Prostitution Amendment Act 2018 (ACT)

Prostitution Amendment Act 2018

A2018-25

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Legislation repealed  2

5            Long title  2

6            Section 1  2

7Offences against Act—application of Criminal Code etc
Section 3A, note 1  3

8            ObjectsSection 4 (b)  3

9            Section 4 (d)  3

10          Definitions for pt 2Section 5, definitions  4

11          Section 5, definitions of sole operator brothel and sole operator escort agency 4

12          Sections 7 and 8  4

13          RegisterSection 11 (1)  4

14          Section 11 (2)  5

15          Section 11 (4) to (6)  5

16          Sections 12 to 14  5

17          Police report to be given before person becomes interested personSection 16  9

18          Brothels—other than in prescribed locationSection 18 (3)  9

19          SolicitingNew section 19 (3)  9

20          Causing child to provide commercial sexual services etcSection 20 (4)  10

21          Section 21 heading  10

22          Section 21 (2)  10

23          Sections 24 and 25  10

24          Medical tests and examinationsSection 26  10

25          Section 26  11

26          Section 26  11

27          New section 26A  11

28          Use of prophylacticsSection 27 (3), new note  13

29          Regulation-making powerSection 32 (2) (g) to (i)  13

30          New section 34  13

31          Disqualifying offences—this ActSchedule 2, item 5, column 3  14

32          Schedule 2, item 7  14

33          Schedule 2, item 8, column 3  14

34          Schedule 2, new item 8A  14

35          Disqualifying offences—foreign countriesSchedule 3, section 3.1 (1) (f)  15

36          New schedule 4  16

37          Dictionary, note 2  17

38          Dictionary, definitions of annual notice and authorised nurse practitioner  17

39          Dictionary, definition of brothel  17

40          Dictionary, definition of commercial operator  17

41          Dictionary, definition of commercial sexual services  17

42          Dictionary, definition of employed  18

43          Dictionary, definition of escort agency  18

44          Dictionary, definition of nurse practitioner position  18

45          Dictionary, definition of premises used by a single prostitute               18

46          Dictionary, new definition of premises used by a single sex worker       18

47          Dictionary  19

48          Dictionary, new definition of sex work  19

49          Dictionary, definition of sole operator  19

Schedule 1 Consequential amendments  20

Part 1.1    Children and Young People Act 2008  20

Part 1.2    Crimes (Child Sex Offenders) Act 2005  20

Part 1.3    Fair Trading (Australian Consumer Law) Act 1992          21

Part 1.4    Spent Convictions Act 2000  21

Part 1.5    Supreme Court Act 1933  21

Prostitution Amendment Act 2018

A2018-25

An Act to amend the Prostitution Act 1992, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Prostitution Amendment Act 2018.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Prostitution Act 1992.

   Note This Act also amends other legislation (see sch 1).

4. Legislation repealed

   The Prostitution Regulation 1993 (SL1993-19) is repealed.

5. Long title

   substitute

   An Act to regulate certain aspects of sex work

6. Section 1

   substitute

7. Name of Act

   This Act is the Sex Work Act 1992.

8. Offences against Act—application of Criminal Code etc
   Section 3A, note 1

   insert

   ·     s 12 (Registration notice etc to be given to commissioner—commercial operators)

   ·     s 13 (Annual notice to be given to commissioner—commercial operators)

   ·     s 14 (Other notices to be given to commissioner—commercial operators and former commercial operators)

   ·     s 26A (Commercial operator must provide health and safety equipment).

9. Objects
   Section 4 (b)

   omit

   prostitutes

   substitute

   sex workers

10. Section 4 (d)

    omit

    exploitation in relation to prostitution

    substitute

    sexual exploitation

11. Definitions for pt 2
    Section 5, definitions

    omit the definitions of

    annual notice

    commercial operator

    registration notice

    sole operator

12. Section 5, definitions of sole operator brothel and sole operator escort agency

    omit

    prostitute

    substitute

    sex worker

13. Sections 7 and 8

    omit

14. Register
    Section 11 (1)

    omit

    brothels and escort agencies

    substitute

    commercial brothels and commercial escort agencies

15. Section 11 (2)

    omit

    brothel or escort agency

    substitute

    commercial brothel or commercial escort agency

16. Section 11 (4) to (6)

    omit

17. Sections 12 to 14

    substitute

18. Registration notice etc to be given to commissioner—commercial operators

    (1)A person commits an offence if—

    (a)the person is an operator of a commercial brothel or commercial escort agency; and

    (b)both of the following are not given to the commissioner at least 7 days before the day the brothel or escort agency begins to operate:

    (i)a registration notice;

    (ii)a required police report in relation to the brothel or escort agency.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

    (2)In this section:

    registration notice, in relation to a commercial brothel or commercial escort agency, means a written notice containing the following particulars in relation to the brothel or escort agency:

    (a)its business name (if any) and address;

    (b)the name and home address of each person in day-to-day control of the brothel or escort agency;

    (c)if the owner (or an owner) of the brothel or escort agency is an individual—the name and home address of each individual who is an owner;

    (d)if the owner (or an owner) of the brothel or escort agency is a corporation—the following for each corporation that is an owner:

    (i)its name and business address;

    (ii)the name and home address of each director and each shareholder;

    (e)for each interested person in relation to the brothel or escort agency—a statement about whether or not the person has been convicted, or found guilty, of a disqualifying offence.

