted in a prepaid letter addressed to ‘the owner’ or ‘the occupier’ without name or further description and bearing an address or description of the premises that should ensure the delivery of the letter at the premises at least 72 hours before the hearing.(2)For section 67(1)(b), a notice is taken to be given to an occupier, owner or mortgagee of premises if it is given personally to a person who is authorised by the person to whom the notice is directed to accept delivery of documents on the person’s behalf, either generally or for the particular delivery.(3)This section does not limit the Acts Interpretation Act 1954, section 39.
Part 6 Offences
Division 1 General offences relating to prostitution
73 Public soliciting for purposes of prostitution
(1)A person must not publicly solicit for prostitution.Maximum penalty—
(a)for a first offence—15 penalty units; or(b)for a second offence—25 penalty units; or(c)for a third or subsequent offence—30 penalty units or 6 months imprisonment.(2)A person publicly solicits for prostitution if, for that purpose, the person—(a)solicits a person who is in a public place; or(b)solicits a person at a place within the view or hearing of a person who is in a public place; or(c)loiters in or near a public place; or(d)loiters in a place that can be viewed from a public place.(3)Subsection (1) applies equally to—(a)males and females; and(b)prostitutes and their clients; and(c)persons acting for prostitutes; and(d)persons acting for clients of prostitutes.(4)In this section—solicit includes the following—(a)offer to provide prostitution;(b)accept an offer to provide prostitution.
74 Exception to soliciting offences—persons in licensed brothels
A person does not commit an offence against section 73(1) if—(a)the soliciting happens in a licensed brothel; and(b)the soliciting can not be viewed by a person outside the brothel.
75 Exception to soliciting offences—police officers
(1)A police officer does not commit an offence against section 73(1) if the soliciting is done under an authority given under the Police Powers and Responsibilities Act 2000, chapter 10 or 11.(2)However, a person other than a police officer commits an offence against section 73(1) if the person publicly solicits the police officer.
76 Nuisances connected with prostitution
(1)This section applies to conduct—(a)that happens in the vicinity of a place that is reasonably suspected of being used for prostitution; and(b)that, to a significant extent, is caused by the presence, or suspected presence, of prostitution at the place.(2)A person must not—(a)cause unreasonable annoyance to another person; or(b)cause unreasonable disruption to the privacy of another person.Maximum penalty for subsection (2)—
(a)for a first or second offence—15 penalty units; or
(i)does not contravene the Act, oath or rule of law or practice by giving the information; and(ii)is not liable to disciplinary action for giving information.(6)In this section—health professional means—(a)a doctor; or(b)a person registered under the Health Practitioner Regulation National Law—(i)to practise in the nursing profession, other than as a student; and(ii)in the registered nurses division of that profession; or(c)a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or(d)another person prescribed under a regulation for this section.person with an impairment of the mind see the Criminal Code, section 1.
135 Non-compellability of health service providers
(1)A health service provider is entitled to refuse to give any document or information, or answer any question, in relation to an investigation of, or prosecution for, an offence against this Act on the ground that it would disclose information gained in providing a health service.(2)In this section—health service means—(a)a service genuinely provided to a person for the benefit of human health; or(b)a health service under the Health Ombudsman Act 2013.health service provider means—(a)a health practitioner under the Health Practitioner Regulation National Law (Queensland); or(b)another person who provides a health service; or(c)an employee of a person mentioned in paragraph (a) or (b).
136 Destruction of identifying particulars etc.
(1)The commissioner must ensure that any identifying particulars obtained by the Authority or a member of the police service under this Act and referred to the commissioner, and any record, copy or photograph of them, are destroyed as soon as the commissioner has no further use for them.(2)The commissioner is taken to have no further use for identifying particulars obtained in connection with an application for a licence or a certificate when the application is refused.
137 [Repealed]
138 Application of Judicial Review Act
(1)The Judicial Review Act 1991, part 4 does not apply to a decision of the Authority if the Supreme Court makes an order to that effect.(2)The Authority may apply to the court for an order mentioned in subsection (1) on any of the following grounds—(a)the disclosure of reasons for the decision may endanger the life or wellbeing of someone;(b)the disclosure of reasons may reveal the identity of an informant;(c)the disclosure of reasons may prejudice the investigation or prosecution of persons for an offence against this Act;(d)the disclosure of reasons may prejudice the proper administration of this Act.(3)The application must be heard in private and without notice to the person seeking reasons for the decision.(4)The court may make an order only if satisfied that—(a)a ground mentioned in subsection (2) exists; and(b)the order is justified in all the circumstances.(5)The Authority must give the person seeking reasons for the decision a copy of the court’s order.
