Untitled document

Prostitution Control (Amendment) Act 1997

Act No. 47/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Amendment of section 3	2
5.	Amendment of section 22—offence to carry on business as a
prostitution service provider when licence suspended.	2
6.	Register under section 24	3
7.	Prostitution Control Board	3
8.	Functions of Board	4
9.	Repeal of section 27(2)	4
10.	New sections 27A—27C inserted	4
27A. Appearance	5
27B. Evidence	6
27C. Contempt of Board	7
11.	Deputy registrar	7
12.	Application for licence to be accompanied by prescribed licence
fee	7
13.	Amendment of section 37	8
14.	Amendment of section 39	8
15.	Amendment of section 40	8
16.	New section 40A inserted	8
40A. Surrender of licence	8
17.	Application for renewal of licence to be accompanied by
prescribed licence fee	8
18.	Amendment of section 42	9
19.	Amendment of section 44(2)	9
20.	New section 46A inserted	9
46A. Annual statement	9
21.	Substitution of heading to Division 4 of Part 3	9
"Division 4—Licence Cancellation and Disciplinary Action".	9
22.	Licence cancellation	10
23.	Substitution of section 48	10
48. Disciplinary action against licensee	10
48A. Disciplinary powers of Board	12
24.	Amendment of section 49	14

i

Section Page

25.	Application for approval as manager	14
26.	Amendment of section 51	15
27.	Amendment of section 52	15
28.	New section 52A inserted	15
52A. Surrender of approval	15
29.	Cancellation of approval	16
30.	Substitution of section 54	16
54. Disciplinary action against approved manager	16
54A. Disciplinary powers of Board	18
31.	Licence and approvals register	20
32.	Amendment to section 56—appeal on a question of law	21
33.	Amendment of section 58	21
34.	Amendment of section 61	22
35.	Amendment of section 66	22
36.	Minor amendments to section 69	22
37.	Minor amendments to section 70	22
38.	Evidence in applications for premises to be declared proscribed
brothels	22
39.	Amendment of section 89	22
40.	Transitional provisions	23
PART 7—TRANSITIONAL PROVISIONS	23
91. Prostitution Control (Amendment) Act 1997	23
41.	Amendment to Schedule 1	24
42.	Amendments to Schedule 2	24
43.	New Schedule 3 inserted	27

═══════════════

NOTES 29

ii

Victoria

No. 47 of 1997

Prostitution Control (Amendment) Act

1997†

[Assented to 11 June 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the

Prostitution Control Act 1994—

(a) to improve the efficiency and effectiveness of the Prostitution Control Board;

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 2

(b) to improve the efficiency and effectiveness of the licensing system established under the Act;

(c) to improve the operation of the Act.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

(2) Subject to sub-section (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 sub-section (2) does

not come into operation before 1 July 1998, it
comes into operation on that day.

3. Principal Act No. 102/1994. Reprint No. 1

In this Act, the Prostitution Control Act 1994 is	as at 27 June 1996. Further
called the Principal Act.	amended by Acts Nos 53/1996 and 73/1996.

4. Amendment of section 3

In section 3 of the Principal Act, after the
definition of "Advisory Committee" insert—

' "approved manager" means a person who

holds an approval of the Board under section
52 as a manager of a prostitution service
providing business;'.

5.  Amendment of section 22—offence to carry on business as a prostitution service provider when licence suspended.

In section 22(1) of the Principal Act at the end of paragraph (b) insert—

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s. 6 Act No. 47/1997

"; or

(c) when a licence is suspended.".

6. Register under section 24

(1) In section 24(6) of the Principal Act for "sign the correction and mark it with" substitute "record in the register".

(2) After section 24(6) of the Principal Act insert—

"(7) The Board, on the application of a person whose name appears in the register, may direct the registrar to omit that person's entry

from the register with effect from the date on
which the application was received by the
Board.

(8) On omitting an entry the registrar must

record in the register the date with effect
from which the omission was made.".

7. Prostitution Control Board

(1) In section 25(2) of the Principal Act—

(a) after paragraph (a) insert— "(ab) one, who is to be the deputy

chairperson, shall have been enrolled for not less than 7 years as a barrister and solicitor of the Supreme Court or of

the High Court of Australia;";

(b) in paragraph (b), for "two shall be barristers and solicitors" substitute "one shall be a barrister and solicitor".