    Note 1If a form is approved under s 30 for a notice, the form must be used.

    Note 2A fee may be determined under s 29 for a notice under this section.

19. Annual notice to be given to commissioner—commercial operators

    (1)A person commits an offence if—

    (a)the person is an operator of a commercial brothel or commercial escort agency; and

    (b)an annual notice for the year for the brothel or escort agency is not given to the commissioner before 1 October of that year.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

    (2)In this section:

    annual notice, in relation to a commercial brothel or commercial escort agency, means a written notice containing the following particulars in relation to the brothel or escort agency:

    (a)its business name (if any) and address;

    (b)the name and home address of each person in day-to-day control of the brothel or escort agency;

    (c)if the owner (or an owner) of the brothel or escort agency is an individual—the name and home address of each individual who is an owner;

    (d)if the owner (or an owner) of the brothel or escort agency is a corporation—the following for each corporation that is an owner:

    (i)its name and business address;

    (ii)the name and home address of each director and each shareholder;

    (e)for each interested person in relation to the brothel or escort agency—a statement about whether or not the person has been convicted, or found guilty, of a disqualifying offence.

    Note 1If a form is approved under s 30 for a notice, the form must be used.

    Note 2A fee may be determined under s 29 for a notice under this section.

20. Other notices to be given to commissioner—commercial operators and former commercial operators

    (1)A person commits an offence if—

    (a)the person is an operator of a commercial brothel or commercial escort agency; and

    (b)any information given to the commissioner in a notice under this division changes; and

    (c)written notice of the new information is not given to the commissioner within 7 days after the day the information changes.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

    (2)A person commits an offence if—

    (a)the person is an operator of a commercial brothel or commercial escort agency; and

    (b)the brothel or escort agency stops operating; and

    (c)written notice that the brothel or escort agency stopped operating is not given to the commissioner within 7 days after the last day the brothel or escort agency operated.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

21. Police report to be given before person becomes interested person
    Section 16

    omit

    brothel or escort agency

    substitute

    commercial brothel or commercial escort agency

22. Brothels—other than in prescribed location
    Section 18 (3)

    omit

    prostitute

    substitute

    sex worker

23. Soliciting
    New section 19 (3)

    insert

    (3)In this section:

    public place means any street, road, public park, reserve, or any building, premises or other place that the public are entitled to use or that is open to, or used by, the public (whether on payment or otherwise).

24. Causing child to provide commercial sexual services etc
    Section 20 (4)

    omit

    Strict

    substitute

    Absolute

25. Section 21 heading

    substitute

26. Proceeds of commercial sexual services by child

27. Section 21 (2)

    omit

    prostitution

    substitute

    sex work

28. Sections 24 and 25

    omit

29. Medical tests and examinations
    Section 26

    omit

    authorised nurse practitioner

    substitute

    nurse practitioner

30. Section 26

    omit

    prostitute

    substitute

    sex worker

31. Section 26

    omit

    prostitute’s

    substitute

    sex worker’s

32. New section 26A

    insert

26ACommercial operator must provide health and safety equipment

(1)A person commits an offence if the person—

(a)is the operator of a commercial brothel or commercial escort agency; and

(b)fails to provide a sex worker employed at the brothel, or from the escort agency, prophylactics in sufficient quantity to allow the sex worker to comply with section 27 (3).

Maximum penalty:  40 penalty units.

(2)A person commits an offence if the person—

(a)is the operator of a commercial brothel or commercial escort agency; and

(b)fails to—

(i)provide a sex worker employed at the brothel, or from the escort agency, personal protective equipment; and

(ii)take reasonable steps to ensure the sex worker uses the personal protective equipment to minimise the risk to the sex worker’s health or safety.

Maximum penalty:  40 penalty units.

(3)A person commits an offence if the person—

(a)is the operator of a commercial brothel or commercial escort agency; and

(b)provides a sex worker employed at the brothel, or from the escort agency, prophylactics or personal protective equipment; and

(c)charges, or imposes a levy on, the sex worker for the prophylactics or personal protective equipment.

Maximum penalty:  40 penalty units.

(4)In this section:

commercial brothel—see section 5.

commercial escort agency—see section 5.

personal protective equipment, in relation to sex work, means anything used or worn by a sex worker to minimise risk to the sex worker’s health or safety from engaging in sex work.

Examples—personal protective equipment

dental dams, latex gloves, water-based lubricants, sponges

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

1. Use of prophylactics
   Section 27 (3), new note

   insert

   NoteIt is also an offence not to take reasonable precautions against transmitting a notifiable condition (see Public Health Regulation 2000, s 21 (1)).

