Untitled document
Prostitution Control (Amendment) Act 1999
Act No. 44/1999
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Definitions 2 5. New section 3A inserted 4
3A. Admission charge constitutes payment for sexual
services 4
6. Objects of Act 5 7. Unlicensed business (offence with fault elements) 5 8. Unlicensed business (strict liability) 5 9. Public availability of application 6 10. Associates of applicant for licence 6 11. Matters to be considered in determining suitability of applicant 7 12. New sections 46D and 46E inserted 7
46D. Production of information to Authority 7 46E. Rule against self-incrimination does not apply 8
13. Licence cancellation 8 14. Disciplinary action against licensee 9 15. Circumstances in which Authority must refuse approval or renewal application 10 16. Conditions or restrictions on approval of manager 10 17. New sections 52AA and 52AB inserted 11 52AA. Amendment of approval 11 52AB. Endorsement of certificate of approval 12 18. New section 53 substituted 12
53. Cancellation of approval 12
19. New section 54B inserted 13
54B. Cancelled or suspended approval must be returned 14
20. Applications for review 14 21. Powers of inspector 14 22. New Division 8A inserted in Part 3 14 Division 8A—Inspection Powers 14
61A. Definitions 14 61B. Production of identity card 15
i
Section Page
61C. Accounts and other documents available for inspection 16 61D. Licensees to produce documents and answer questions 17 61E. Third parties to produce documents and answer questions relating to specified business 17 61F. Department Heads, police and public authorities to produce information to inspectors 18 61G. Certain other specified persons or bodies to produce information 19 61H. Powers on production of documents 20 61I. Order requiring supply of information and answers to questions 21 61J. Entry or search with consent 22 61K. Entry without consent or warrant 24 61L. Search warrants 25 61M. Announcement before entry 26 61N. Details of warrant to be given to occupier 27 61O. Seizure of things not mentioned in the warrant 27 61P. Embargo notice 28 61Q. Copies of seized documents 29 61R. Retention and return of seized documents or things 29 61S. Magistrates' Court may extend 3 month period 30 61T. Requirement to assist inspector during entry 30 61U. Refusal or failure to comply with requirement 31 61V. Rule against self-incrimination does not apply 31 61W. Offence to give false or misleading information 32 61X. Application of provisions relating to inspections 32 61Y. Service of documents 32 61Z. Confidentiality 33
23. Entry to unlicensed premises 34 24. Functions of Advisory Committee 34 25. Amendment of transitional provisions 34 26. Persons not to have an interest in more than one brothel licence or permit 37 27. Circumstances in which persons are associated 40 28. Declaration of proscribed brothel 42 29. Destruction of fingerprints 43 30. New section 92 inserted 43
92. Prostitution Control (Amendment) Act 1999 43
31. Statute law revision 46 32. Amendment of Summary Offences Act 1966 47 Division 4—Advertising of Live Sexually-Explicit Entertainment 48
39. Advertising regulations 48
33. Forfeiture offences under Confiscation Act 1997 50
ii
Section Page
34. Consequential amendment 50
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NOTES 52
iii
Victoria
No. 44 of 1999
Prostitution Control (Amendment) Act
1999†
[Assented to 8 June 1999]
The Parliament of Victoria enacts as follows:
1. Purpose
(1) The main purpose of this Act is to amend the
Prostitution Control Act 1994 so as to—
(a)
facilitate the prosecution of persons who operate a brothel or escort agency without holding a licence;
(b)
confer certain powers on inspectors appointed under the Fair Trading Act 1999;
(c) amend the definition of "sexual services";
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 2
(d)
generally strengthen the control of prostitution in Victoria.
(2) This Act also amends the Summary Offences Act
1966 so as to regulate the advertising of live forfeiture offences.
sexually-explicit entertainment and amends the
2. Commencement
(1) This Act (except sections 4(2) and (3), 5, 6, 12,
21, 22 and 26) comes into operation on the day on
which it receives the Royal Assent.
(2) Subject to sub-section (3), sections 4(2) and (3), 5,
6(1) and 26 come into operation on a day to be
proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 September 1999,
it comes into operation on that day.
(4) Subject to sub-section (5), sections 6(2), 12, 21
and 22 come into operation on a day to be
proclaimed.
(5) If a provision referred to in sub-section (4) does
not come into operation before 1 February 2000, it
comes into operation on that day.