138A Delegation
The Authority may delegate powers of the Authority under this Act, other than power to grant, renew or cancel a licence, to the executive director.
139 Approved forms
(1)The Authority may approve a form for use under this Act, other than under section 108D(1), 110KC(1) or 110R(3).(2)The chief executive of the department may approve a form for use under section 108D(1), 110KC(1) or 110R(3).
139A Guidelines
(1)The Authority may issue guidelines about the approved form for advertisements for prostitution or social escort services.(2)Without limiting subsection (1), a guideline may provide—(a)for the form of an advertisement for prostitution or social escort services; or(b)matters that may or may not be included in an advertisement for prostitution or social escort services.(3)A guideline may be replaced or varied by a later guideline issued under this section.(4)The Authority must keep a copy of a guideline, issued under this section, available for inspection and permit a person—(a)to inspect the guideline without fee; and(b)to take extracts from the guideline without fee.(5)For subsection (4)—(a)a copy of the guideline must be kept at the Authority’s office; and(b)the copy kept under paragraph (a) must be available for inspection during office hours on business days for the office.(6)Also, the Authority must keep a copy of a guideline, issued under this section, available for supply to a person and permit a person to obtain a copy of the guideline, or a part of the guideline, without fee.(7)In addition, the Authority must keep a copy of a guideline, issued under this section, posted on the Authority’s web site on the internet.
140 Regulation-making power
(1)The Governor in Council may make regulations under this Act.(2)Without limiting subsection (1), a regulation may be made about any of the following matters—(a)fees;(b)records to be kept by licensees;(c)documents, including financial statements, to be given to the Authority by licensees and when they are required to be given;(d)the auditing of financial statements;(e)advertising in relation to licensed brothels or social escort services;(f)assessment benchmarks for the Planning Act for the assessment under that Act of assessable development that is a material change of use of premises for a brothel, other than an assessment carried out by the chief executive of the department in which that Act is administered;(g)a code of practice for licensed brothels;(h)the development of processes by the Authority to deal with complaints by licensees, including the principles with which the processes must comply;(i)advertising by individual prostitutes, including the approval of the advertising by the Authority.(3)A regulation may also create offences and impose penalties of not more than 40 penalty units for an offence against a regulation.
141 Review of Act
(1)The Crime and Corruption Commission must, as soon as practicable after the end of 3 years after the commencement of the Prostitution Amendment Act 2006, section 34, review the effectiveness of this Act and give a report on the review under the Crime and Corruption Act 2001.(2)The conduct of the review and the preparation of the report is taken to be a function of the commission for the Crime and Corruption Act 2001.(3)In the course of preparing the report, the commission must consult with the Minister and the Authority.(4)The Crime and Corruption Commission must give a copy of the report to the Speaker for tabling in the Legislative Assembly.
Part 9 Transitional provisions
Division 1 Provision for Act No. 77 of 2001
142 Transitional provision about appeals
An appeal started in the Planning and Environment Court under the repealed Integrated Planning Act 1997 before the commencement of this section in relation to an application made to an assessment manager for development approval for a licensed brothel may continue to be dealt with under that Act as if the Prostitution Amendment Act 2001 had not been enacted.
Division 2 Provisions for Act No. 40 of 2006
143 Transitional provision for registrar and executive director
A reference in an Act or a document to the registrar of the Authority may, if the context permits, be taken to be a reference to the executive director.
144 Transitional provision for licences
(1)This section applies to a licence granted before the commencement of this section.(2)Despite the Prostitution Amendment Act 2006, section 6, the licence continues on the same conditions, and for the same term, that applied to the licence immediately before the commencement.
145 Transitional provision for certificates
(1)This section applies to a certificate granted before the commencement of this section.(2)Despite the Prostitution Amendment Act 2006, section 11, the certificate continues on the same conditions, and for the same term, that applied to the certificate immediately before the commencement.