(2) For section 25(4) and (4A) of the Principal Act

substitute—

"(4) Any matter before the Board must be

determined by the Board constituted by—

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 8

(a)	the chairperson or the deputy chairperson; and
(b)	to in section 25(2)(b) or (c), selected by the chairperson or the deputy

one member, who is a person referred is presiding in the matter; and

(c)	one member, who is a person referred to in section 25(2)(d) selected by the chairperson or the deputy chairperson, if the deputy chairperson is presiding in the matter; and
(d)	if the chairperson or the deputy chairperson deems it appropriate in a matter in which he or she is presiding, any other member or members of the Board selected by him or her.".

(3) In section 25(6) of the Principal Act after

"chairperson" insert "and the deputy

chairperson".

8. Functions of Board

(1) In section 26 of the Principal Act, after paragraph

(f) insert—
"(fa) to discipline licensees and approved

managers;".

(2) In section 26 of the Principal Act, in paragraph (j) for "Council" substitute "Committee".

9. Repeal of section 27(2)

Section 27(2) of the Principal Act is repealed.

10. New sections 27A—27C inserted

After section 27 of the Principal Act insert—

Prostitution Control (Amendment) Act 1997

s. 10 Act No. 47/1997

"27A. Appearance

(1) In any proceeding before the Board, a party

to the proceeding may appear and be
heard—

(a) personally; or

(b) by a duly qualified legal practitioner; or

(c)	if the person is a body corporate, by a director, secretary or other officer of the body corporate; or
(d)	if the Board determines that there are special circumstances in the particular case, by a person specified by the

Board.

(2) A person may be summoned at the direction

of the Board, or at the request of a party to any proceeding before the Board, to appear before the Board to give evidence at the
proceeding and to produce such records (if
any) as are referred to in the summons.

(3) A summons to appear before the Board must be issued by the registrar and may be served on the person to whom it is directed by

delivering a true copy of the summons to that
person or by leaving a true copy for the
person at the person's last or most usual
place of abode or business with a person who
appears to reside at that abode or to be
employed at that place of business and to be
not less than 16 years of age.

(4) A person whose appearance at a proceeding

has been required by a summons served
under sub-section (3) must attend the
proceeding until he or she is discharged from

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 10

further attendance by the Board, regardless
of any adjournments or postponement of the

proceeding.

Penalty:  10 penalty units or imprisonment
for 3 months.

(5) A person summoned to appear before the Board must be paid by the Board or, if the Board so orders by a party to the proceeding,

such fees and allowances as are determined by the Board, if the person asks for them to be paid.

(6) A person is not excused from answering any question or producing any document on the ground that the answer or document might tend to incriminate the person, but if the

person claims, before answering the question
or producing the document, that the answer
or document might tend to incriminate the
person, the answer or document is not
admissible in evidence against the person in
criminal proceedings, other than proceedings
in respect of the falsity of the answer or

document.

27B. Evidence

(1) Evidence during a proceeding before the

Board—

(a) may be given orally or in writing; and

(b) if the Board so requires, must be given on oath or by affirmation.

(2) The chairperson or deputy chairperson may administer an oath or take an affirmation for the purpose of taking and receiving evidence at a proceeding.

Prostitution Control (Amendment) Act 1997

s. 11 Act No. 47/1997

27C. Contempt of Board

A person must not—

(a)	insult a member in the performance of functions or the exercise of powers as a member at a proceeding before the Board; or
(b)	interrupt a proceeding before the Board; or
(c)	create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Board is conducting a proceeding; or
(d)	do any other act that would, if the Board were a court of record, constitute a contempt of that court.
Penalty:	10 penalty units or imprisonment for 3 months.".

11. Deputy registrar

(1) In section 31(1) of the Principal Act after "Board and" insert "any deputy registrars and".

(2) After section 31(2) of the Principal Act insert— "(3) A deputy registrar may, subject to the

directions of the registrar, exercise any of the
powers or perform any of the functions of
the registrar.".

12.  Application for licence to be accompanied by prescribed licence fee

In section 33(2)(d) of the Principal Act, after sub-
paragraph (i) insert—
"(ia) the prescribed licence fee;".

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 13

13. Amendment of section 37

In section 37(1)(c) of the Principal Act for

"section 47(1) or (2)" substitute "Division 4".