3. Principal Act
In this Act, the Prostitution Control Act 1994 is
No. 102/1994. Reprint No. 3
called the Principal Act. as at 1 July
1998. Furtheramended by No. 101/1998.
4. Definitions
(1) In section 3 of the Principal Act insert the following definitions—
Prostitution Control (Amendment) Act 1999
| s. 4 | Act No. 44/1999 |
' "inspector" means an inspector appointed under the Fair Trading Act 1999;
"lease" includes a sub-lease and an agreement for a lease or sub-lease;'.
(2) In section 3 of the Principal Act insert the
following definitions—
' "sexual penetration" has the same meaning as
in Subdivisions (8A) to (8G) of Division 1 of
Part I of the Crimes Act 1958;
"vagina" includes—
(a) the external genitalia; and
(b) a surgically constructed vagina.'.(3) In section 3 of the Principal Act, for the definition
of "sexual services" substitute—
' "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) herself or two or more persons
a person masturbating himself or other or one or more of them—
in circumstances in which—
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 5 (iv) physical contact between any
person viewing the occurrencethere is any form of direct 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 themasturbation results in orgasm;'.
5. New section 3A inserted
After section 3 of the Principal Act insert—
"3A. Admission 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
Prostitution Control (Amendment) Act 1999
| s. 6 | Act No. 44/1999 |
premises without any further payment or
reward being sought for it.".
6. Objects of Act
(1) In section 4 of the Principal Act, after paragraph
(d) insert—
"(da) to seek to ensure that no one person has at
any one time an interest in more than one
brothel licence or permit;".
(2) In section 4(g) of the Principal Act, after
"accessible to" insert "inspectors,".
7. Unlicensed business (offence with fault elements)
(1) In section 22(1) of the Principal Act, after "must not" insert "knowingly or recklessly".
(2) In the penalty set out at the foot of section 22(1)
of the Principal Act, for "360 penalty units" substitute "a level 6 fine (600 penalty units maximum)".
(3) In the penalty set out at the foot of section 22(3)
of the Principal Act, for "360 penalty units" substitute "a level 6 fine (600 penalty units maximum)".
8. Unlicensed business (strict liability)
(1) In section 22 of the Principal Act, after sub- section (1) insert—
"(1A) A person must not carry on business as a prostitution service provider—
(a) without holding a licence; or
(b)
in breach of any condition of a licence; or
(c) when a licence is suspended.
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 9
Penalty: Level 7 fine (240 penalty units
maximum).".
(2) In section 22(2) of the Principal Act, after "(1)"
insert "or (1A)".
(3) In section 22 of the Principal Act, after sub- section (2) insert—
"(2A) In a proceeding for an offence against sub-
section (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 offenceagainst that sub-section.".
(4) In section 22(5) of the Principal Act, after "(1)"
insert ", (1A)".
9. Public availability of application
In section 34 of the Principal Act, for "every application for a licence that has not yet been determined" substitute "that part of an application
for a licence that has not yet been determined that
contains the matters specified under section33(2)(b)(i), (ii) and (iii)".
10. Associates of applicant for licence
(1) In section 37(1)(d) of the Principal Act, after
"has," insert "or of a body corporate which has,". (2) In section 37(2)(c) of the Principal Act, after
"relationship" insert "or a lease".
(3) In section 37(3) of the Principal Act—
(a)
for "sub-section (1)(e)" substitute "sub- section (1)(d) or (e)";
(b) at the end of paragraph (c) insert—
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| s. 11 | Act No. 44/1999 |
| "or; |
(d) has entered into a business arrangement or relationship or a lease with the body corporate in respect of a prostitution service providing business.".
11. Matters to be considered in determining suitability of applicant
In section 38(1) of the Principal Act, after
paragraph (a) insert—"(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;".
12. New sections 46D and 46E inserted
After section 46C of the Principal Act insert—
"46D. Production of information to Authority
(1) The Authority may require a licensee to
answer any question or provide information functions in relation to that licensee.
relating to the business of the licensee as a
prostitution service provider that the(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.
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 13 46E. Rule 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.".
13. Licence cancellation
In section 47 of the Principal Act, for sub-sections
(1), (3) and (3A) substitute—"(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
Prostitution Control (Amendment) Act 1999
| s. 14 | Act No. 44/1999 |
| 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 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 outside Victoria; or
(f) the licensee becomes an insolvent under administration; or (g) person within the meaning of the
the licensee becomes a represented Act 1986.
