Sex Work Act 1994 (Vic)
Version No. 097
Sex Work Act 1994
No. 102 of 1994
Version incorporating amendments as at
10 May 2022
TABLE OF PROVISIONS
Section Page
Part I—Preliminary
1Purpose
2Commencement
3Definitions
3AAdmission charge constitutes payment for sexual services
3BExemptions for sex on premises venues
4Objects of Act
Part 2—Offences connected with sex work
5Causing or inducing child to take part in sex work
6Obtaining payment for sexual services provided by a child
7Agreement for provision of sexual services by a child
8Forcing person into or to remain in sex work
9Forcing person to provide financial support out of sex work
10Living on earnings of sex worker
11Allowing child to take part in sex work
11AChild over 18 months not to be in brothel
15Being in, entering or leaving unlicensed brothel
16Offensive behaviour towards sex workers
17Advertising that contravenes regulations
18Advertising regulations
21Consuming liquor in brothel
21AOperating brothel other than in a building
Part 3—Licensing system
Division 1—Requirement to be licensed
22Sex work service providers to be licensed
23Special provisions for small owner-operated businesses
Division 2—The Authority and the Director
25Functions of Authority
26Functions of Director
27Delegation by Director
Division 3—Applications
33Application for licence
34Applications to be made available to the public
35Notice of application
36Application to be referred to Director and the Chief Commissioner
36AConsideration of application
37Circumstances in which Authority must refuse licence application
38Matters to be considered in determining suitability of applicant
39Grant or refusal of licence
39ALicensee identity cards
40Amendment of licence
40AAEndorsement of licence
40ASurrender of licence
41Cancelled or suspended licence must be returned
42Requirement for licensee to be in effective control of business
42AAbsence of licensee
43Updating of application
44Withdrawal of application
45False or misleading information
46Requirement to notify changes in information provided
46AAAuthority may conduct checks upon receipt of information relating to change of ownership of premises
46AAnnual licence fee and statement
46BExtension of time
46CFailure to comply with section 46A
46DProduction of information to Authority
46ERule against self-incrimination does not apply
Division 4—Licence cancellation and disciplinary action
47Licence cancellation
47ADeath, disability etc. of licensed sex work service provider
48Disciplinary action against licensee
48ADisciplinary powers of Tribunal
Division 5—Approved managers
49Personal supervision of business
50Approval of manager
51Circumstances in which Authority must refuse approval or renewal application
52Grant or refusal of approval or renewal
52AAAApproved manager identity cards
52AAAmendment of approval
52ABEndorsement of certificate of approval
52ASurrender of approval
53Cancellation of approval
53AApplication for permission to act as approved manager
53BPermission from the Authority
53CAuthority may impose conditions
54Disciplinary action against approved manager
54ADisciplinary powers of Tribunal
54BCancelled or suspended approval must be returned
Division 6—Register
55Licence and approvals register
Division 7—Applications for review
56Applications for review
Division 8—Offences
57Licensee not to carry on business with unlicensed partner etc.
58Power to require licensee, etc. to state name and address
59Power to require person to state age
60Display of licence
60ADisplay of prescribed signage relating to sexual slavery
61Production of licence, certificate of approval or identity card
Division 8A—Inspection powers
61ADefinitions
61BProduction of identity card
61CAccounts and other documents available for inspection
61DLicensees to produce documents and answer questions
61DAPersons to answer questions in relation to suspected non‑licensed sex work service providing businesses
61EThird parties to produce documents and answer questions relating to specified business
61FDepartment Heads, police and public authorities to produce information to inspectors
61GCertain other specified persons or bodies to produce information
61HPowers on production of documents
61IOrder requiring supply of information and answers to questions
61JEntry or search with consent
61KEntry without consent or warrant
61LSearch warrants
61MAnnouncement before entry
61NDetails of warrant to be given to occupier
61NADetails of warrant to be given to person in charge of vehicle
61OSeizure of things not mentioned in the warrant
61PEmbargo notice
61QCopies of seized documents
61RRetention and return of seized documents or things
61SMagistrates' Court may extend 3 month period
61TRequirement to assist inspector during entry
61URefusal or failure to comply with requirement
61VRule against self-incrimination does not apply
61WOffence to give false or misleading information
61WAPowers of court if requirement to produce information not complied with
61XApplication of provisions relating to inspections
61YService of documents
61ZConfidentiality
Division 9—Powers of entry
62Entry to licensed premises by Chief Commissioner of Police
63Entry to unlicensed premises—search warrant
64Entry to unlicensed premises—without search warrant
65Admissibility of evidence obtained under entry authority
65ADelegations by the Chief Commissioner
Division 10—Miscellaneous
66Sex Work Regulation Fund
67Advisory Committee
68Regulations
Division 11—Transitional
69Transitional (licence)
70Transitional (manager approval)
Part 4—Planning controls on brothels
Division 1—Definitions
71Definitions
Division 2—Permits
72Restriction on certain permit applications
73Matters to be considered by responsible authority
74Restriction on granting of permits
74AConditions on permits for licence applicants
75Persons not to have interest in more than one brothel licence or permit
75AAmendment of permits under the Planning and Environment Act 1987
76Transitional provision
Division 3—Application of Planning and Environment Act 1987
77Offences under Planning and Environment Act 1987
78Powers of entry
78AEntry to premises without planning permit—search warrant
78BEntry to premises without planning permit—without search warrant
78CAdmissibility of evidence obtained under authority
Division 4—Miscellaneous
79Regulations
Part 5—Proscribed brothels
80Declaration of proscribed brothel
81Publication of declaration
82Offences with respect to proscribed brothels
83Police powers with respect to proscribed brothels
84Rescission of declaration
85Proof of declaration or rescission
85AWhat constitutes evidence of proscribed brothel
Part 6—General
86Who may bring proceedings for offences?
86AApplication of Australian Consumer Law and Fair Trading Act 2012
87Secrecy
88Immunity
88ADestruction of fingerprints etc.
89Evidentiary provisions
89APower to serve an infringement notice
90Regulations
Part 7—Transitional provisions
91Prostitution Control (Amendment) Act 1997
92Prostitution Control (Amendment) Act 1999
93Prostitution Control and Other Matters Amendment Act 2008
94Saving provision concerning change of Act name
95Sex Work and Other Acts Amendment Act 2011
96Transitional provisions—Sex Work Decriminalisation Act 2022
Schedules
Schedule 3—Disciplinary offences
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 097
Sex Work Act 1994
No. 102 of 1994
Version incorporating amendments as at
10 May 2022
The Parliament of Victoria enacts as follows:
Part I—Preliminary
1Purpose
The main purpose of this Act is to seek to control sex work in Victoria. The Act also amends the Crimes Act 1958 to create a new offence related to child sex tourism and amends the Travel Agents Act 1986 to provide for the disqualification of licensed travel agents who are convicted of offences against that provision or the similar provisions contained in the Crimes Act 1914 of the Commonwealth.