14. Amendment of section 39

In section 39(3) of the Principal Act, after

"sooner" insert "surrendered or".

15. Amendment of section 40

In section 40(3) of the Principal Act for "or
Suspension" substitute "and Disciplinary

Action".

16. New section 40A inserted

After section 40 of the Principal Act insert—

"40A. Surrender of licence

(1) Subject to sub-section (2), a licensee may at

any time by notice in writing to the Board
surrender the licence.

(2) If the Board has determined to conduct an

licensee, the licensee may not, without leave
of the Board, surrender the licence unless the

inquiry under section 48 in relation to a 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
Board within 14 days of surrendering it.
Penalty: 10 penalty units.".

17.  Application for renewal of licence to be accompanied by prescribed licence fee

In section 41(2)(d) of the Principal Act for sub-
paragraph (i) substitute—
"(i) the prescribed application fee;

Prostitution Control (Amendment) Act 1997

s. 18 Act No. 47/1997

(ia) the prescribed licence fee;".

18. Amendment of section 42

In section 42(4) of the Principal Act after "sooner" insert "surrendered or".

19. Amendment of section 44(2)

For section 44(2) of the Principal Act
substitute—

"(2) If an application for a licence or for the

renewal of a licence is withdrawn by the
applicant or rejected by the Board, the

Board—

(a) may, at its discretion, refund the whole or part of the application fee; and

(b) must refund the licence fee—

that accompanied the application.".

20. New section 46A inserted

After section 46 of the Principal Act insert—

"46A. Annual statement

A licensee must, within 10 days after each anniversary of the granting of the licence, provide the Board with a statement that is in

a form approved by the Board and that
contains the information required by the

Board.

Penalty:  60 penalty units.".

21. Substitution of heading to Division 4 of Part 3

For the heading to Division 4 of Part 3 of the

Principal Act substitute—

"Division 4—Licence Cancellation and

Disciplinary Action".

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 22

22. Licence cancellation

(1) In section 47(1) of the Principal Act, after

paragraph (a) insert—

"(ab) the licensee has been convicted or found

guilty of an offence that is set out in

Schedule 3; or".

(2) Section 47(2) of the Principal Act is repealed.

(3) In section 47(3) of the Principal Act omit "or (2)".

23. Substitution of section 48

For section 48 of the Principal Act substitute—
"48. Disciplinary action against licensee

(1) The Board may conduct an inquiry as to whether there is proper cause for taking disciplinary action against a licensee.

(2) The Board may act under sub-section (1) of its own initiative or on the application of an authorised member of the police force or an authorised officer of the responsible

authority.

(3) The Board may take disciplinary action

against a licensee if it 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 section 146 of the Health Act 1958; or

Prostitution Control (Amendment) Act 1997

s. 23 Act No. 47/1997

(d)	the licensed business has been managed in such a way that it is desirable that disciplinary action should be taken against the licensee; or
(e)	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

an offence under the Drugs, Poisons 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 sub-section; or

(iii) Schedule 3; or

(g) the licensee has contravened this Act or the regulations.

(4) If the Board acts of its own initiative under

sub-section (1) or if an application for a
disciplinary inquiry is made, the registrar
must immediately—

(a)	send a copy of the application (if any) to the licensee; and
(b)	if there is no application or if reasons are not set out in the application, advise the licensee of the reasons for the inquiry; and
(c)	advise the licensee and the person making the application (if any) in writing of when and where the inquiry

will be held.

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 23

(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 Board for the inquiry to be started within that time;

and

(b) the Board is satisfied that there are exceptional circumstances.

48A. Disciplinary powers of Board

(1) In addition to any other powers of the Board under this Act it may, if satisfied that proper cause for taking disciplinary action against a licensee exists, do one or more of the

following—

(a) reprimand the licensee;

(b) require the licensee or any other party to the proceeding before the Board, to pay the costs of the proceeding and any

related costs;

(c)	order the licensee to pay the Board a penalty of up to $10 000;
(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 Board;

(g) cancel or suspend the licence;

Prostitution Control (Amendment) Act 1997

s. 23 Act No. 47/1997

(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 sub-

section (1), the only action that the Board
may take solely on the ground set out in
section 48(3)(f) is to suspend the licence.