(2) For the purposes of sub-section (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.".
14. Disciplinary action against licensee
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 16 In section 48(3) of the Principal Act, after
paragraph (d) insert—"(da) the licensee has, at any time after the
commencement of section 14 of the 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 an offence which the Authority could reasonably treat as a disqualifying offence if the person were an applicant for a licence; or".
15. Circumstances in which Authority must refuse approval or renewal application
(1) In section 51(1) of the Principal Act—
(a)
after "prostitution service providing business" insert ", or refuse to renew such an approval of,";
(b)
in paragraph (d), after "has," insert "or of a body corporate which has,".
(2) In section 51(3) of the Principal Act—
(a)
for "sub-section (1)(e)" substitute "sub- section (1)(d) or (e)";
(b) at the end of paragraph (c) insert—
"or;
(d) has entered into a business arrangement or relationship with the body corporate in respect of a prostitution service providing business.".
16. Conditions or restrictions on approval of manager
(1) In section 52(1) of the Principal Act—
Prostitution Control (Amendment) Act 1999
Act No. 44/1999
(a)
after "approve" insert ", or renew the approval,";
(b) after "an approval" insert "or renewal".
(2) In section 52 of the Principal Act, after sub-
section (1) insert—
"(1A) An approval, or renewal of an approval, may
be given subject to conditions or
restrictions.".
(3) In section 52(2) of the Principal Act, after "approves" insert ", or renews the approval,".
(4) In section 52 of the Principal Act, after sub- section (2) insert—
"(2A) Any conditions or restrictions to which an
approval or renewal of an approval is subject
must be set out in the certificate of
approval.".
(5) In section 52 of the Principal Act, after sub-
section (4) insert—
"(5) An approved manager must comply with any
conditions or restrictions to which an approval or renewal of an approval is subject.
Penalty: Level 9 fine (60 penalty units
maximum).".
17. New sections 52AA and 52AB inserted
After section 52 of the Principal Act insert—
"52AA. Amendment of approval
(1) The Authority may at any time vary or
revoke a condition or restriction to which an
approval or renewal of an approval under
section 52(1) is subject or impose a new
condition or restriction on the approval.
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 18 (2) The Authority may act under sub-section
(1)—
(a) of its own initiative; or
(b)
on the application of the approved manager; or
(c)
on the application of an authorised member of the police force or the Director of Fair Trading.
52AB. Endorsement of certificate of approval
(1) If under section 52AA or 54A, a condition or
restriction is imposed on an approval or
renewal of an approval or such a condition is
varied or revoked, the Authority may require
the approved manager to produce the
certificate of approval for endorsement of or
variation or revocation of the condition or
restriction.
(2) An approved manager must comply with a requirement under sub-section (1).
Penalty: Level 10 fine (10 penalty units
maximum).".
18. New section 53 substituted
For section 53 of the Principal Act substitute—
"53. Cancellation of approval
(1) An approval under section 52(1) is
automatically cancelled if at any time after it
is granted or last renewed—
(a) the approved manager 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
Prostitution Control (Amendment) Act 1999
| s. 18 | Act No. 44/1999 |
| 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 approved manager is convicted or found guilty of an offence that is set out in Schedule 3; or (c) the approved manager 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 approved manager serves a sentence of imprisonment, whether in Victoria or outside Victoria; or (e) the approved manager becomes an insolvent under administration; or (f) represented person within the meaning
the approved manager becomes a Administration Act 1986.
(2) For the purposes of sub-section (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.".
19. New section 54B inserted
After section 54A of the Principal Act insert—
Prostitution Control (Amendment) Act 1999
Act No. 44/1999
"54B. Cancelled or suspended approval must be
returned
If an approval under section 52(1) is suspended or cancelled under this Act, the person to whom the certificate of approval was issued must return it to the Authority within 7 days of becoming aware of the suspension or cancellation.
Penalty: Level 10 fine (10 penalty units
maximum).".
20. Applications for review
In section 56(1) of the Principal Act, for "47, 52 or 53" substitute "52 or 52AA".
21. Powers of inspector
(1) In section 58 of the Principal Act, after "police force" insert "or an inspector".
(2) In section 59(1) of the Principal Act, after "police force" insert "or an inspector".