146 Transitional provision for brothel offences
(1)This section applies if, before the commencement of this section, a person committed an offence against section 78(1)(b) or (c) (the relevant provision).(2)From the commencement—(a)the relevant provision, as in force before the commencement, continues to apply in relation to the offence; and(b)proceedings for the offence may be continued, or started, against the person as if the Prostitution Amendment Act 2006, section 16, had not commenced.
147 Membership of Authority
(1)This section applies to a person who, immediately before the commencement of this section, was a member of the Authority appointed under section 102(1)(d) or (f).(2)From the commencement, the person continues to be a member of the Authority as if the Prostitution Amendment Act 2006, section 23 had not commenced.
148 Proceedings
A proceeding that could have been started or continued by or against the registrar before the commencement of this section may be started or continued by or against the executive director.
149 Transitional provision for evidentiary certificates
A certificate under section 132(5) purporting to be signed by the registrar before the commencement of this section is, on the commencement, taken to have been signed by the executive director.
Division 3 Provision for Act No. 59 of 2007
150 Continuation of refusal of development applications
(1)This section applies if—(a)after the changeover day for a new or adjusted local government area, land forms part of the new or adjusted local government area; and(b)before the changeover day the assessment manager for a development application for the land would have been required to refuse the development application under section 64(c).(2)After the changeover day for the new or adjusted local government area, all development applications for the land must continue to be refused until—(a)the local government for the new or adjusted local government area no longer requires that development applications for the land be refused; or(b)the Minister decides that the local government for the new or adjusted local government area may approve development applications for the land.(3)In this section—adjusted local government area means an adjusted local government area under the reform implementation provisions.changeover day, for a new or adjusted local government area, means the changeover day for the area under the reform implementation provisions.new local government area means a new local government area under the reform implementation provisions.reform implementation provisions means the Local Government Act 1993, chapter 3, part 1B.
Division 4 Provision for Act No. 55 of 2008
151 References in sch 1 to Criminal Code offences
Schedule 1 applies as if the reference to the Criminal Code, section 415 included a reference to the Criminal Code, section 415 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008.
Division 5 Provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009
152 Definition for div 5
In this division—commencement means the commencement of section 153.
153 Independent assessor goes out of office
On the commencement, the independent assessor goes out of office.
154 Application of particular QCAT Act provisions to former independent assessor and former assessor’s registrar
(1)From the commencement, the following provisions of the QCAT Act apply in relation to the former independent assessor as if the former independent assessor were a former tribunal under that Act—•sections 250 to 253 and 254(1)(a)•chapter 7, part 2, divisions 2 to 4•chapter 7, part 4•section 276.(2)For applying the QCAT Act, section 276 in relation to the former independent assessor, a reference in the section to a former Act is taken to be a reference to this Act.(3)Also, from the commencement, the QCAT Act, section 254(1)(d) applies to the former assessor’s registrar as if the reference in the paragraph to a former registrar were a reference to the former assessor’s registrar.(4)In this section—former assessor’s registrar means the person holding appointment as the assessor’s registrar for this Act immediately before the commencement.former independent assessor means the person holding appointment as an independent assessor for this Act immediately before the commencement.
Division 6 Provision for Sustainable Planning Act 2009
155 Application of pt 4
(1)This section applies to the following made but not decided before the commencement—(a)a development application under the repealed Integrated Planning Act 1997 for a material change of use of premises for a brothel;(b)a request to change a development approval, or the conditions of a development approval, under that Act for a brothel.(2)Part 4 as in force before the commencement continues to apply to an application or request mentioned in subsection (1) as if the Sustainable Planning Act 2009 had not commenced.(3)In this section—commencement means the day this section commences.
Division 7 Provisions for Police Legislation Amendment Act 2010
156 Definition for pt 9, div 7
In this division—commencement means the commencement of this division.
157 Conduct of disciplinary inquiry started but not dealt with as at commencement
(1)This section applies to a disciplinary inquiry that has started but is not complete as at the commencement.(2)The Authority must continue to conduct the inquiry under the Act as in force immediately before the commencement.