2Commencement
(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
3Definitions
(1)In this Act—
Advisory Committee means the Advisory Committee established by section 67;
approved manager means a person who holds an approval of the Authority under section 52 as a manager of a sex work service providing business;
assault has the same meaning as in section 31(1) of the Crimes Act 1958;
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authorised officer of the responsible authority means an officer of the responsible authority who is authorised in writing by the responsible authority to enforce Parts 4 and 5;
authorised police officer means a police officer who is—
(a)of or above the rank of sergeant; or
(b)authorised in writing by the Chief Commissioner of Police to enforce Parts 3 to 5;
Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;
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brothel means any premises made available for the purpose of sex work by a person carrying on the business of offering or providing sex work services at the business's premises;
building means building or other structure permanently affixed to land, other than land covered with water, but does not include—
(a)a building or structure that is of a temporary nature or that is readily capable of being moved or transported from place to place; and
(b)a vehicle within the meaning of the Road Safety Act 1986; and
(c)a railway locomotive or railway rolling stock; and
(d)a vessel within the meaning of the Marine Safety Act 2010; and
(e)an aircraft of any type;
caretaker's house means a dwelling on a site occupied by—
(a)the owner or manager of an industry, business or community or religious establishment conducted on the site; or
(b)a person who has care of any building on the site in which such an industry, business or establishment is conducted or of any plant on the site used in the conduct of that industry, business or establishment;
child means a person under the age of 18 years;
children's services centre means any premises or place where a children's service within the meaning of the Children's Services Act1996 operates;
director, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;
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disqualifying offence means—
(a)an indictable offence; or
(b)an offence which, if committed in Victoria, would have been an indictable offence;
domestic partner of a person means—
(a)a person who is in a registered relationship with the person; or
(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i)for fee or reward; or
(ii)on behalf of another person
or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;
education and care service premises means a place where an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children;
entry authority means writing issued in accordance with the procedure set out in section 64(2) or 78B(2);
escort agency means a business of offering or providing, or facilitating the offer or provision of, sex work services to persons at premises not made available by the agency;
Fund means the Sex Work Regulation Fund;
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hospital means public hospital, private hospital or denominational hospital within the meaning of the Health Services Act 1988;
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inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;
law enforcement agency means—
(a)Victoria Police or the police force or police service of any other State or of the Northern Territory; or
(b)the Australian Federal Police; or
(c)the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;
lease includes a sub-lease and an agreement for a lease or sub-lease;
licence means a licence granted under Part 3 authorising the holder to carry on business as a sex work service provider;
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office hours means between the hours of 9.00 a.m. and 5.00 p.m. on any day other than—
(a)a Saturday or Sunday; or
(b)a day appointed under the Public Holidays Act 1993 as a public holiday in the relevant place;
officer, in relation to a body corporate, has the meaning given by section 82A of the Corporations Act;
owner means the person for the time being entitled to receive the rent of the land with respect to which the word is used or who would be entitled to receive the rent if the land were let at a rent;
payment includes any form of commercial consideration;
police officer has the same meaning as in the Victoria Police Act 2013;
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public place has the same meaning as in the Summary Offences Act 1966;
publish means—
(a)insert in a newspaper or other publication; or
(b)disseminate by broadcast, telecast or cinematograph; or
(c)exhibit by means of posters, film or videotape; or
(d)send or deliver to any person by any means whatever; or
(e)throw or leave upon premises in the occupation of any person; or
(f)bring to the notice of the public or any member of the public by any other means whatever;
Registrar means the Registrar of the Authority appointed under the Business Licensing Authority Act 1998;
relative, in relation to a person, means—
(a)the spouse or domestic partner of the person; or
(b)a parent, son, daughter, brother or sister of the person; or
(c)a parent, son, daughter, brother or sister of the spouse or domestic partner of the person;
relevant financial interest, in relation to a business, means—
(a)any share in the capital of the business; or
(b)any entitlement to receive any income derived from the business; or
(c)any entitlement to receive any payment as a result of money advanced to the business;
relevant position, in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated;
relevant power, in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
(a)to participate in any directorial, managerial or executive decision in the business; or
(b)to elect or appoint any person to any relevant position in the business;
responsible authority has the same meaning as in the Planning and Environment Act 1987;
school means a Government school or non‑Government school within the meaning of the Education and Training Reform Act 2006;
sex work means the provision by one person to or for another person (whether or not of a different sex) of sexual services in return for payment or reward;
sex work service provider means a person carrying on a business of a kind referred to in the definitions in this section of brothel and escort agency;
sexual penetration has the meaning given by section 35A of the Crimes Act 1958;
sexual services includes—
(a)taking part with another person in an act of sexual penetration; and
(b)masturbating another person; and
(c)permitting one or more other persons to view any of the following occurring in their presence—
(i)two or more persons taking part in an act of sexual penetration;
(ii)a person introducing (to any extent) an object or a part of their body into their own vagina or anus;
(iii)a person masturbating himself or herself or two or more persons masturbating themselves or each other or one or more of them—
in circumstances in which—
(iv)there is any form of direct physical contact between any person viewing the occurrence and any person taking part in the occurrence; or
(v)any person viewing the occurrence is permitted or encouraged to masturbate himself or herself while viewing—
and, for the purposes of this definition, a person may be regarded as being masturbated whether or not the genital part of his or her body is clothed or the masturbation results in orgasm;
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spouse of a person means a person to whom the person is married;
the Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;
Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
uninvolved relative means a relative of a person who—
(a)is not, and has never been involved in any business of the person involving sex work; or
(b)does not propose to be involved in the business that the person proposes to conduct as licensee or supervise as approved manager;
vagina includes—
(a)the external genitalia; and
(b)a surgically constructed vagina.
(2)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered relationship has the same meaning as in the Relationships Act 2008; and
(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c)a person is not a domestic partner of another person only because they are co-tenants.
3AAdmission charge constitutes payment for sexual services
If—
(a)admission to any premises is or may be procured by the payment of an admission fee or charge or the making of a donation of any kind; and
(b)sexual services are provided at those premises in the ordinary course of a business carried on at those premises without any further payment or reward being sought for the provision of those services—
the payment of the admission fee or charge or the making of the donation must be taken to be payment for the provision of the sexual services, whether or not entertainment or a service of any other kind is provided at those premises without any further payment or reward being sought for it.
3BExemptions for sex on premises venues
(1)The Secretary may exempt a sex on premises venue from the operation of this Act if the Secretary is satisfied that—
(a)the operator has agreed in writing to operate the venue in accordance with a statement of principles and procedures for the promotion of sexual health that has been approved by the Secretary; and
(b)if the venue has commenced operation, the operator is operating the venue in accordance with that statement of principles and procedures.
(2)In granting an exemption, the Secretary—
(a)must issue the exemption in writing; and
(b)may specify the period for which it is to apply; and
(c)may impose any condition that the Secretary considers to be appropriate for the purposes of protecting public health.
(3)The Secretary, at any time by notice in writing to the operator of a sex on premises venue, may vary, suspend or revoke an exemption granted under subsection (1) in respect of the venue if the Secretary is satisfied that the operator has failed to comply with—
(a)the statement of principles and procedures referred to in subsection (1); or
(b)a condition imposed under subsection (2)(c).
(4)The Secretary must notify the Director, the Authority and the Chief Commissioner of Police of—
(a)any exemption granted under subsection (1); or
(b)the suspension, variation or revocation of an exemption under subsection (3).
(5)In this section—
operator means the owner of the sex on premises venue business;
Secretary means the Secretary to the Department of Health;
sex on premises venue means any venue where a person is required to pay an admission fee or charge to enter the venue for the purpose of engaging in sexual activities with another person who has also entered the venue on the same terms and who did not receive any form of payment or reward, whether directly or indirectly, for engaging in sexual activities.
4Objects of Act
The objects of this Act are—
(a)to seek to protect children from sexual exploitation and coercion;
(b)to lessen the impact on the community and community amenities of the carrying on of sex work-related activities;
(c)to seek to ensure that criminals are not involved in the sex work industry;
(d)to seek to ensure that brothels are not located in residential areas or in areas frequented by children;
(da)to seek to ensure that no one person has at any one time an interest in more than one brothel licence or permit;
(e)to maximise the protection of sex workers and their clients from health risks;
(f)to maximise the protection of sex workers from violence and exploitation;
(g)to ensure that brothels are accessible to inspectors, law enforcement officers, health workers and other social service providers;
(h)to promote the welfare and occupational health and safety of sex workers.
Part 2—Offences connected with sex work
5Causing or inducing child to take part in sex work
(1)A person must not cause or induce a child to take part in an act of sex work, whether as the sex worker or as the client or in any other capacity, or to continue to take part in such acts.
Penalty:Level 5 imprisonment (10 years maximum).
(2)An offence against subsection (1) is an indictable offence.
(3)In a proceeding for an offence against subsection (1)—
(a)it is not necessary for the prosecution to prove that the accused knew that the person concerned was a child; but
(b)it is a defence to the charge for the accused to prove that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the person concerned was aged 18 years or more.
6Obtaining payment for sexual services provided by a child
(1)A person must not receive a payment (except in the ordinary course of a business unrelated to sex work) knowing that it or any part of it has been derived, directly or indirectly, from sexual services provided by a child.
Penalty:Level 4 imprisonment (15 years maximum).
(2)An offence against subsection (1) is an indictable offence.
(3)If in a proceeding for an offence against subsection (1) it is proved that the accused was residing with a sex worker who was a child, the accused must be presumed to be guilty of the offence in the absence of proof to the contrary.
