Sex Industry Regulations 2020 (NT)

NORTHERN TERRITORY OF AUSTRALIA

SEX INDUSTRY REGULATIONS 2020

As in force at 12 June 2020

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Title2 — Commencement3 — Advertising4 — Fee for suitability certificate5 — Requirements to hold suitability certificateENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 12 June 2020

SEX INDUSTRY REGULATIONS 2020

Regulations under the Sex Industry Act 2019

1Title

These Regulations may be cited as the Sex Industry Regulations 2020.

2Commencement

These Regulations commence on the commencement of section 24 of the Sex Industry Act 2019.

3Advertising

For section 15(1) of the Act, an advertisement for sex work placed in a newspaper:

• (a)

  must be no larger than 3.5 cm x 4.5 cm; and

• (b)

  must appear in the "classifieds" section under the heading "Adult Services" or a similar heading; and

• (c)

  must not:

  • (i)

    contain photographic or other pictorial representation of a person, whether real or symbolic, unless the representation is restricted to the head and shoulders of the person; or

  • (ii)

    refer to the race, colour or ethnic origin of the person offering to perform sex work or refer to any of those matters in the name of a sex services business; or

  • (iii)

    refer to the age of the person offering to perform sex work; or

  • (iv)

    refer to the physical attributes of the person offering to perform sex work or refer to personal physical attributes in the name of a sex services business; or

  • (v)

    refer to "massage" or "masseur" or other parts of speech or grammatical forms of those words unless preceded by the word "erotic".

  4Fee for suitability certificate

For section 19(2) of the Act, the fee for an application for a suitability certificate is 100 revenue units.

5Requirements to hold suitability certificate

• (1)

  For section 19(3)(b) of the Act, the requirements are that, in the 10 year period before the day the application for the suitability certificate is made, the applicant or person:

  • (a)

    has not been found guilty of a relevant offence; and

  • (b)

    was not an executive officer of a body corporate when the body corporate was found guilty of an indictable offence against the Fair Work Act 2009 (Cth) or against a work health and safety law; and

  • (c)

    has not been bankrupt, applied to take the benefit of a law for the relief of bankrupt or insolvent debtors or compounded with creditors or made an assignment of the applicant’s or person’s remuneration for their benefit; and

  • (d)

    has not had a suitability certificate previously issued under the Act, or a similar certificate issued in another jurisdiction, revoked.

• (2)

  In this regulation:

  executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.

  relevant offence means:

  • (a)

    an indictable offence involving a dangerous drug, as defined in section 3(1) of the Misuse of Drugs Act 1990, other than an offence relating to:

    • (i)

      the possession of less than a traffickable quantity of a dangerous drug; or

    • (ii)

      the use of a dangerous drug; or

  • (b)

    an indictable offence arising from the provision of sex work, other than an offence committed merely by being a sex worker or the operator of a sex services business; or

  • (c)

    an indictable offence involving any of the following:

    • (i)

      assault;

    • (ii)

      sexual assault;

    • (iii)

      fraud or dishonesty;

    • (iv)

      theft; or

  • (d)

    an indictable offence against the Fair Work Act 2009 (Cth) or against a work health and safety law.

  work health and safety law means the Work Health and Safety (National Uniform Legislation) Act 2011, the Occupational Health and Safety Act 2004 (Vic), the Occupational Health and Safety Act 1984 (WA), the Work Health and Safety Act 2011 (ACT), the Work Health and Safety Act 2011 (Cth), the Work Health and Safety Act 2011 (NSW), the Work Health and Safety Act 2011 (Qld), the Work Health and Safety Act 2012 (SA) or the Work Health and Safety Act 2012 (Tas).

     

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Sex Industry Regulations 2020 (SL No. 4, 2020)
Notified	15 April 2020
Commenced	12 June 2020, (r 2, s 2, Sex Industry Act 2019 (Act No. 40, 2019) (Gaz S35, 11 June 2020)