(3) If the Board orders the payment of an

amount under sub-section (1)(b) or (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 Board may suspend or cancel a licence

under sub-section (3) without giving the
licensee a chance to be heard.

(5) Subject to sub-section (6), a suspension

imposed on a licensee under sub-section (1)
solely on the ground set out in section
48(3)(f) remains in force until the licence—

(a) is surrendered; or
Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 24

(b) is cancelled; or
(c) expires and is not renewed.

(6) The Board must immediately remove a suspension referred to in sub-section (5) if—

(a) the charge is withdrawn; 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.".

24. Amendment of section 49

(1) In section 49(1) of the Principal Act for "a

manager approved under section 52(1)" substitute

"an approved manager".

(2) In section 49(2) of the Principal Act for

"manager" substitute "approved manager".

25. Application for approval as manager

(1) For section 50(1) of the Principal Act

substitute—

"(1) A person may at any time apply to the Board

for approval of himself or herself as a
manager of a prostitution service providing

Prostitution Control (Amendment) Act 1997

s. 26 Act No. 47/1997

business or for the renewal of such an

approval.".

(2) In section 50(2A) of the Principal Act, for "The

person with respect to whom an application under sub-section (1) is made" substitute "An applicant under sub-section (1)";

(3) In section 50(2B) of the Principal Act, for "person

with respect to whom the application is made"
substitute "applicant".

(4) In section 50(7) of the Principal Act omit "and as

if any reference in those sections to an applicant
included a reference to the person who is the
subject of the application".

26. Amendment of section 51

In section 51(1)(c) of the Principal Act for

"section 47(1) or (2)" substitute "Division 4".

27. Amendment of section 52

(1) In section 52(3) of the Principal Act after "sooner"

insert "surrendered or".

(2) In section 52(4) of the Principal Act for "approved

person" (wherever occurring) substitute
"approved manager".

28. New section 52A inserted

After section 52 of the Principal Act insert—

"52A. Surrender of approval

(1) Subject to sub-section (2), an approved

manager may at any time by notice in
writing to the Board surrender the approval.

(2) If the Board has determined to conduct an

inquiry under section 54 in relation to an
approved manager, the approved manager
may not, without leave of the Board,
surrender the approval unless the Board has

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 29

determined to take action under section 54A
or has determined not to take any such
action.

(3) The person who held an approval that has

been surrendered must return the certificate
of approval to the Board within 14 days of
surrendering it.
Penalty: 10 penalty units.".

29. Cancellation of approval

(1) In section 53(1) of the Principal Act—

(a)	in paragraph (a), for "approved person" substitute "approved manager";
(b)	after paragraph (a) insert— "(ab) the approved manager has been

convicted or found guilty of an offence

that is set out in Schedule 3; or";

(c)	in paragraph (b) for "approved person" substitute "approved manager";
(d)	in paragraph (c) for "approved person" substitute "approved manager".

(2) Section 53(2) of the Principal Act is repealed.

(3) In section 53(3) of the Principal Act omit "or (2)".

30. Substitution of section 54

For section 54 of the Principal Act substitute—

"54. Disciplinary action against approved

manager

(1) The Board may conduct an inquiry as to whether there is proper cause for taking disciplinary action against an approved manager.

(2) The Board may act under sub-section (1) of
its own initiative or on the application of an

Prostitution Control (Amendment) Act 1997

s. 30 Act No. 47/1997

authorised member of the police force or an
authorised officer of the responsible
authority.

(3) The Board may take disciplinary action

against an approved manager if it is satisfied
that—

(a) the approved manager has been convicted or found guilty of any offence against this Act or the

regulations; or

(b)

the approved manager has been against the regulations made under section 146 of the Health Act 1958; or

(c)	the prostitution providing business has been managed in such a way that it is desirable that disciplinary action should be taken against the approved manager; or
(d)	and Controlled Substances Act 1981 or an indictable offence punishable by imprisonment for 12 months or more has been committed on premises of

an offence under the Drugs, Poisons manager; or

(e) the approved manager has been charged with any offence referred to in—

(i) section 53(1)(a) or (b); or

(ii)  paragraph (a), (b) or (d) of this sub-section; or

(iii) Schedule 3; or

(f) the approved manager has contravened this Act or the regulations.