2. Regulation-making power
   Section 32 (2) (g) to (i)

   omit

   prostitutes

   substitute

   sex workers

3. New section 34

   insert

4. Sex Work Regulation 2018—sch 4

   (1)The provisions set out in schedule 4 are taken, on the commencement of this section, to be a regulation made under section 32.

   (2)To remove any doubt and without limiting subsection (1), the regulation may be amended or repealed as if it had been made by the Executive under section 32.

   (3)Also to remove any doubt, the regulation is taken—

   (a)to have been notified under the Legislation Act on the day the Prostitution Amendment Act 2018 is notified; and

   (b)to have commenced on the commencement of this section; and

   (c)not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).

   (4)Subsections (1) to (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

   (5)This section and schedule 4 expire on the day they commence.

5. Disqualifying offences—this Act
   Schedule 2, item 5, column 3

   omit

   child prostitution

   substitute

   commercial sexual services by child

6. Schedule 2, item 7

   omit

7. Schedule 2, item 8, column 3

   omit

   prostitute

   substitute

   sex worker

8. Schedule 2, new item 8A

   insert

8A 26A obligation to supply health and safety equipment

1. Disqualifying offences—foreign countries
   Schedule 3, section 3.1 (1) (f)

   omit

   prostitution

   substitute

   provision of commercial sexual services

2. New schedule 4

   insert

Schedule 4Sex Work Regulation 2018

(see s 34)

Sex Work Regulation 2018

Subordinate Law SL2018-

made under the

Sex Work Act 1992

1. Name of regulation

   This regulation is the Sex Work Regulation 2018.

2. Locations

   For the Act, section 18 (1), the following locations are prescribed:

   (a)the division of Fyshwick in the Central Canberra district;

   (b)the division of Mitchell in the Gungahlin district.

3. Dictionary, note 2

   insert

   ·     nurse practitioner

4. Dictionary, definitions of annual notice and authorised nurse practitioner

   omit

5. Dictionary, definition of brothel

   omit

   prostitution

   substitute

   sex work

6. Dictionary, definition of commercial operator

   omit

7. Dictionary, definition of commercial sexual services

   omit

   prostitute

   substitute

   person providing the sexual services

8. Dictionary, definition of employed

   omit

   prostitute

   substitute

   sex worker

9. Dictionary, definition of escort agency

   omit

   prostitution

   substitute

   sex work

10. Dictionary, definition of nurse practitioner position

    omit

11. Dictionary, definition of premises used by a single prostitute

    omit

12. Dictionary, new definition of premises used by a single sex worker

    insert

    premises used by a single sex worker means premises used by not more than 1 sex worker other than—

    (a)premises adjacent to or, for town houses, units or apartments, in the same block as, other premises that are used for sex work; or

    (b)premises at which the provision of commercial sexual services is arranged by a person (other than the sex worker) who arranges clients for other sex workers; or

    (c)premises to which clients are referred by other sex workers, or from which clients are referred to other sex workers.

13. Dictionary

    omit the definitions of

    prostitute

    prostitution

    public place

    registration notice

    scope of practice

14. Dictionary, new definition of sex work

    insert

    sex work means the provision of commercial sexual services by an adult.

15. Dictionary, definition of sole operator

    omit

Schedule 1Consequential amendments

(see s 3)

Part 1.1Children and Young People Act 2008

[1.1]Section 344, example 4

omit

through prostitution

substitute

with money received in exchange for sexual services

Part 1.2Crimes (Child Sex Offenders) Act 2005

[1.2]Schedule 2, part 2.1, item 13 to 16

substitute

13	Sex Work Act 1992, section 19 (2)	accosting child for commercial sexual services
14	Sex Work Act 1992, section 20 (1)	causing child under 12 to provide commercial sexual services
15	Sex Work Act 1992, section 20 (3)	causing child 12 or older to provide commercial sexual services
16	Sex Work Act 1992, section 21 (1)	proceeds of commercial sexual services by child

Part 1.3Fair Trading (Australian Consumer Law) Act 1992

[1.3]Section 34 (2), definition of consumer and trader legislation, paragraph (d)

substitute

(d)the Sex Work Act 1992;

Part 1.4Spent Convictions Act 2000

[1.4]Section 19 (8)

omit

Prostitution Act 1992

substitute

Sex Work Act 1992

Part 1.5Supreme Court Act 1933

[1.5]Schedule 2, section 2.1, definition of Prostitution Act

omit

[1.6]Schedule 2, section 2.1, new definition of Sex Work Act

insert

Sex Work Act means the Sex Work Act 1992.

[1.7]Schedule 2, part 2.2, items 32 and 33

substitute

32	Sex Work Act	20	causing child to provide commercial sexual services etc
33	Sex Work Act	21	receiving proceeds of commercial sexual services by child

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 7 June 2018.

2. Notification

   Notified under the Legislation Act on 8 August 2018.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Prostitution Amendment Bill 2018, which was passed by the Legislative Assembly on 31 July 2018.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2018