158 Disciplinary inquiry notice not given to licensee as at commencement
(1)This section applies if the Authority—(a)decides, before the commencement, to conduct a disciplinary inquiry in relation to a licensee; and(b)has not, as at the commencement, started the inquiry.(2)The Authority must conduct the inquiry under the Act as in force from the commencement.
159 Disciplinary inquiry notice not given to approved manager as at commencement
(1)This section applies if the Authority—(a)decides, before the commencement, to conduct a disciplinary inquiry in relation to an approved manager; and(b)has not, as at the commencement, started the inquiry.(2)The Authority must conduct the inquiry under the Act as in force from the commencement.
160 Disqualifications for appointment—particular members of Authority
(1)This section applies to a member of the Authority, other than an exempt member, as at the commencement.(2)Section 105(b) as at the commencement applies to the member.
161 Extended criminal history checks—particular members of Authority
(1)This section applies to a member of the Authority, other than an exempt member, as at the commencement.(2)Sections 108B and 108E apply in relation to the member.(3)Sections 108C and 108D apply to the member.
162 Extended criminal history checks—executive director
(1)This section applies to the executive director as at the commencement of this section.(2)Sections 110KA and 110KD apply in relation to the executive director.(3)Sections 110KB and 110KC apply to the executive director.
163 Executive director may obtain extended criminal history
(1)This section applies to a staff member as at the commencement of this section.(2)Sections 110R and 110S apply to the staff member.(3)Sections 110T, 110U and 110V apply in relation to the staff member.
Division 8 Provision for Court and Civil Legislation Amendment Act 2017
164 Application of Act to application for variation not decided before commencement
(1)An application made under the pre-amended Act, section 46 but not decided before the commencement must be dealt with as if it had been made under section 46 as in force after the commencement.(2)Without limiting subsection (1), if, before the commencement, the Authority had given the commissioner particulars of the application under applied section 39(1) and the commissioner had not reported to the Authority under applied section 39(3), the commissioner’s obligations under applied section 39 end.(3)In this section—applied section 39 means section 39 as applied under the pre-amended Act, section 46(3).pre-amended Act means this Act as in force before the commencement.
Division 8 Provisions for Planning (Consequential) and Other Legislation Amendment Act 2016
164 Definitions for division
In this division—amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016.former, in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.
165 Existing development application or request to change a development approval
(1)This section applies to—(a)an existing development application for a material change of use of premises for a brothel; and(b)an existing request to change a development approval for a brothel.(2)Former section 63B continues to apply in relation to the application or request as if the amending Act had not been enacted.(3)In this section—existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.existing request to change a development approval means a request to change a development approval made under the repealed Planning Act, to which the Planning Act, section 288 applies.repealed Planning Act means the repealed Sustainable Planning Act 2009.
166 Existing review or right to review by QCAT
(1)Subsection (2) applies if—(a)a person applied to QCAT for review of a decision under former section 64A or 64B; and(b)QCAT had not made its decision on the review before the commencement.(2)QCAT must hear, or continue to hear, and decide the review under the pre-amended Act as if the amending Act had not been enacted.(3)Subsection (4) applies if, before the commencement—(a)a person could have applied to QCAT for review of a decision under former section 64A or 64B; and(b)the person had not applied to QCAT for the review.(4)The person may apply to QCAT for a review of the decision, and QCAT must hear and decide the review, under the pre-amended Act as if the amending Act had not been enacted.(5)In this section—pre-amended Act means this Act as in force immediately before the commencement of the amending Act.
167 Existing declaration or temporary declaration that premises are a prohibited brothel
(1)A declaration made under former section 66 and in force immediately before the commencement—(a)continues in force subject to section 66(5); and(b)is taken to have been made under section 66.(2)A temporary declaration made under former section 66A and in force immediately before the commencement—(a)continues in force subject to section 66A(2); and(b)is taken to have been made under section 66A.
Schedule 1 Disqualifying offence provisions under the Criminal Code
schedule 4, definition disqualifying offence, paragraph (c)
1section 87 (Official corruption)
2section 121 (Official corruption not judicial but relating to offences)
3section 300 (Unlawful homicide)
4section 306 (Attempt to murder)
5section 349 (Rape)
6section 350 (Attempt to commit rape)
7section 354 (Kidnapping)
8section 354A (Kidnapping for ransom)
9section 415 (Extortion)
10any offence in chapter 22 (Offences against morality), if the offence relates to a child or a person with an impairment of the mind
11any offence in chapter 22A (Prostitution), if the offence relates to a child or a person with an impairment of the mind
Schedule 2 Disqualifying offence provisions under the Migration Act 1958 (Cwlth)
schedule 4, definition disqualifying offence, paragraph (d)
1section 233 (Persons concerned in bringing non-citizens into Australia in contravention of Act or harbouring illegal entrants)
2section 234 (False papers etc.)
