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Sex Work Amendment Regulations 2017

S.R. No. 93/2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Regulation 7 substituted—Safety requirements

6Regulations 8 and 9 revoked—Additional safety requirements for brothels and escorts

7Regulation 10 substituted—Safety matters relevant to suitability of applicants

8Amendment of Schedule 3—Infringement offences and infringement penalties

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Endnotes

STATUTORY RULES 2017

S.R. No. 93/2017

Sex Work Act 1994

Sex Work Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 12 September 2017

Responsible Minister:

MARLENE KAIROUZ
Minister for Consumer Affairs, Gaming and Liquor Regulation

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Sex Work Regulations 2016 to reduce duplication with the Occupational Health and Safety Act 2004.

2Authorising provisions

These Regulations are made under sections 68 and 90 of the Sex Work Act 1994.

3Commencement

These Regulations come into operation on 1 October 2017.

4Principal Regulations

In these Regulations, the Sex Work Regulations 2016[1] are called the Principal Regulations.

5Regulation 7 substituted—Safety requirements

For regulation 7 of the Principal Regulations substitute

"7   Safety requirements

(1)A sex work service provider must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not misrepresent the qualities of any sex worker.

Penalty:40 penalty units.

(2)A sex work service provider must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not negotiate on behalf of a sex worker the sexual services to be provided by the sex worker.

Penalty:40 penalty units.

(3)The approved manager must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not misrepresent the qualities of any sex worker.

Penalty:40 penalty units.

(4)The approved manager must ensure that persons acting as receptionists or telephone receptionists for the sex work service provider's business do not negotiate on behalf of a sex worker the sexual services to be provided by the sex worker.

Penalty:40 penalty units.".

6Regulations 8 and 9 revoked—Additional safety requirements for brothels and escorts

Regulations 8 and 9 of the Principal Regulations are revoked.

7Regulation 10 substituted—Safety matters relevant to suitability of applicants

For regulation 10 of the Principal Regulations substitute

"10   Safety matters relevant to suitability of applicants

For the purposes of section 38(1)(d) of the Act, it is a requirement that the applicant ensures—

(a)that all sex workers, receptionists and managers are aware of the requirements of regulation 7; and

(b)that regulation 7 can and will be complied with at all times.".

8Amendment of Schedule 3—Infringement offences and infringement penalties

In Schedule 3 to the Principal Regulations, items 12 to 17 are revoked.

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Endnotes


[1] Reg. 4: S.R. No. 47/2016.

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