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 30

(4) If the Board acts of its own initiative under

sub-section (1) or if an application for a
disciplinary inquiry is made, the registrar
must immediately—

(a)	send a copy of the application (if any) to the approved manager; and
(b)	are not set out in the application, advise

if there is no application or if reasons for the inquiry; and

(c) advise the approved manager and the person making the application (if any) in writing of when and where the inquiry will be held.

(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 approved manager applies to the Board for the inquiry to be started within that time; and
(b)	the Board is satisfied that there are exceptional circumstances.

54A. Disciplinary powers of Board

(1) In addition to any other powers of the Board under this Act it may, if satisfied that proper cause for taking disciplinary action against

an approved manager exists, do one or more

of the following—

(a) reprimand the approved manager;

(b) require the approved manager or any other party to the proceeding before the

Prostitution Control (Amendment) Act 1997

s. 30	Act No. 47/1997
Board, to pay the costs of the proceeding and any related costs;

(c)	order the approved manager to pay the Board a penalty of up to $10 000;
(d)	impose any condition or restriction on the approval;
(e)	require the approved manager to enter into an undertaking to perform, or not to perform, certain tasks to be specified

in the undertaking;

(f) require the approved manager to comply within, or for, a specified time with a requirement specified by the Board;

(g) cancel or suspend the approval;

(h) order that the approved manager be ineligible to hold an approval or be a licensee either permanently or temporarily.

(2) Despite anything to the contrary in sub-

section (1), the only action that the Board
may take solely on the ground set out in
section 54(3)(e) is to suspend the approval.

(3) If the Board orders the payment of an

amount under sub-section (1)(b) or (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 approval 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 approval; and

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 30

(d) it may extend any period of time it sets under paragraph (a) or (b) at any time.

(4) The Board may suspend or cancel an

approval under sub-section (3) without
giving the approved manager a chance to be

heard.

(5) Subject to sub-section (6), a suspension

imposed under sub-section (1) solely on the ground set out in section 54(3)(e) remains in force until the approval—

(a) is surrendered; or
(b) is cancelled; or
(c) expires and is not renewed.

(6) The Board must immediately remove a suspension referred to in sub-section (5) if—

(a) the charge is withdrawn; or

(b)	the approved manager 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 an

approval 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 prostitution service
providing business managed by the approved
manager 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.".

31. Licence and approvals register

Prostitution Control (Amendment) Act 1997

s. 31 Act No. 47/1997

(1) In section 55(1) of the Principal Act—

(a)	in paragraph (a) after "renewal," insert "surrender,";
(b)	in paragraph (c) after "renewal," insert "surrender,".

(2) In section 55(5) of the Principal Act for "sign the correction and mark it with" substitute "record in the register".

32.  Amendment to section 56—appeal on a question of law

In section 56(1) of the Principal Act—

(a)	in paragraph (d) for "or (2) or 48(1) to cancel or suspend" substitute "to cancel";
(b)	after paragraph (d) insert— "(da) under section 48A to take disciplinary

action against a licensee; or";

(c) in paragraph (f) for "or (2) or 54(1) to cancel or suspend" substitute "to cancel";

(d) at the end of paragraph (f) insert—

"; or

(g) under section 54A to take disciplinary action against an approved manager.".

33. Amendment of section 58

In section 58 of the Principal Act for "person
approved under section 52(1)" substitute
"approved manager".

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 34

34. Amendment of section 61

In section 61 of the Principal Act for "person
approved under section 52(1)" substitute

"approved manager".

35. Amendment of section 66

In section 66(3)(aa) of the Principal Act after

"with" insert "this Act or"

36. Minor amendments to section 69

(1) In section 69(3)(b)(ii)(B) of the Principal Act for

"1986" substitute "1996".

(2) In section 69(3)(b)(ii)(D) of the Principal Act for "Full Court" (where twice occurring) substitute "Court of Appeal".

37. Minor amendments to section 70

(1) In section 70(3)(b)(ii)(B) of the Principal Act for

"1986" substitute "1996".

(2) In section 70(3)(b)(ii)(D) of the Principal Act for "Full Court" (where twice occurring) substitute "Court of Appeal".

38.  Evidence in applications for premises to be declared proscribed brothels

After section 80(3) of the Principal Act insert—
"(3A) On the hearing of an application under sub-

section (1), the Magistrates' Court may take

into consideration any evidence which it
considers credible or trustworthy in the

circumstances.".