(3) In section 59(2) of the Principal Act, after "police force" insert "or the inspector".
(4) In section 61 of the Principal Act—
(a) after "authority" insert "or an inspector";
(b)
for "or officer" substitute ", officer or inspector".
22. New Division 8A inserted in Part 3
In Part 3 of the Principal Act, after Division 8 insert—
'Division 8A—Inspection Powers
61A. Definitions
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| s. 22 | Act No. 44/1999 |
In this Division—
"financial institution" means—
(a) institution within the meaning of
an authorised deposit-taking Commonwealth; or
(b)
a body approved by the Governor in Council by Order published in the Government Gazette;
"licensee", except in section 61C,
includes—
(a) a person whose licence has been surrendered or cancelled within the last 3 years; and (b) a person whose licence is suspended; "occupier" in relation to any premises,
means a person who appears to be of or
over 16 years of age and who appears
to be in control of the premises;
"OFTBA Act" has the same meaning as it has in the Fair Trading Act 1999.
61B. Production of identity card
An inspector must produce his or her identity card for inspection—
(a)
before exercising a power under this Division or Division 8 other than a requirement made by post; and
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 22
(b)
at any time during the exercise of a power under this Division or Division 8, if asked to do so.
Penalty: Level 10 fine (10 penalty units
maximum).61C. Accounts and other documents available
for inspection
(1) A licensee must at all reasonable times at
each premises at which that licensee carries
on business as a prostitution service provider
keep all documents relating to the business
carried on at those premises that came into
existence within the last 7 years available for
inspection by an inspector in a form in which
they can be readily and expeditiously
inspected by an inspector.
Penalty: Level 10 fine (10 penalty units
maximum).(2) If the licence of a licensee has been
surrendered or cancelled within the last
3 years, the former licensee must make all
documents relating to the former business
that came into existence within the last
7 years available for inspection by an
inspector in a form and at a place where they
can be readily and expeditiously inspectedby an inspector.
Penalty: Level 10 fine (10 penalty units
maximum).(3) If the licence of a licensee is suspended, the
suspended licensee must during the period of
the suspension make all documents relating
to the business of the suspended licensee that
came into existence within the last 7 years
available for inspection by an inspector in a
Prostitution Control (Amendment) Act 1999
| s. 22 | Act No. 44/1999 |
form and at a place where they can be
readily and expeditiously inspected by aninspector.
Penalty: Level 10 fine (10 penalty units
maximum).61D. Licensees to produce documents and
answer questions
(1) For the purpose of monitoring compliance
with this Act or the regulations, an inspector
may require a licensee at a time and place
specified by the inspector—
(a) to answer orally or in writing any questions put by the inspector relating to the licensee's business as a prostitution service provider; (b) to supply orally or in writing relating to that business;
(c) to produce to the inspector specified documents or documents of a specified class relating to that business.
(2) A power conferred on an inspector by this section is in addition to, and does not take away from, a power conferred on an
inspector under Division 8.
61E. Third parties to produce documents and
answer questions relating to specified
business
For the purpose of monitoring compliance with this Act or the regulations, an inspector may require any person who has possession, custody or control of documents relating to a licensee's business as a prostitution service provider—
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 22
(a) to answer orally or in writing any questions put by the inspector relating to the licensee's business as a prostitution service provider; (b) to supply orally or in writing relating to that business;
(c) to produce to the inspector specified documents or documents of a specified class relating to that business.
61F. Department Heads, police and public authorities to produce information to inspectors
(1) For the purpose of monitoring compliance
with this Act or the regulations, the Director of Fair Trading or an inspector may request a specified public body within a time specified by the Director or inspector—
(a) to answer orally or in writing any questions put by the inspector relating to a licensee's business as a prostitution service provider; (b) to supply orally or in writing relating to that business.
(2) An inspector can only make a request under
sub-section (1) with the written consent of
the Director of Fair Trading.
(3) A specified public body must comply with a request under sub-section (1).
Prostitution Control (Amendment) Act 1999
| s. 22 | Act No. 44/1999 |
(4) In this section "specified public body"
means—
(a)
a Department Head within the meaning of the Public Sector Management and Employment Act 1998; or
(b) a public statutory authority; or
(c) a municipal council; or
(d) the Chief Commissioner of Police.61G. Certain other specified persons or bodies to produce information
(1) For the purpose of monitoring compliance
with this Act or the regulations, the Director of Fair Trading or an inspector may require a specified person or body within a time
specified by the Director or inspector—
(a) to answer orally or in writing any questions put by the inspector relating to a licensee's business as a prostitution service provider; (b) to supply orally or in writing relating to that business.
