Untitled document

Sex Work Amendment (Infringements) Regulations 2012

S.R. No. 41/2012

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Objective of Principal Regulations

6Safety requirements

7Regulation 12 inserted

12Infringement offences and infringement penalties

8Schedule 3 inserted

SCHEDULE 3—Infringement Offences and Infringement Penalties

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 41/2012

Sex Work Act 1994

Sex Work Amendment (Infringements) Regulations 2012

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 13 June 2012

Responsible Minister:

MICHAEL O'BRIEN
Minister for Consumer Affairs

YVETTE CARISBROOKE

Acting Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Sex Work Regulations 2006 to—

(a)prescribe additional infringement offences and the infringement penalties for those offences under the Sex Work Act 1994; and

(b)clarify that an offence relating to safety requirements under those Regulations is three separate offences.

2Authorising provision

These Regulations are made under section 68 of the Sex Work Act 1994.

3Commencement

These Regulations come into operation on 25 June 2012.

4Principal Regulations

In these Regulations, the Sex Work Regulations 2006[1] are called the Principal Regulations.

5Objective of Principal Regulations

In regulation 1 of the Principal Regulations—

(a)in paragraph (f), for "certificates." substitute "certificates; and";

(b)after paragraph (f) insert—

"(g)additional infringement offences and the infringement penalties for those offences.".

6Safety requirements

For regulation 7(3) of the Principal Regulations substitute—

"(3)If a business is or includes a brothel, the sex work service provider and the approved manager must ensure that all rooms used for sex work have a concealed alarm button, or equivalent communication device, that is in working order and can be easily accessed by the sex worker throughout the delivery of sexual services.

Penalty:40 penalty units.

(3A)If a business is or includes a brothel, the sex work service provider and the approved manager must ensure that all rooms used for sex work have sufficient lighting to enable sex workers to check for readily evident signs of sexually transmitted diseases.

Penalty:40 penalty units.

(3B)If a business is or includes a brothel, the sex work service provider and the approved manager must ensure that a safe-sex sign containing an illustration that depicts the whole or a portion of an adult male wearing a condom is prominently displayed in the reception area of the business and in every room used for sex work.

Penalty:40 penalty units.".

7Regulation 12 inserted

After regulation 11 of the Principal Regulations insert—

12Infringement offences and infringement penalties"

For the purposes of section 89A(1) of the Act—

(a)an offence specified in column 2 of Schedule 3 is a prescribed offence in respect of which an infringement notice may be issued; and

(b)the prescribed infringement penalty for each infringement offence is the penalty specified in column 3 of the corresponding entry of Schedule 3.".

8Schedule 3 inserted

After Schedule 2 to the Principal Regulations insert—

"__________________

SCHEDULE 3

Regulation 12

INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
1	An offence against section 17(1)(a) of the Act	4 penalty units
2	An offence against section 17(1)(b) of the Act	4 penalty units
3	An offence against section 17(2) of the Act	4 penalty units
4	An offence against section 17(3)(a) of the Act	4 penalty units
5	An offence against section 17(3)(b) of the Act	4 penalty units
6	An offence against section 17(4)(a) of the Act	4 penalty units
7	An offence against section 17(4)(b) of the Act	4 penalty units
8	An offence against section 21(1)(a) of the Act	5 penalty units
9	An offence against section 21(1)(b) of the Act	5 penalty units
10	An offence against section 52(4) of the Act	6 penalty units
11	An offence against section 60A(1) of the Act	1 penalty unit
12	An offence against regulation 7(3) of these Regulations	4 penalty units
13	An offence against regulation 7(3A) of these Regulations	4 penalty units
14	An offence against regulation 7(3B) of these Regulations	4 penalty units

".

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ENDNOTES

[1] Reg. 4: S.R. No. 64/2006.  Reprint No. 1 as at 1 December 2010.