39. Amendment of section 89

In section 89(2) of the Principal Act for "55(1)" substitute "24 or 55(1)".

Prostitution Control (Amendment) Act 1997

s. 40 Act No. 47/1997

40. Transitional provisions

For Part 7 of the Principal Act substitute—

"PART 7—TRANSITIONAL PROVISIONS

91. Prostitution Control (Amendment) Act 1997 (1) The Prostitution Control Board is to be taken

to be the same body in spite of changes to its structure made by the Prostitution Control (Amendment) Act 1997 and no act,
proceeding, matter or thing is to be affected
because of those changes of structure.

(2) The amendments made by section 6 of the Prostitution Control (Amendment) Act 1997 to section 24(6) apply with respect to

any application made before the
commencement of section 6 by a person
whose name appears in the register referred
to in section 24 for the omission of that
person's entry from the register in addition to
each application made after that

commencement.

(3) The amendments made by section 22 of the

Prostitution Control (Amendment) Act 1997 to section 47(1) apply only in relation to a licensee who has been convicted or found guilty of an offence to which section 47(1)(ab) refers that occurred after the commencement of section 22.

(4) The amendments made by section 29 of the

Prostitution Control (Amendment) Act
1997 to section 53(1) apply only in relation
to an approved manager convicted or found

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 41

guilty of an offence to which section
53(1)(ab) refers that occurred after the

commencement of section 29.".

41. Amendment to Schedule 1

In clause 1(c) of Schedule 1 to the Principal Act after "chairperson" insert "or deputy chairperson".

42. Amendments to Schedule 2

In Schedule 2 to the Principal Act—

(a) in the heading, after "CHAIRPERSON" insert "AND DEPUTY CHAIRPERSON";

(b) in clause 1—

(i)  after "The chairperson" insert "and the deputy chairperson";

(ii)

in paragraphs (a) and (b) after chairperson";

(c) in clause 2—

(i)  after "the chairperson" insert "or the deputy chairperson";

(ii)  after "office of chairperson" insert "or deputy chairperson";

(d) in clause 3—

(i)  after "the chairperson" insert "or the deputy chairperson";

(ii)  after "office of chairperson" insert "or deputy chairperson";

(e) in clause 4 after "chairperson" insert "or deputy chairperson";

(f) for clause 5 substitute—

Prostitution Control (Amendment) Act 1997

s. 42 Act No. 47/1997

"5. The chairperson and the deputy

chairperson may resign from his or her
office as chairperson or as deputy
chairperson by delivering to the
Governor a signed letter of

resignation.";

(g) in clause 6—

(i)

after "the chairperson" (where twice chairperson";

(ii)  after "as chairperson" insert "or deputy chairperson";

(h) after clause 7 insert— "7A. A person appointed to act for the

deputy chairperson while so acting—

(a)	has all the powers and may perform all the duties of the deputy chairperson; and
(b)	remuneration and allowances (if any) to which the deputy chairperson would have been

is entitled to be paid the duties; and

(c) subject to this clause, is subject to the same terms and conditions of appointment as the deputy

chairperson.";

(i) after clause 8 insert—

"9. If a person has been appointed to act

for the deputy chairperson and that
appointment ends at a time when the
acting deputy chairperson is engaged
in the determination of a matter by the

Prostitution Control (Amendment) Act 1997

Act No. 47/1997

Board, the period of appointment of

Prostitution Control (Amendment) Act 1997

s. 43	Act No. 47/1997
that person as acting deputy chairperson continues until that matter has been determined by the Board.".

43. New Schedule 3 inserted

After Schedule 2 to the Principal Act insert—

"SCHEDULE 3

Sections 47(1) and 53(1)

DISCIPLINARY OFFENCES

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)
280	(Restrictions on giving of immigration assistance)

Prostitution Control (Amendment) Act 1997

Act No. 47/1997 s. 43

Section	Description of offence
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).".

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Prostitution Control (Amendment) Act 1997

Notes Act No. 47/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 1 May 1997

Legislative Council: 22 May 1997

The long title for the Bill for this Act was "to amend the Prostitution
Control Act 1994 in order to improve the efficiency and effectiveness of
the Prostitution Control Board and of the licensing system under that Act
and for other purposes."