(4)In a proceeding for an offence against subsection (1)—
(a)it is not necessary for the prosecution to prove that the accused knew that the person concerned was a child; but
(b)it is a defence to the charge for the accused to prove that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the person concerned was aged 18 years or more.
7Agreement for provision of sexual services by a child
(1)A person must not enter into or offer to enter into an agreement under which a child is to provide sexual services to or for that person or another person in return for payment or in exchange for drugs of dependence.
Penalty:Level 4 imprisonment (15 years maximum).
(2)An offence against subsection (1) is an indictable offence.
(3)In a proceeding for an offence against subsection (1)—
(a)it is not necessary for the prosecution to prove that the accused knew that the person who was to provide the sexual services was a child; but
(b)if the person concerned was aged 16 years or more at the time the offence is alleged to have been committed, it is a defence to the charge for the accused to prove that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the person concerned was aged 18 years or more.
8Forcing person into or to remain in sex work
(1)A person must not with intent to induce another person aged 18 years or more to engage or continue to engage in sex work—
(a)assault or threaten to assault that other person or any other person; or
(b)intimidate that other person or any other person; or
(c)supply or offer to supply a drug of dependence to that other person or any other person; or
(d)make a false representation or use any false pretence or other fraudulent means.
Penalty:Level 5 imprisonment (10 years maximum).
(2)An offence against subsection (1) is an indictable offence.
9Forcing person to provide financial support out of sex work
(1)A person must not with intent to induce another person aged 18 years or more to provide or continue to provide him or her with a payment or payments derived, directly or indirectly, from sex work engaged in by that other person—
(a)assault or threaten to assault that other person or any other person; or
(b)intimidate that other person or any other person; or
(c)supply or offer to supply a drug of dependence to that other person or any other person.
Penalty:Level 5 imprisonment (10 years maximum).
(2)An offence against subsection (1) is an indictable offence.
10Living on earnings of sex worker
(1)A person must not knowingly live wholly or in part on, or derive a material benefit from, the earnings of sex work.
Penalty:Level 6 imprisonment (5 years maximum).
(2)An offence against subsection (1) is an indictable offence.
(3)A person is not guilty of an offence against subsection (1) only because of deriving income as a sex work service provider if—
(a)there has been granted, and is in force, any licence required under Part 3 to authorise the person who is carrying on the business to carry on that business; and
(b)there has been granted, and is in force, any permit required under the Planning and Environment Act 1987 for the use or development of the land for the purposes of the business.
(4)In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that he or she did not hold a relevant position (whether in his or her own right or on behalf of any other person) in the sex work service providing business or exercise a significant influence over or with respect to the management or operation of that business.
11Allowing child to take part in sex work
(1)A person who owns or occupies any premises or who manages or assists in the management of any premises must not allow a child to enter or remain on the premises for the purpose of taking part in an act of sex work, whether as the sex worker or as the client or in any other capacity.
Penalty:Level 5 imprisonment (10 years maximum).
(2)An offence against subsection (1) is an indictable offence.
(3)In a proceeding for an offence against subsection (1)—
(a)it is not necessary for the prosecution to prove that the accused knew that the person concerned was a child; but
(b)it is a defence to the charge for the accused to prove that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the person concerned was aged 18 years or more.
(4)If in a proceeding for an offence against subsection (1) it is proved—
(a)that a child was on premises used for the purposes of the operation of a brothel and in respect of which a permit is required under the Planning and Environment Act 1987 for their use or development for those purposes; and
(b)that the child was on those premises for the purpose of taking part in an act of sex work—
the accused must be presumed to have allowed the child to enter or remain on those premises for that purpose unless the accused satisfies the court on the balance of probabilities that he or she did not know, and could not reasonably have known, that a child was on those premises for that purpose at the time the offence is alleged to have been committed.
11AChild over 18 months not to be in brothel
(1)A person who carries on a business of a kind referred to in the definition of brothel in section 3 or who assists in the management of that business must not allow a child over the age of 18 months to enter or remain in a brothel at which that business is carried on for any purpose whatsoever.
Penalty:Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(2)In a proceeding for an offence against subsection (1)—
(a)it is not necessary for the prosecution to prove that the accused knew that the person concerned was a child over the age of 18 months; but
(b)it is a defence to the charge for the accused to prove that, having taken all reasonable steps to find out the age of the person concerned, the accused believed on reasonable grounds, at the time the offence is alleged to have been committed, that the person concerned was aged 18 years or more or under 18 months.
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15Being in, entering or leaving unlicensed brothel
A person must not be found, without reasonable excuse, in or entering or leaving a brothel in respect of which there is not in force any licence required under Part 3.
Penalty:For a first offence—10 penalty units or imprisonment for 1 month;
For a second offence—30 penalty units or imprisonment for 3 months;
For a subsequent offence—60 penalty units or imprisonment for 6 months.
16Offensive behaviour towards sex workers
A person must not in or near a public place with the intention of intimidating, insulting or harassing a sex worker—
(a)behave in an indecent, offensive or insulting manner; or
(b)use threatening, abusive or insulting words.
Penalty:30 penalty units or imprisonment for 3 months.
17Advertising that contravenes regulations
A person must not publish or cause to be published an advertisement for sex work services that contravenes the regulations.
Penalty:40 penalty units.
18Advertising regulations
The Governor in Council may make regulations for or with respect to—
(a)the size, form and content of advertisements for sex work services or any class of sex work services;
(b)prohibiting the advertising—
(i)in a specified publication or specified class of publication; or
(ii)in a specified manner—
of advertisements for sex work services or any class of sex work services;
(c)generally prescribing any other matter or thing required or permitted by section 17 to be prescribed or necessary to be prescribed to give effect to section 17.
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21Consuming liquor in brothel
(1)A sex work service provider must not—
(a)sell, supply or consume liquor at a brothel; or
(b)permit liquor to be sold, supplied or consumed at a brothel.
Penalty:100 penalty units.
(2)If in a proceeding for an offence against subsection (1)(b) it is proved to the court that liquor was sold, supplied or consumed at a brothel, the sex work service provider must, in the absence of proof to the contrary, be presumed to have permitted the liquor to be sold, supplied or consumed.
(3)This section applies despite anything to the contrary in the Liquor Control Reform Act 1998 or in any licence or permit granted or having effect under that Act.
21AOperating brothel other than in a building
(1)A person must not carry on business as a sex work service provider of a kind referred to in the definition of brothel in section 3 at premises—
(a)for which there is not in force a permit granted under the Planning and Environment Act 1987 for their use or development for the purposes of the operation of a brothel; and
(b)that are not a building or part of a building.
Penalty:360 penalty units or imprisonment for 3 years or both.
(2)An offence against subsection (1) is an indictable offence.
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Part 3—Licensing system
Division 1—Requirement to be licensed
22Sex work service providers to be licensed
(1)A person must not knowingly or recklessly carry on business as a sex work service provider—
(a)without holding a licence; or
(b)in breach of any condition of a licence; or
(c)when a licence is suspended.
Penalty:
Level 6 imprisonment (5 years maximum) or a level 5 fine (1200 penalty units maximum) or
both.
(1A)A person must not carry on business as a sex work service provider—
(a)without holding a licence; or
(b)in breach of any condition of a licence; or
(c)when a licence is suspended.
Penalty:Level 7 fine (240 penalty units maximum).
(2)In a proceeding for an offence against subsection (1) or (1A) it is a defence to the charge for the accused to prove that he or she was exempted by section 23 from the requirement to hold a licence.
(2A)In a proceeding for an offence against subsection (1A) it is a defence to the charge for the accused to prove that, at the time of the conduct constituting the offence, the accused was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence against that subsection.
(3)A person must not assist in the carrying on of a sex work service providing business at a time when he or she knows that subsection (1) is being contravened or is reckless as to whether or not subsection (1) is being contravened.
Penalty:Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.
(4)An offence against subsection (1) or (3) is an indictable offence.
(5)In a proceeding for an offence against subsection (1), (1A) or (3) evidence of the presence on premises of materials commonly used in safe sexual practices is inadmissible for the purpose of establishing that a sex work service provider carried on business on those premises.
23Special provisions for small owner-operated businesses
(1)Subject to this section, the following are exempt from the requirement to hold a licence—
(a)a person carrying on a business as a sex work service provider—
(i)of a kind referred to in the definition of brothel in section 3 at premises in accordance with a permit granted under the Planning and Environment Act 1987; or
(ii)of a kind referred to in the definition of escort agency in section 3; or
(iii)of a kind referred to in both subparagraphs (i) and (ii)—
if only that person works as a sex worker in that business or only that person and one other particular person so work;
(b)two persons who either jointly or separately carry on such a business if only those persons work as sex workers in that business.