3section 235 (Offences in relation to work)
4section 236 (Offences relating to visas)
5section 240 (Offence to arrange marriage to obtain permanent residence)
6section 241 (Offence to arrange pretended de facto relationship to obtain permanent residence)
7section 242 (Offence to arrange pretended interdependency relationship to obtain permanent residence)
8section 243 (Offences relating to application for permanent residence because of marriage or de facto relationship)
9section 244 (Offences relating to application for permanent residence because of interdependency)
10section 245 (Offences of making false or unsupported statements)
11section 280 (Restrictions on giving of immigration assistance)
12section 281 (Restriction on charging fees for immigration assistance)
13section 282 (Restriction on charging fees for immigration representations)
14section 283 (False representation that a person is a registered agent)
15section 284 (Restriction on self-advertising of the giving of immigration assistance)
16section 285 (Restriction on other advertising of immigration assistance)
Schedule 3 Restrictions on numbers of prostitutes at licensed brothel
section 78(2)
Column 1 Number of rooms permitted at licensed brothel under development permit | Column 2 Number of prostitutes at licensed brothel at any 1 time |
1 | 2 |
2 | 3 |
3 | 4 |
4 | 6 |
5 | 8 |
Schedule 4 Dictionary
section 5
adult entertainment permit means an adult entertainment permit granted under the Liquor Act 1992 and in force.
advertisement, for part 6, division 4 and section 139A, see section 92.
application land ...
appointed member ...
approved form see section 139.
approved manager means a person who holds an approved manager’s certificate that is in force.
approved manager’s certificate means a certificate granted under this Act authorising a person to be an approved manager of a licensed brothel stated in the certificate.
assessment manager, for a development application, means the person who is the assessment manager under the Planning Act for the application.
assessor’s registrar ...
associate see section 6.
authorised officer of a relevant local government means an officer of the relevant local government who is authorised in writing by the local government for this Act.
Authority means the Prostitution Licensing Authority established under section 100.
brothel means premises made available for prostitution by 2 or more prostitutes at the premises.
brothel licence means a licence granted under this Act authorising a person to operate a brothel at premises stated in the licence.
certificate means an approved manager’s certificate.
change application means a change application under the Planning Act.
code assessable development application ...
commencement, for part 9, division 7, see section 156.
commissioner means the commissioner of the police service.
conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
corresponding law means a law of another State corresponding to this Act.
Council ...
crime commissioner ...
criminal history of a person means the convictions recorded against the person, whether in Queensland or another State, for offences.
decision-maker, for part 4, see section 62.
development application means a development application under the Planning Act.
development approval means a development approval under the Planning Act.
development permit means a development permit granted under the Planning Act.
disciplinary inquiry—
(a)in relation to a licensee—see section 26; or
(b)in relation to an approved manager—see section 52.
disciplinary inquiry notice, for a disciplinary inquiry—
(a)in relation to a licensee—see section 27B; or
(b)in relation to an approved manager—see section 53B.
disqualifying offence means—
(a)an offence or an attempt to commit, or to conspire to commit or to counsel or procure a person to commit an offence, against any of the following—(i)the Criminal Proceeds Confiscation Act 2002, section 250;(ii)the Drugs Misuse Act 1986, section 5 or 9D;(iii)a provision of the Criminal Code mentioned in schedule 1;(iv)a provision of the Migration Act 1958 (Cwlth) mentioned in schedule 2; or
(b)an offence that, if committed in Queensland, would be a disqualifying offence under paragraph (a).
engage, a person, includes appoint, employ, promote, redeploy or second the person within or to the office.
executive director means the executive director of the office appointed under section 110B.
executive officer, of a body corporate, means a person who is concerned with, or takes part in, the body corporate’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
exempt member means a member of the Authority mentioned in section 102(1)(b) or (c).