(2) An inspector can only make a requirement
under sub-section (1) with the written
consent of the Director of Fair Trading.
(3) In this section "specified person or body"
means—
(a)
a person who is a publisher of a publication; or
(b)
a person who is the owner or operator of a broadcasting service; or
(c)
a person who is the owner or operator of a telecommunications service; or
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 22
(d)
a person who is the owner or operator of a postal service; or
(e) a financial institution.
61H. Powers on production of documents
(1) If any documents are produced to an
inspector under section 61D or 61E, the
inspector may—
(a) inspect the documents or authorise a person to inspect the documents; (b) make copies of, or take extracts from, the documents; (c) considers the documents necessary for
seize the documents if the inspector the purpose of any proceedings under this Act or the regulations;
(d) seize the documents if the inspector—
(i) considers the documents
necessary for the purpose of
obtaining evidence for the purpose
of any proceedings under any
OFTBA Act; and(ii) that it is necessary to seize the
documents in order to prevent
their concealment, loss orbelieves on reasonable grounds, contravention of any OFTBA Act;
(e)
secure any seized documents against interference;
(f)
retain possession of the documents in accordance with this Division.
Prostitution Control (Amendment) Act 1999
| s. 22 | Act No. 44/1999 |
(2) An inspector must not require a person to
person's place of business or the Office of
produce a document at a place other than the the consent of the person. 61I. Order requiring supply of information and answers to questions
(1) For the purpose of monitoring compliance
with the written approval of the Director of
Fair Trading, may apply to the Magistrates'with this Act or the regulations, an inspector, time and place specified by an inspector—
(a) to answer orally or in writing any questions put by an inspector relating to a licensee's business as a prostitution service provider; or (b) to supply orally or in writing information required by an inspector in relation to a licensee's business as a prostitution service provider. (2) If the Magistrates' Court is satisfied on the basis of evidence presented by the Director of Fair Trading that the order is necessary for
the purpose of monitoring compliance with
this Act or the regulations, the Court may
grant the order sought.(3) An order under this section must state a day, not later than 28 days after the making of the order, on which the order ceases to have
effect.
(4) An inspector who executes an order under
this section must, as soon as practicable after that execution, notify the Magistrates' Court
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 22 in writing of the time and place of execution
of the order.
61J. Entry or search with consent
(1) For the purpose of monitoring compliance
with this Act and the regulations, an
inspector, with the consent of the occupier of
the premises, may—
(a) enter and search any premises;
(b) seize anything found on the premises which the inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations; (c) examine and take and keep samples of any goods found on the premises which the inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations; (d) inspect and make copies of, or take extracts from, any document found on the premises. (2) An inspector must not enter and search any
premises with the consent of the occupier
unless, before the occupier consents to that
entry, the inspector has—
(a)
produced his or her identity card for inspection; and
(b) informed the occupier—
(i) of the purpose of the search; and
(ii) that the occupier may refuse to give consent to the entry and search or to the seizure of
Prostitution Control (Amendment) Act 1999
| s. 22 | Act No. 44/1999 |
anything found during the search;
and
(iii) consent to the taking of any
sample of goods or any copy of, or
extract from, a document found onthat the occupier may refuse to and
(iv) that anything seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.
(3) If an occupier consents to an entry and
search, the inspector who requested consent
must before entering the premises ask the
occupier to sign an acknowledgment in the
form approved by the Director of Fair
Trading stating—
(a) that the occupier has been informed of the purpose of the search and that anything seized or taken in the search with the consent of the occupier may be used in evidence in proceedings; and (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and (c) that the occupier has consented to such an entry and search; and (d) the date and time that the occupier consented. (4) If an occupier consents to the seizure or
taking of any thing during a search under this
section, the inspector must before seizing or
taking the thing ask the occupier to sign an
acknowledgment stating—
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 22
(a) that the occupier has consented to the seizure or taking of the thing; and (b) the date and time that the occupier consented. (5) An occupier who signs an acknowledgment
must be given a copy of the signed
acknowledgment before the inspector leaves
the premises.