(2)An exemption referred to in subsection (1) does not apply if—
(a)clients are managed or directed to the premises or otherwise attended to by a person who does not work in the business and who performs this function in the course of another business; or
(b)a person who works in the business directs clients to a sex worker who does not work in the business; or
(c)the business being carried on is associated with another sex work service providing business, whether of the kind referred to in the definition of brothel or escort agency in section 3 or of both kinds.
(3)For the purposes of subsection (2)(c) businesses are associated if—
(a)they are carried on by the same person; or
(b)one business is carried on by a person and the other business is carried on by a person who is—
(i)a relative (other than an uninvolved relative) of that person; or
(ii)a business partner of that person; or
(iii)a person who has entered into a business arrangement or relationship with that person in respect of that person's business as a sex work service provider; or
(iv)directly receiving any income derived from the business carried on by the other; or
(c)one business is carried on by a body corporate and the other business is carried on by a person who—
(i)is a director or secretary of the body corporate or a spouse or domestic partner of such a director or secretary; or
(ii)holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or
(iii)holds or will hold any relevant position (whether in his or her own right or on behalf of any other person) in the business of the body corporate; or
(iv)is a related body corporate within the meaning of section 9 of the Corporations Act or a director or secretary, or a spouse or domestic partner of a director or secretary, of a related body corporate.
* * * * *
* * * * *
Division 2—The Authority and the Director
25Functions of Authority
The functions of the Authority under this Act are—
(a)to determine licence applications;
(b)to determine manager approval applications;
(c)to liaise with Victoria Police so as to assist Victoria Police in carrying out its functions in relation to sex work;
(d)to refer relevant matters for investigation by the WorkCover Authority, the Australian Taxation Office or the Department of Immigration and Border Protection of the Commonwealth or any other body;
(e)to inform the Advisory Committee about issues and trends relevant to its functions.
26Functions of Director
The functions of the Director under this Act are—
(a)to monitor compliance with and investigate and prosecute alleged contraventions of—
(i)sections 11A, 17 and 21; and
(ii)Part 3 (other than sections 22(1)(a), 22(1A)(a) and 22(3) to the extent that that subsection relates to an offence against section 22(1)(a) or 22(1A)(a)); and
(iii)Part 6 and any provisions applied by Part 6; and
(iv)the regulations;
(ab)to refer to the Chief Commissioner of Police for investigation any allegation, complaint or information that, in the opinion of the Director, may involve—
(i)a contravention of a provision of this Act for which the Director has no prosecutorial functions; or
(ii)the operation of a brothel at premises for which there is not in force the requisite planning permit under the Planning and Environment Act 1987; or
(iii)an organised crime offence within the meaning of the Major Crime (Investigative Powers) Act 2004 relating to the sex work industry, whether or not the Director has prosecutorial functions in relation to that allegation, complaint or information;
(ac)if a referral is made under paragraph (ab), to provide to the Chief Commissioner of Police all information in the possession of the Director that, in the opinion of the Director, is relevant to the referred matter;
(b)to liaise with the Authority and Victoria Police so as—
(i)to assist the Authority in carrying out its functions under this Act; and
(ii)to assist Victoria Police in carrying out its functions in relation to sex work;
(ba)to coordinate the exercise of the functions of the Director under paragraph (a) and the functions of Victoria Police in relation to sex work;
(c)to refer relevant matters for investigation by the WorkCover Authority, the Australian Taxation Office or the Department of Immigration and Border Protection of the Commonwealth or any other body;
(d)any other functions conferred on him or her by or under this Act.
27Delegation by Director
The Director may, by instrument, delegate to—
(a)the Authority; or
(b)the Registrar; or
(c)any person engaged or appointed under section 7(2) or 15 of the Business Licensing Authority Act 1998; or
(d)any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act—
any function or power of the Director under this Act other than this power of delegation.
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Division 3—Applications
33Application for licence
(1)A natural person aged 18 years or more who is not already a licensee may apply to the Authority for a licence authorising him or her to carry on business as a sex work service provider, whether of the kind referred to in the definition of brothel in section 3 or as an escort agency or both.
(2)An application—
(a)must be in writing in the form approved by the Authority;
(b)must specify—
(i)the name, address, occupation and date of birth—
(A)of the applicant; and
(B)of the owner of the premises on which the applicant intends to carry on the business or, if the owner is a body corporate, of each director and the secretary of the body corporate;
(ii)the address of the premises at which, and the name or names under which, the applicant intends to carry on the business;
(iii)whether the applicant intends to carry on the business in partnership with, or otherwise in association or conjunction with, another person;
(iv)any other matters that are prescribed;
(c)must be signed by the applicant;
(d)must be accompanied by—
(i)the prescribed application fee;
(ia)the prescribed licence fee;
(ii)any other things that are prescribed.
(3)An applicant must consent to having his or her fingerprints taken by an officer of the Authority or an authorised police officer.
(4)The Authority may refuse to consider an application for a licence if the applicant refuses to allow his or her fingerprints to be taken.
34Applications to be made available to the public
The Authority must make a copy of that part of an application for a licence that has not yet been determined that contains the matters specified under section 33(2)(b)(i), (ii) and (iii) available at its office for any person to inspect during office hours free of charge.
35Notice of application
(1)The Authority must give notice of an application for a licence—
(a)to the responsible authority; and
(b)in a newspaper generally circulating in Victoria.
(2)A notice under subsection (1) must invite written submissions on the grant of a licence to the applicant to be sent to the Authority before the date specified in the notice.
(3)In determining the application the Authority must consider any submission received by it before the specified date unless it is satisfied that the submission is frivolous, vexatious or irrelevant to the grant of a licence to the applicant.
36Application to be referred to Director and the Chief Commissioner
(1)The Authority must, except in the prescribed circumstances, give any details that the Authority considers relevant in respect of each application for a licence to the Director and the Chief Commissioner of Police.
(2)The Authority must refer any fingerprints taken under section 33(3) to the Chief Commissioner of Police and must not itself keep a copy of those fingerprints.
(3)The Chief Commissioner of Police, on receiving details of the application, must make any inquiries in relation to the application that the Chief Commissioner of Police considers appropriate.
(4)The Chief Commissioner, after receiving the results of the inquiries, must report to the Authority.
(5)The Director may report to the Authority on any matter he or she considers relevant in respect of an application for a licence.
(6)A report under subsection (4) or (5) may include recommendations.
36AConsideration of application
(1)The Authority must consider every application for a licence.
(2)In considering an application for a licence, the Authority may—
(a)conduct any inquiries it thinks fit;
(b)require an applicant to provide any further information that the Authority thinks fit in the manner required by the Authority;
(c)seek advice and information on the application from any other person or body or source it thinks fit.
(3)The Authority may engage or appoint any person to assist it in considering an application.
(4)The Authority may refuse to grant a licence to a person if the person does not provide the further information required within a reasonable time of the requirement being made.
(5)The Authority may postpone its consideration of an application for a licence until such time as it considers appropriate.
(6)The Authority is not required to conduct a hearing to determine whether to grant a licence or refuse to grant a licence.
37Circumstances in which Authority must refuse licence application
(1)The Authority must refuse to grant a licence to a person whom it is satisfied—
(a)is not a suitable person to carry on business as a sex work service provider; or
(b)has been convicted or found guilty of a disqualifying offence that renders the grant of a licence to that person against the public interest, having regard to—
(i)the nature of the offence; and
(ii)the date on which the offence was committed; or
(c)has, within the preceding 5 years, had a licence granted to him or her cancelled under Division 4; or
(d)is an associate of a person who has, or of a body corporate which has, within the preceding 5 years, been convicted or found guilty of a disqualifying offence referred to in paragraph (b); or
(e)is an associate of a body corporate a director or secretary of which has, within the preceding 5 years, been convicted or found guilty of a disqualifying offence referred to in paragraph (b); or
(f)is an insolvent under administration; or
(g)is a represented person within the meaning of the Guardianship and Administration Act 2019.