extended criminal history, of a person, means all of the following—
(a)every conviction of the person for an offence, in Queensland or elsewhere, whether before or after the commencement of this Act;
(b)every charge of an offence made against the person, in Queensland or elsewhere, whether before or after the commencement of this Act.
family, of an individual, consists of the following members—
(a)the individual’s spouse;
(b)each of the individual’s children who is 18 years or more, including a stepchild, an adopted child and a person for whom the individual was foster-parent or guardian when the person was a child;
(c)each of the individual’s parents, including a step-parent, and a person who was a foster-parent or guardian for the individual when the individual was a child;
(d)each of the individual’s siblings who is 18 years or more, including a step-sibling and a person who was a foster-sibling when the individual was a child.
fee means fee, charge or tax.
fund means the Prostitution Licensing Authority Fund established under section 123.
health services means services prescribed under a regulation for maintaining, improving and restoring people’s health and wellbeing.
IDAS...
identifying particulars—
(a)means any of the following—(i)palm prints;(ii)fingerprints;(iii)handwriting;(iv)voiceprints;(v)footprints; and
(b)includes photographs of a person’s identifying features.Examples for paragraph (b)—
1photographs of scars or tattoos2photographs of the person
independent assessor ...
information includes a statement and particulars.
insolvent under administration means a person—
(a)who is an undischarged bankrupt; or
(b)for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth), part X or the corresponding provisions of the law of another jurisdiction, if the debt agreement has not ended or has not been terminated; or
(c)who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X or the corresponding provisions of the law of another jurisdiction, if the terms of the deed have not been fully complied with; or
(d)whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X or the corresponding provisions of the law of another jurisdiction, if a final payment has not been made under the composition.
Integrated Planning Act ...
interest in a brothel see section 7.
licence means brothel licence.
licensed brothel means premises stated in a licensee’s licence as the premises used for the business of providing prostitution.
licensee means a person who holds a brothel licence that is in force.
local government area ...
material change of use, of premises, see the Planning Act, schedule 2.
minor change ...
minor change application means a change application for a minor change to a development approval, as defined in the Planning Act.
notice means written notice.
office means the Office of the Prostitution Licensing Authority established under section 109.
operate a brothel means to carry on the business of providing prostitution at the brothel.
part 6 directive means a ruling that is a directive made for the Public Service Act 2008, chapter 5, part 6.
Planning Act means the Planning Act 2016.
prescribed day means—
(a)for an annual licence fee, or an annual licence return fee, for a licence—the day mentioned in section 19(5)(d)(i) as the day by which the licensee must pay the fee; or
(b)for an annual certificate fee, or an annual return fee, for a certificate—the day mentioned in section 44(4)(d)(i) as the day by which the approved manager must pay the fee.
prospective staff member see section 110N.
prostitution see the Criminal Code, section 229E.
publish, an advertisement or statement, for part 6, division 4, see section 92.
registrar ...
relevant application, for part 4, see section 62.
relevant duties see section 110M.
section 66 declaration see section 65.
sexually transmissible disease means any of the following diseases or conditions—
•chancroid
•donovanosis
•genital chlamydia
•genital herpes (when lesions are visible)
•genital warts (when lesions are visible)
•gonorrhoea
•human immunodeficiency virus (HIV)
•lymphogranuloma venereum
•syphilis
•another disease or condition prescribed under a regulation.
social escort means a person who, under an arrangement of a commercial character, is held out to the public for hire to—
(a)accompany another person to social affairs, places of entertainment or amusement; or
(b)consort with a person in any place, whether public or private;
but does not include—
(c)a person who provides the services mentioned in paragraph (a) or (b) as part of health services for the other person; or
(d)a person who provides prostitution.
social escort provider means a person or entity that, under an arrangement of a commercial character—
(a)provides, or offers to provide, names of social escorts to persons; or
(b)introduces, or offers to introduce, persons to social escorts; or
(c)takes any other step for the purpose of introducing persons to social escorts.
spouse ...
staff member means a member of the staff of the office.
suspension period—
(a)for a licence—see section 24B; or
(b)for a certificate—see section 50B.
temporary declaration see section 65.
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Citations
Prostitution Act 1999 (Qld)
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