(6) If, in any proceeding, an acknowledgment is
not produced to the court or a tribunal, it
must be presumed, until the contrary is
proved, that the occupier did not consent to
the entry and search or to the seizure or
taking of the thing.
61K. Entry without consent or warrant
(1) For the purpose of monitoring compliance
with this Act or the regulations, an inspector
may (with the assistance, if necessary, of
another inspector or a member of the police
force) do all or any of the following—
(a)
enter and search any premises at which a licensee is carrying on business at any time that the premises are open for
business or between the hours of 9 a.m.
and 5 p.m.;(b)
seize or secure against interference anything that the Director of Fair Trading or inspector believes on reasonable grounds to be connected with a contravention of this Act or the regulations that is found on or in the premises;
(c)
inspect and make copies of, or take extracts from, any document kept on the premises.
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| s. 22 | Act No. 44/1999 |
(2) An inspector must not enter or search any
premises under sub-section (1) unless, before
that entry, the inspector has produced his or
her identity card for inspection by the
occupier of the premises.
61L. Search warrants
(1) An inspector, with the written approval of
the Director of Fair Trading, may apply to a magistrate for the issue of a search warrant in relation to particular premises for the
purpose of monitoring compliance with this
Act or the regulations.(2) If a magistrate is satisfied by the evidence, on oath or by affidavit, of the inspector that the warrant is necessary for the purpose of
monitoring compliance with this Act or the an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—
regulations, the magistrate may issue a
search warrant, in accordance with the
(a) to enter the premises specified in the warrant, if necessary by force; and
(b) to do all or any of the following—
(i) search for;
(ii) seize;
(iii) secure against interference;
(iv) examine and inspect;
(v) make copies of, or take extracts from—
a thing or things of a particular kind
named or described in the warrant and
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 22 which the inspector believes, on
reasonable grounds, to be connected
with a contravention of this Act or the
regulations.(3) A search warrant issued under this section must state—
(a) the purpose for which the search is required; and (b) any conditions to which the warrant is subject; and (c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. (4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989
extend and apply to warrants under this
section.
61M. Announcement before entry
(1) On executing a search warrant, the inspector executing the warrant—
(a) must announce that he or she is authorised by the warrant to enter the premises; and (b) if the inspector has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises. (2) An inspector need not comply with sub- section (1) if he or she believes on
Prostitution Control (Amendment) Act 1999
| s. 22 | Act No. 44/1999 |
reasonable grounds that immediate entry to
the premises is required to ensure—
(a) the safety of any person; or
(b)
that the effective execution of the search warrant is not frustrated.
61N. Details of warrant to be given to occupier
(1) If the occupier is present at premises where a
search warrant is being executed, the
inspector must—
(a) identify himself or herself to the occupier; and (b) give to the occupier a copy of the warrant. (2) If the occupier is not present at premises
where a search warrant is being executed, the
inspector must—
(a)
identify himself or herself to a person (if any) at the premises; and
(b)
give to the person a copy of the warrant.
61O. Seizure of things not mentioned in the
warrant
A search warrant under section 61L authorises an inspector executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if—
(a)
the inspector believes, on reasonable grounds, that the thing—
(i) is of a kind which could have been issued under this Division; or
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 22 (ii) will afford evidence about the and
(b)
in the case of seizure, the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act or any other OFTBA Act.
61P. Embargo notice
(1) An inspector executing a search warrant who
is authorised by that warrant to seize any thing may, if the thing cannot, or cannot readily, be physically seized and removed,
issue an embargo notice in the formapproved by the Director of Fair Trading—
(a) by causing a copy of the notice to be served on the occupier; or (b) if the occupier cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position. (2) A person who knows that an embargo notice relates to a thing and who—
(a) sells; or
(b) leases; or
(c)
without the written consent of the inspector who issued the embargo notice, moves; or
(d) transfers; or
(e) otherwise deals with—
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| s. 22 | Act No. 44/1999 |
the thing or any part of the thing is guilty of
an offence and liable to a penalty not
exceeding 10 penalty units.(3) It is a defence to a prosecution for an offence
against sub-section (2) to prove that the
defendant moved the thing or the part of the
thing for the purpose of protecting and
preserving it.
(4) Despite anything in any other Act, a sale,
lease, transfer or other dealing with a thing
in contravention of this section is void.