(2)For the purposes of subsection (1)(d) a person is an associate of another person if he or she—
(a)is a relative (other than an uninvolved relative) of that other person; or
(b)is a business partner of that other person; or
(c)has entered into a business arrangement or relationship or a lease with that other person in respect of a sex work service providing business.
(3)For the purposes of subsection (1)(d) or (e) a person is an associate of a body corporate if he or she—
(a)is a director or secretary of the body corporate or a relative (other than an uninvolved relative) of such a director or secretary; or
(b)holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the body corporate and thereby is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or
(c)holds or will hold any relevant position (whether in his or her own right or on behalf of any other person) in the business of the body corporate; or
(d)has entered into a business arrangement or relationship or a lease with the body corporate in respect of a sex work service providing business.
(4)Subsection (1)(f) applies to a person who is an insolvent under administration within the meaning of paragraph (d) of the definition of insolvent under administration in section 38 of the Interpretation of Legislation Act 1984 only if the person became an insolvent under administration within the meaning of that paragraph on or after the commencement of section 10 of the Licensing and Tribunal (Amendment) Act 1998.
38Matters to be considered in determining suitability of applicant
(1)In determining whether an applicant for a licence is a suitable person to carry on business as a sex work service provider, the Authority must consider—
(a)whether the applicant is of good repute, having regard to character, honesty and integrity;
(ab)whether, on account of any report made
to it or any information provided to it or otherwise in the Authority's possession, a person who would be an associate of the applicant for the purposes of section 37(1)(d) is of good repute, having regard to character, honesty and integrity;
(b)whether the applicant has, or is or will be able to obtain, financial resources that are adequate to ensure the financial viability of the business;
(c)whether the applicant has sufficient business ability to establish and maintain a successful business;
(d)whether the applicant will have in place arrangements to ensure the safety of persons working in the business that are adequate and comply with the prescribed requirements or the conditions or restrictions that might be set out in a licence;
(e)whether the proposed business structure is sufficiently transparent to enable all associates of the applicant (whether natural persons or bodies corporate) to be readily identified for the purposes of section 37;
(f)any other matters that are prescribed.
(2)The Authority must not class a person as not being a suitable person to carry on business as a sex work service provider only because he or she has worked as a sex worker.
39Grant or refusal of licence
(1)The Authority must grant a licence to an applicant if it is satisfied that the applicant is eligible for the grant of the licence.
(2)A licence may be granted subject to the conditions or restrictions set out in the licence which may include, in the case of an escort agency, requiring a specified type of communication system to be made available to, and used by, persons working in the business.
(3)A licence remains in force until it is surrendered, suspended or cancelled.
(4)A licence—
(a)is personal to the licensee;
(b)is not transferable to any other person;
(c)does not vest by operation of law in any other person.
39ALicensee identity cards
(1)The Authority must issue an identity card to a person who is granted a licence under section 39.
(2)An identity card issued under subsection (1) must be in the form approved by the Authority (which may require a photograph of the person) and is valid for the period specified by the Authority.
(3)A licensee must carry his or her identity card at all times while at the brothel to which the licence applies.
Penalty:10 penalty units.
40Amendment of licence
(1)The Authority may at any time vary or revoke a condition or restriction set out in a licence or impose a new condition or restriction.
(1A)The conditions and restrictions to which a licence is subject must be set out in the licence.
(2)The Authority may act under subsection (1)—
(a)of its own initiative; or
(b)on the application of the licensee; or
(c)on the application of an authorised police officer or the Director.
(3)An application by a licensee referred to in subsection (2) must be accompanied by the prescribed fee (if any).
40AA Endorsement of licence
(1)If under section 40 or 48A, a condition or restriction is imposed on a licence or varied or revoked, the Authority may require the licensee to produce the licence for endorsement of or variation or revocation of the condition or restriction.
(2)A licensee must comply with a requirement under subsection (1).
Penalty:Level 10 fine (10 penalty units maximum).
40ASurrender of licence
(1)Subject to subsection (2), a licensee may at any time by notice in writing to the Authority surrender the licence.
(2)If the Tribunal has determined to conduct an inquiry under section 48 in relation to a licensee, the licensee may not, without leave of the Tribunal, surrender the licence unless the Tribunal has determined to take action under section 48A or has determined not to take any such action.
(3)The person who held a licence that has been surrendered must return the licence to the Authority within 14 days of surrendering it.
Penalty:Level 10 fine (10 penalty units maximum).
41Cancelled or suspended licence must be returned
If a licence is suspended or cancelled under this Act, the person to whom the licence was issued must return the licence and any identity card issued under section 39A to the Authority within 7 days of receiving notification of the suspension or cancellation of the licence.
Penalty:25 penalty units.
42Requirement for licensee to be in effective control of business
(1)A licensee of a brothel must be regularly and usually in charge at the brothel.
Penalty:60 penalty units.
(2)A licensee of a brothel must give regular and substantial attendance at the brothel.
Penalty:60 penalty units.
(3)A licensee must properly control and supervise any approved manager appointed in respect of the licensee's business.
Penalty:60 penalty units.
(4)A licensee must take reasonable steps to ensure that any approved manager, employee, independent contractor or any other person connected with the licensee's business complies with the provisions of this Act and any other laws relevant to the conduct of the business while the licensee is engaged in that business.
Penalty:60 penalty units.
(5)A licensee must establish procedures designed to ensure that the licensee's business is conducted in accordance with the law and in a suitable manner.
Penalty:60 penalty units.
(6)A licensee must monitor the conduct of the licensee's business in a manner that will ensure, as far as is practicable, that those procedures are complied with.
Penalty:60 penalty units.
(7)If a business is run by more than one licensee, each licensee must ensure that at least one licensee is nominated as the licensee in effective control of the business at any one time and notify the Authority in writing of the nomination as soon as is practicable.
Penalty:60 penalty units.
(8)The nomination of a person as the licensee in effective control of the business under subsection (7) does not affect the duties and obligations of any other licensee under this Act.
42AAbsence of licensee
(1)A licensee does not commit an offence under section 42(1) or 42(2) if the person complies with this section.
(2)If a licensee of a business is to be absent from the business—
(a)for more than 7 days but less than 30 days, the licensee must notify the Authority in writing of the absence as soon as is practicable and in that notice nominate a licensee or approved manager to be in effective control of the business during the licensee's absence;
(b)for more than 30 days, the licensee must apply in writing to the Authority to appoint a nominated licensee or an approved manager to be in effective control of the business during the licensee's absence.
(3)In determining an application under subsection (2)(b), the Authority must take into account any prescribed matters.
(4)If the Authority is satisfied that a person nominated under subsection (2) is capable of managing the business, it may approve and permit that person to be in effective control of the business for a period specified by the Authority.
43Updating of application
If before a licence application is determined the applicant becomes aware of a change that has occurred in the information provided at any time by the applicant in, or in relation to, the application, the applicant must within 10 days after becoming so aware give particulars of the change to the Authority by writing signed by the applicant.
Penalty:Level 9 fine (60 penalty units maximum).
44Withdrawal of application
(1)An applicant for a licence may withdraw his or her application at any time before it has been determined.
(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—
that accompanied the application.
45False or misleading information
(1)A person must not in, or in relation to, an application for a licence or a statement under section 46A give information that is false or misleading in a material particular.
Penalty:Level 9 fine (60 penalty units maximum).
(2)In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that at the time at which the offence is alleged to have been committed, the accused believed on reasonable grounds—
(a)in the case of false information—that the information was true; or
(b)in the case of misleading information—that the information was not misleading.
46Requirement to notify changes in information provided
If at any time while a licence is in force the licensee becomes aware of a change that has occurred in the information provided at any time by the licensee in, or in relation to, an application for the licence or a statement under section 46A, the licensee must within 10 days after becoming so aware give particulars of the change to the Authority by writing signed by the licensee.
Penalty:Level 9 fine (60 penalty units maximum).
46AA Authority may conduct checks upon receipt of information relating to change of ownership of premises
(1)This section applies if information provided under section 46 relates to a change in the information that was provided under section 33(2)(b)(i)(B).
(2)The Authority may request, by notice in writing, any new owner of a premises from which a brothel is operated (or if that owner is a body corporate, each director of that body corporate) to furnish to the Authority any authorities and consents that it requires for the purpose of enabling it to determine if that person is of good repute, having regard to character, honesty and integrity.