61Q. Copies of seized documents
(1) If an inspector retains possession of a
document taken or seized from a person
under this Division, the inspector must give
the person, within 21 days of the seizure, a
copy of the document certified as correct by
the inspector.
(2) A copy of a document certified under sub-
section (1) shall be received in all courts and
tribunals to be evidence of equal validity to
the original.
61R. Retention and return of seized documents
or things
(1) If an inspector seizes a document or other
thing under this Division, the inspector must take reasonable steps to return the document or thing to the person from whom it was
seized if the reason for its seizure no longer
exists.(2) If the document or thing seized has not been returned within 3 months after it was seized, the inspector must take reasonable steps to
return it unless—
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 22 (a) the document or thing was retained
have commenced within that 3 month
period and those proceedingsproceedings for the purpose for which completed; or
(b)
the Magistrates' Court makes an order under section 61S extending the period during which the document or thing may be retained.
61S. Magistrates' Court may extend 3 month
period
(1) An inspector may apply to the Magistrates'
Court within 3 months after seizing a document or other thing under this Division for an extension of the period for which the inspector may retain the document or thing.
(2) The Magistrates' Court may order such an
extension if it is satisfied that retention of the
document or other thing is necessary—
(a) for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or (b) to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act. (3) The Magistrates' Court may adjourn an
application to enable notice of the
application to be given to any person.
61T. Requirement to assist inspector during
entry
To the extent that it is reasonably necessary to determine compliance with this Act or the regulations, an inspector exercising a power
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| s. 22 | Act No. 44/1999 |
of entry under this Division who produces
his or her identity card for inspection by the
occupier of the premises or an agent or
employee of the occupier may require thatperson—
(a)
to give information to the inspector, orally or in writing; and
(b)
to produce documents to the inspector; and
(c)
to give reasonable assistance to the inspector.
61U. Refusal or failure to comply with
requirement
A person must not refuse or fail, without reasonable excuse, to comply with a requirement of the Director of Fair Trading or an inspector under this Division.
Penalty: Level 10 fine (10 penalty units
maximum).61V. Rule against self-incrimination does not
apply
(1) A person is not excused from answering a
question or producing a document under this document might tend to incriminate the person. (2) Before a person is required by an inspector
to answer a question, the inspector must
inform the person 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.
Prostitution Control (Amendment) Act 1999
s. 22
s. 22
Act No. 44/1999
(3) If the person claims, before answering a
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.
61W. Offence to give false or misleading
information
A person must not—
(a)
give information to an inspector under this Division that the person believes to be false or misleading in any material particular; or
(b)
produce a document to an inspector under this Division that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.
Penalty: Level 10 fine (10 penalty units
maximum).61X. Application of provisions relating to
inspections
Sections 120, 135, 136, 137, 138 and 139 of the Fair Trading Act 1999 apply (with any necessary modifications) in relation to the
exercise or attempted exercise of a power of
an inspector under this Division as if any
reference in those sections to Part 10 of thatAct were a reference to this Division.
61Y. Service of documents
(1) A written requirement by an inspector under this Division may be given personally or by registered post to a person—
Prostitution Control (Amendment) Act 1999
Act No. 44/1999
(a)
at the last known place of business, employment or residence of the person; or
(b)
in the case of a body corporate, at the registered office of the body corporate.
(2) A person who provides a document or
information in response to a requirement of an inspector under this Division may send that document or information to the Director
at the Office of Fair Trading and BusinessAffairs by registered post.
61Z. Confidentiality
(1) An inspector must not, except to the extent
necessary to carry out the inspector's
functions under this Division, give to any
other person, whether directly or indirectly,
any information acquired by the inspector in
carrying out those functions.
Penalty: Level 10 fine (10 penalty units
maximum).(2) Sub-section (1) does not apply to the giving of information—
(a)
to a court or tribunal in the course of legal proceedings; or
(b)
pursuant to an order of a court or tribunal; or
(c)
to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or Territory or of the Commonwealth; or
(d) to the Authority; or
(e)
with the written authority of the Director of Fair Trading; or
Prostitution Control (Amendment) Act 1999
s. 23
s. 25
Act No. 44/1999
(f)
with the written authority of the person to whom the information relates.'.
23. Entry to unlicensed premises
In sections 63(1), (2) and (3), 64(1) and (4)(a) and
65 of the Principal Act, after "22(1)" insert "or(1A)".