(3)A person must comply with a request made under subsection (2).
Penalty:60 penalty units.
46AAnnual licence fee and statement
(1)A licensee must pay to the Authority the relevant prescribed annual licence fee on each anniversary of the date that the licence was granted.
(2)An annual licence fee may be paid at any time in the 6 weeks before it falls due.
(3)The payment must be accompanied by a statement in respect of the year up to the date that the payment is made that is in a form approved by the Authority and that is signed by the licensee.
(4)The statement must contain any information and be accompanied by any documents required by the Authority.
46BExtension of time
(1)On payment of any fee required by the regulations, a person may apply to the Authority for an extension of time or a further extension of time in which to comply with section 46A.
(2)The Authority may grant the application if it is made before the date in relation to which the extension is sought.
46CFailure to comply with section 46A
(1)If the licensee fails to comply with section 46A, the Authority must give the licensee a written notice stating that unless the licensee complies with that section and also pays to the Authority the late payment fee or late lodgement fee required by the regulations by the date specified in the notice, the licence will be cancelled.
(2)The date specified in the notice must be at least 14 days after the date on which the notice is given to the licensee.
(3)If the licensee has not complied with section 46A and paid the late payment fee or late lodgement fee by the date specified in the notice, the licence is automatically cancelled.
46DProduction of information to Authority
(1)The Authority may require a licensee to answer any question or provide information relating to the business of the licensee as a sex work service provider that the Authority reasonably requires to carry out its functions in relation to that licensee.
(2)A licensee must not refuse or fail, without reasonable excuse, to comply with a requirement made by the Authority under this section.
Penalty:Level 10 fine (10 penalty units maximum).
(3)Nothing in this section limits any requirement imposed on a licensee by or under section 46 or 46A.
46ERule against self-incrimination does not apply
(1)A licensee is not excused from answering a question or providing information under section 46D on the ground that the answer or the information might tend to incriminate the licensee.
(2)Before a licensee is required by the Authority to answer a question, the Authority must inform the licensee that if they claim, before answering the question, that the answer might tend to incriminate them, the answer is not admissible in evidence in any criminal proceedings, other than in proceedings in respect of the falsity of the answer.
(3)If the licensee claims, before answering a question, that the answer might tend to incriminate the licensee, the answer is not admissible in evidence in any criminal proceedings, other than in proceedings in respect of the falsity of the answer.
Division 4—Licence cancellation and disciplinary action
47Licence cancellation
(1)A licence is automatically cancelled if at any time after it is granted—
(a)the licensee is convicted or found guilty of an offence against the Drugs, Poisons and Controlled Substances Act 1981 or against a law of another State or of a Territory of the Commonwealth which the Governor in Council, by Order published in the Government Gazette, declares to be a law that makes provision substantially similar to the provisions of that Act or against a corresponding law within the meaning of that Act; or
(b)the licensee is convicted or found guilty of an offence that is set out in Schedule 3; or
(c)the licensee is convicted or found guilty of an indictable offence punishable by imprisonment for 12 months or more or of an offence which, if committed in Victoria, would have been an indictable offence punishable by imprisonment for 12 months or more; or
(d)the licensee is convicted or found guilty of an offence against section 45(1); or
(e)the licensee serves a sentence of imprisonment, whether in Victoria or outside Victoria; or
(f)the licensee becomes an insolvent under administration; or
(g)the licensee becomes a represented person within the meaning of the Guardianship and Administration Act 2019; or
(h)the licensee is convicted or found guilty of an offence against section 42.
(2)For the purposes of subsection (1), a conviction or finding of guilt takes effect at the conclusion of the proceeding for the offence, whether on appeal or otherwise, or at the end of any appeal period, whichever is the later.
(3)If at any time while the licence is in force one of the matters referred to in subsection (1) occurs to the licensee, the licensee must give particulars of the matter to the Authority in writing signed by the licensee within 10 days of the matter occurring, unless the licensee has a reasonable excuse.
Penalty:60 penalty units.
* * * * *
(4)The cancellation of a licence has no effect on any permit in force under the Planning and Environment Act 1987 for a use or development of land for the purposes of the licensed business or on any action which might be taken under that or any other Act or law in respect of a contravention of a condition of such a permit.
47ADeath, disability etc. of licensed sex work service provider
(1)The following persons may carry on the sex work service providing business of a person who was a licensed sex work service provider under this Part for 30 days after the person ceases to be licensed—
(a)if the person dies, the executor named in the person's will or the administrator of the person's estate or any person who intends applying for letters of administration in relation to the person's estate;
(b)if the person becomes an insolvent under administration, the assignee, trustee or receiver of the person;
(c)if the person becomes a represented person within the meaning of the Guardianship and Administration Act 2019, the guardian or administrator of the person or any person nominated by the guardian or administrator.
(2)If a person authorised to carry on the business applies to the Authority within the 30-day period for permission to carry on the business for a longer period, the person may continue to carry on the business until the Authority makes a decision on the application.
(3)The Authority may grant an application if it is satisfied that it is not contrary to the public interest to do so.
(4)In granting its permission, the Authority may limit it in any way it thinks appropriate and may impose any conditions it thinks appropriate to ensure the ongoing protection of the public interest.
(5)The Authority may at any time withdraw any permission it has granted under this section or limit, or impose, revoke or vary conditions on, any such permission.
(6)A person who has been granted permission under this section must comply with any limitation or condition that applies to the permission.
Penalty:50 penalty units.
(7)A person who carries on a sex work service providing business under this section is deemed, for the purposes of this Act, to be a licensed sex work service provider on the same terms and conditions as applied to the person who has ceased to be licensed.
48Disciplinary action against licensee
(1)The Director, the Chief Commissioner of Police or an authorised officer of the responsible authority may apply at any time to the Tribunal to conduct an inquiry to determine whether there are grounds for taking action under section 48A against a licensee.
* * * * *
(3)There are grounds for taking action under section 48A if the Tribunal is satisfied that—
(a)any use or development of land for the purposes of the licensed business is or was in contravention of a condition of a permit granted under the Planning and Environment Act 1987; or
(b)the licensee has been convicted or found guilty of any offence against this Act or the regulations; or
(c)the licensee has been convicted or found guilty of an offence against the regulations made under the Public Health and Wellbeing Act 2008; or
(d)the licensed business has been managed in such a way that it is desirable that action should be taken against the licensee; or
(da)the licensee has, at any time after the commencement of section 14 of the Prostitution Control (Amendment) Act 1999, knowingly or recklessly permitted the involvement in the management or operation of the licensed business of a person who, within the preceding 5 years, had been convicted or found guilty of a disqualifying offence that would, if the person were an applicant for a licence, be an offence referred to in section 37(1)(b); or
(e)an offence under the Drugs, Poisons and Controlled Substances Act 1981
or an indictable offence punishable by imprisonment for 12 months or more has been committed on premises at which the licensee is carrying on business as a sex work service provider; or
(f)the licensee has been charged with any offence referred to in—
(i)section 47(1)(a), (b) or (c); or
(ii)paragraph (b), (c) or (e) of this subsection; or
(iii)Schedule 3; or
(fa)the effective control of the licensed business is not, or is unlikely to remain, with the licensee; or
(g)the licensee has contravened this Act or the regulations.
* * * * *
(5)If an application for a disciplinary inquiry is made, an inquiry must not start within 30 days of when the application for the inquiry is made unless—
(a)the person who made the application or the licensee applies to the Tribunal for the inquiry to be started within that time; and
(b)the Tribunal is satisfied that there are exceptional circumstances.
(6)For the purposes of subsection (3)(fa), in determining whether a licensee is or is likely to remain in effective control of a licensed business, the Tribunal must consider whether the licensee has complied or is likely to comply with section 42.
48ADisciplinary powers of Tribunal
(1)In addition to any other powers of the Tribunal under this Act it may, if satisfied that there are grounds for taking action against a licensee under this section, by order do one or more of the following—
(a)reprimand the licensee;
* * * * *
(c)order the licensee to pay into the Fund a penalty not exceeding an amount that is 600 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004;
(d)impose any condition or restriction on the licence;
(e)require the licensee to enter into an undertaking to perform, or not to perform, certain tasks to be specified in the undertaking;
(f)require the licensee to comply within, or for, a specified time with a requirement specified by the Tribunal;
(g)cancel the licence or suspend the licence for a specified period not exceeding one year;
(h)order that the licensee be ineligible to hold a licence or be an approved manager either permanently or temporarily.
(2)Despite anything to the contrary in subsection (1), the only action that the Tribunal may take solely on the ground set out in section 48(3)(f) is to suspend the licence.
(3)If the Tribunal orders the payment of an amount under subsection (1)(c)—
(a)it may order that the amount be paid by a specified date; and
(b)if the amount is not paid by that 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 that final date, it may cancel the licence; and
(d)it may extend any period of time it sets under paragraph (a) or (b) at any time.
(4)The Tribunal may suspend or cancel a licence under subsection (3) without giving the licensee a chance to be heard.
(5)Subject to subsection (6), a suspension imposed on a licensee under subsection (1) solely on the ground set out in section 48(3)(f) remains in force until the licence—
(a)is surrendered; or
(b)is cancelled.
* * * * *
(6)The Tribunal must immediately remove a suspension referred to in subsection (5) if—
(a)the charge is withdrawn; or
(ab)the prosecution for the offence is discontinued; or
(b)the licensee is not found guilty of the offence on the hearing and determination of the charge; or
(c)any finding of guilt made, and any conviction recorded, on the hearing and determination of the charge is set aside on appeal.
(7)The cancellation or suspension of a licence has no effect on any permit in force under the Planning and Environment Act 1987 for a use or development of land for the purposes of the licensed business or on any action which might be taken under that or any other Act or law in respect of a contravention of a condition of such a permit.
(8)A reference to a licensee in this section includes a reference to any person who was a licensee at the time any ground referred to in section 48(3) existed or was alleged to exist, even if the person is not a licensee at the time any action is taken under this section.
Division 5—Approved managers
49Personal supervision of business
(1)A licensed business of a kind referred to in the definition in section 3 of brothel must at all times when open for business be personally supervised by the licensee or an approved manager.
(2)A licensee or approved manager who is not on the premises at which the business is being carried on at a particular time cannot be regarded as personally supervising the business at that time.
(3)If subsection (1) is contravened with respect to a licensed sex work service providing business—
(a)the licensee; and
(b)the approved manager (if any) whose duty it was to personally supervise the business at the relevant time—
are each guilty of an offence and liable to a penalty of not more than 60 penalty units or imprisonment for not more than 6 months.
(4)In a proceeding for an offence against subsection (3), it is a defence to the charge for the accused to prove that at the time the offence is alleged to have been committed—
(a)the accused did not know and could not reasonably have known that the business was open for business and was not being personally supervised as required by subsection (1); or
(b)the accused believed on reasonable grounds that the business was being personally supervised as required by subsection (1).
50Approval of manager
(1)A person may at any time apply to the Authority for approval of himself or herself as a manager of a sex work service providing business or for the renewal of such an approval.
(2)An application under subsection (1) must be in writing and be accompanied by the prescribed application fee and any other things that are prescribed.
(2A)An applicant under subsection (1) must consent to having his or her fingerprints taken by an officer of the Authority or an authorised police officer.
(2B)The Authority may refuse to consider an application under subsection (1) if the applicant refuses to allow his or her fingerprints to be taken.
(3)A renewal application must be made at least 3 months before the expiry of the approval but not earlier than 6 months before that expiry.
* * * * *
* * * * *
(5A)The Authority must refer any fingerprints taken under subsection (2A) to the Chief Commissioner of Police and must not itself keep a copy of those fingerprints.
* * * * *
(7)Sections 36, 36A, 43, 44 and 45, extend and apply to applications under subsection (1) in the same way and to the same extent as they do in relation to licence applications with any necessary modifications.
51Circumstances in which Authority must refuse approval or renewal application
(1)The Authority must refuse to approve as a manager of a sex work service providing business, or refuse to renew such an approval of, a person whom it is satisfied—
(a)is not of good repute, having regard to character, honesty and integrity; or
(b)has, within the preceding 5 years, been convicted or found guilty of a disqualifying offence that would, if the person were an applicant for a licence, be an offence referred to in section 37(1)(b); or
(c)has, within the preceding 5 years, had a licence granted to him or her cancelled under Division 4; or
(d)is an associate of a person who has, or
(2)Section 48(3)(da) as amended by section 7 of the Sex Work and Other Acts Amendment Act 2011 applies to applications under section 48(1) made on or after the commencement of section 7 of that Act.
(3)Section 51(1)(b) as amended by section 8 of the Sex Work and Other Acts Amendment Act 2011 applies to applications under section 50(1) made on or after the commencement of section 8 of that Act.
96Transitional provisions—Sex Work Decriminalisation Act 2022
On and from the repeal of section 24, the register maintained under that section is closed and is to be kept and maintained in accordance with section 17AB of the Business Licensing Authority Act 1998.
* * * * *
Schedules
* * * * *
* * * * *
Schedule 3—Disciplinary offences
Sections 47(1) and 53(1)
1.An offence against any of the following sections of the Migration Act 1958 of the Commonwealth—
Section Description of offence 233 (Persons concerned in bringing non-citizens into Australia in contravention of Act or harbouring illegal entrants) 234 (False papers etc.) 235 (Offences in relation to work) 236 (Offences relating to visas) 240 (Offence to arrange marriage to obtain permanent residence) 241 (Offence to arrange pretended de facto relationship to obtain permanent residence) 242 (Offence to arrange interdependency relationship to obtain permanent residence) 243 (Offences relating to an application for permanent residence because of marriage or de facto relationship) 244 (Offences relating to application for permanent residence because of interdependency) 245 (Offences of making false or unsupported statements) 245AB (Allowing an unlawful non-citizen to work) 245AC (Allowing a non-citizen to work in breach of a visa condition) 245AD (Referring an unlawful non‑citizen for work) 245AE (Referring a non-citizen for work in breach of a visa condition) 280 (Restrictions on giving of immigration assistance) 281 (Restriction on charging fees for immigration assistance) 282 (Restriction on charging fees for immigration representatives) 283 (False representation that a person is a registered agent) 284 (Restriction on self-advertising of the giving of immigration assistance) 285 (Restriction on other advertising of immigration assistance) 2.An offence against the following section of the Crimes Act 1914 of the Commonwealth—
Section Description of offence 29B (False representation). 3.An offence against any of the following sections of the Criminal Code Act 1995 of the Commonwealth—
Section Description of offence 270.3 (Slavery offences) 270.6 (Sexual servitude offences) 270.7 (Deceptive recruiting for sexual services) 270.8 (Aggravated offences) 271.2 (Offence of trafficking in persons) 271.3 (Aggravated offence of trafficking in persons) 271.4 (Offence of trafficking in children) 271.5 (Offence of domestic trafficking in persons) 271.6 (Aggravated offence of domestic trafficking in persons) 271.7 (Offence of domestic trafficking in children) 271.8 (Offence of debt bondage) 271.9 (Offence of aggravated debt bondage)
═══════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 21 October 1994
Legislative Council: 29 November 1994
The long title for the Bill for this Act was "A Bill to reform the law relating to prostitution, to repeal the Prostitution Regulation Act 1986 and the Town and Country Planning (Miscellaneous Provisions) Act 1961, to amend the Crimes Act 1958, the Evidence Act 1958 and the Travel Agents Act 1986 and to make consequential amendments to certain other Acts and for other purposes.".
The Prostitution Control Act 1994 was assented to on 13 December 1994 and came into operation as follows:
Sections 1, 2 on 13 December 1994: section 2(1); rest of Act on 13 June 1995: section 2(3).
The title of this Act was changed from the Prostitution Control Act 1994 to the Sex Work Act 1994 by section 42(1) of the Consumer Affairs Legislation Amendment Act 2010, No. 1/2010.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Sex Work Act 1994 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Miscellaneous Acts (Health and Justice) Amendment Act 1995, No. 99/1995
Assent Date: 5.12.95 Commencement Date: 5.12.95 CurrentState: All of Act in operation
Children's Services Act 1996, No. 53/1996
Assent Date: 3.12.96 Commencement Date: S. 60 on 1.6.98: Government Gazette 28.5.98 p. 1189 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
Assent Date: 17.12.96 Commencement Date: Pt 20 (ss 68–73) on 17.12.96: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Prostitution Control (Amendment) Act 1997, No. 47/1997
Assent Date: 11.6.97 Commencement Date: Ss 4–43 on 28.10.97: Government Gazette 9.10.97 p. 2820 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997
Assent Date: 11.6.97 Commencement Date: S. 70 on 1.9.97: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998)
Assent Date: 2.6.98 Commencement Date: Ss 193–233 on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Licensing and Tribunal (Amendment) Act 1998, No. 101/1998
Assent Date: 1.12.98 Commencement Date: Pt 5 (ss 10, 11) on 1.2.99: Government Gazette 24.12.98 p. 3204 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
Assent Date: 18.5.99 Commencement Date: S. 40 on 1.9.99: Government Gazette 19.8.99 p. 1901 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Prostitution Control (Amendment) Act 1999, No. 44/1999
Assent Date: 8.6.99 Commencement Date: Ss 4(1), 7–11, 13–20, 23–25, 27–31 on 8.6.99: s. 2(1); ss 4(2)(3), 5, 6(1), 26 on 1.9.99: s. 2(3); ss 6(2), 12, 21, 22 on 1.2.00: s. 2(5) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Prostitution Control (Planning) Act 2000, No. 12/2000
Assent Date: 18.4.00 Commencement Date: 19.4.00: s. 2 CurrentState: All of Act in operation
Planning and Environment (Amendment) Act 2000, No. 28/2000
Assent Date: 30.5.00 Commencement Date: S. 21 on 31.5.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Business Registration Acts (Amendment) Act 2000, No. 35/2000
Assent Date: 6.6.00 Commencement Date: S. 49 on 19.6.00: Government Gazette 15.6.00 p. 1248 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 60) on 1.6.01: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Prostitution Control (Proscribed Brothels) Act 2001, No. 22/2001
Assent Date: 29.5.01 Commencement Date: 30.5.01: s. 2 CurrentState: All of Act in operation
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date: 12.6.01 Commencement Date: S. 8(Sch. 6 item 5) on 28.6.01: Government Gazette 28.6.01 p. 1428 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 94) on 15.7.01: s. 2 CurrentState: All of Act in operation
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003
Assent Date: 16.6.03 Commencement Date: S. 52(Sch. 1 item 10) on 17.6.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Crimes (Controlled Operations) Act 2004, No. 16/2004
Assent Date: 18.5.04 Commencement Date: S. 55 on 2.11.08: Government Gazette 30.10.08 p. 2530 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
Assent Date: 21.12.04 Commencement Date: Ss 60, 61 on 22.12.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 165) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Education and Training Reform Act 2006, No. 24/2006
Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 32) on 1.7.07: Government Gazette 28.6.07 p. 1304 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 87) on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007
Assent Date: 29.5.07 Commencement Date: S. 36(Sch. item 11) on 30.5.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
Assent Date: 11.2.08 Commencement Date: S. 60(Sch. item 9) on 12.2.08: s. 2(1) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 27) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Relationships Act 2008, No. 12/2008
Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 49) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008
Assent Date: 3.6.08 Commencement Date: S. 86 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Public Health and Wellbeing Act 2008, No. 46/2008
Assent Date: 2.9.08 Commencement Date: S. 283 on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Prostitution Control and Other Matters Amendment Act 2008, No. 82/2008
Assent Date: 11.12.08 Commencement Date: Ss 3(1)(2), 9, 11, 12, 14, 16 –19 on 12.12.08: s. 2(1); ss 3(3)(4), 4, 5, 7(3), 10, 13, 15 on 1.3.09: s. 2(3); ss 6, 7(1)(2), 8 on 1.1.10: s. 2(4) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Justice Legislation Amendment Act 2009, No. 25/2009
Assent Date: 17.6.09 Commencement Date: Ss 27–33 on 3.9.09: Government Gazette 3.9.09 p. 2331 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 98) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 45) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010 (as amended by Nos 63/2010, 36/2011)
Assent Date: 9.2.10 Commencement Date: Ss 47, 63 on 1.8.10: Government Gazette 22.7.10 p. 1628; ss 42, 44, 52, 53, 62, 64–67, 71, 72, 74, Sch. on 1.11.10: Government Gazette 14.10.10 p. 2404; s. 60 on 1.12.10: Government Gazette 14.10.10 p. 2404; ss 68(1)(2)(4), 69, 70 on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1; s. 68(3)(5) never proclaimed, repealed by No. 63/2010 s. 32; ss 43, 45, 46, 48–51, 54–59, 61, 73 on 1.9.11: s. 2(5) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 (as amended by No. 63/2010)
Assent Date: 28.9.10 Commencement Date: S. 74 on 1.11.10: Government Gazette 14.10.10 p. 2404 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Justice Legislation Further Amendment Act 2010, No. 64/2010
Assent Date: 28.9.10 Commencement Date: S. 69 on 1.1.11: s. 2(11) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Marine Safety Act 2010, No. 65/2010
Assent Date: 28.9.10 Commencement Date: S. 420(Sch. 3 item 15) on 1.7.12: s. 2(2) CurrentState: The information relates only to the provision/s amending the Sex Work Act 1994
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 18) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Sex Work and Other Acts Amendment Act 2011, No. 73/2011
Assent Date: 6.12.11 Commencement Date: Ss 14, 15 on 7.12.11: s. 2(1); ss 3–13 on 1.3.12: Special Gazette (No. 54) 28.2.12 p. 1 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Children's Services Amendment Act 2011, No. 80/2011
Assent Date: 21.12.11 Commencement Date: S. 79(Sch. item 7) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 42) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 CurrentState: The information relates only to the provision/s amending the Sex Work Act 1994
Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013
Assent Date: 17.12.13 Commencement Date: S. 51 on 18.12.13: s. 2(1) CurrentState: The information relates only to the provision/s amending the Sex Work Act 1994
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 155) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 CurrentState: The information relates only to the provision/s amending the Sex Work Act 1994
Consumer Affairs Legislation Amendment Act 2014, No. 50/2014
Assent Date: 12.8.14 Commencement Date: Ss 46–48 on 13.8.14: s. 2(1) CurrentState: The information relates only to the provision/s amending the Sex Work Act 1994
Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014
Assent Date: 21.10.14 Commencement Date: S. 34 on 1.7.15: s. 2(3) Current State: This information relates only to the provision/s amending the Sex Work Act 1994
Veterans and Other Acts Amendment Act 2015, No. 12/2015
Assent Date: 21.4.15 Commencement Date: S. 21(Sch. 1 item 11) on 22.4.15: s. 2(1) CurrentState: The information relates only to the provision/s amending the Sex Work Act 1994
Statute Law Revision Act 2015, No. 21/2015
Assent Date: 16.6.15 Commencement Date: S. 3(Sch. 1 item 49) on 1.8.15: s. 2(1) CurrentState: The information relates only to the provision/s amending the Sex Work Act 1994
Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016
Assent Date: 10.5.16 Commencement Date: Ss 37–43 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1 Current State: This information relates only to the provision/s amending the Sex Work Act 1994
Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016
Assent Date: 6.9.16 Commencement Date: S. 44 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Work Act 1994
Bail Amendment (Stage One) Act 2017, No. 26/2017
Assent Date: 27.6.17 Commencement Date: S. 26 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1 Current State: This information relates only to the provision/s amending the Sex Work Act 1994
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 118) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Work Act 1994
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018
Assent Date: 14.8.18 Commencement Date: Ss 97, 98 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Guardianship and Administration Act 2019, No. 13/2019
Assent Date: 4.6.19 Commencement Date: S. 221(Sch. 1 item 49) on 1.3.20: s. 2(2) Current State: This information relates only to the provision/s amending the Sex Work Act 1994
Consumer Legislation Amendment Act 2019, No. 47/2019
Assent Date: 3.12.19 Commencement Date: Ss 100, 101 on 18.12.19: Special Gazette (No. 537) 17.12.19 p. 1 CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
Sex Work Decriminalisation Act 2022, No. 7/2022
Assent Date: 1.3.22 Commencement Date: Ss 5–22 on 10.5.22: s. 2(2) CurrentState: This information relates only to the provision/s amending the Sex Work Act 1994
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 52: The amendment made to section 52 by section 218(2) of the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 was repealed, as from 1 July 1998, by section 21(c) of the Licensing and Tribunal (Amendment) Act 1998, No. 101/1998 (repealed).
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