24. Functions of Advisory Committee
(1) In section 67(1A) of the Principal Act—
(a)
after "Advisory Committee are" insert "to advise the Minister on";
(b)
in paragraph (a) omit "to advise the Minister on";
(c) in paragraph (b) omit "to monitor";
(d)
in paragraph (c) for "to liaise" substitute "liaison";
(e)
in paragraph (d) for "to refer" substitute "the reference of";
(f)
in paragraph (e) for "to assist" substitute "assistance for";
(g)
in paragraph (f), for "to develop" substitute "the development of";
(h)
in paragraph (g), for "to disseminate" substitute "the dissemination of".
(2) In section 67(2) of the Principal Act, for "Board"
substitute "Authority".
(3) In section 67 of the Principal Act, sub-section (11)
is repealed.
25. Amendment of transitional provisions
(1) In section 69(3) of the Principal Act—
(a)
in paragraph (b), after "licence on the application" insert "at any time before the
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| s. 25 | Act No. 44/1999 |
commencement of section 224 of the
Tribunals and Licensing Authorities(Miscellaneous Amendments) Act 1998";
(b)
in paragraph (b)(i), after "56" insert "(as in force immediately before that commencement) or clause 13 of Schedule 2 to the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998";
(c)
at the end of paragraph (b) insert— "(c) if the Authority refuses to grant a
licence on the application at any time
on or after the commencement of
section 224 of the Tribunals and
Licensing Authorities (MiscellaneousAmendments) Act 1998—
(i) for applying to the Tribunal for
review of that decision expiresthe period allowed by section 56 been made; or
(ii) made to the Tribunal—
if an application for review is (B) it is dismissed or struck out
by the Tribunal and the
period allowed by section
148 of the Victorian Civil
and Administrative
Tribunal Act 1998 for
appealing from that decision
expires without an
application for leave toappeal having been made.".
(2) In section 70(3) of the Principal Act—
Prostitution Control (Amendment) Act 1999
Act No. 44/1999
(a)
in paragraph (b), after "manager on the application" insert "at any time before the commencement of section 224 of the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998";
(b)
in paragraph (b)(i), after "56" insert "(as in force immediately before that commencement) or clause 13 of Schedule 2 to the Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998";
(c)
at the end of paragraph (b) insert— "(c) if the Authority refuses to approve of
that person as a manager on the
application at any time on or after the
commencement of section 224 of the
Tribunals and Licensing Authorities
(Miscellaneous Amendments) Act1998—
(i) for applying to the Tribunal for
review of that decision expiresthe period allowed by section 56 been made; or
(ii) made to the Tribunal—
if an application for review is (B) it is dismissed or struck out
by the Tribunal and the
period allowed by section
148 of the Victorian Civil
and Administrative
Tribunal Act 1998 for
appealing from that decision
expires without an
Prostitution Control (Amendment) Act 1999
| s. 26 | Act No. 44/1999 |
application for leave to
appeal having been made.".26. Persons not to have an interest in more than one brothel licence or permit
In section 75 of the Principal Act, for sub-sections
(1), (2) and (3) substitute—'(1) A person must not have at any one time—
(a)
an interest in more than one current licence authorising the carrying on of a business of a kind referred to in the definition of "brothel" in section 3, including a deemed licence arising by force of section 69 authorising the carrying on of such a business; or
(b)
an interest in more than one unexpired permit granted for the use of land for the purposes of the operation of a brothel, being a permit under which the use has started.
Penalty: Level 6 imprisonment (5 years
maximum) or a level 6 fine
(600 penalty units maximum) or
both.(2) For the purposes of sub-section (1)—
(a) a person has an interest in a licence if the licence was granted to, or is deemed to be held by, the person or an associate of that person; and (b) licence granted to, or deemed to be held
a person does not have an interest in a the licence or deemed licence authorises the business partner to carry on a prostitution service providing business at the same premises as those
Prostitution Control (Amendment) Act 1999
s. 26
s. 26Act No. 44/1999
at which that person is authorised to carry on such a business by a licence granted to, or deemed to be held by, that person; and
(c) a person does not have an interest in a licence granted to, or deemed to be held by, another person only because the person is an approved manager of a prostitution service providing business carried on by the other person under the authority of that licence or deemed licence; and (d) a person has an interest in a permit if the permit was granted in respect of land owned or leased by that person or an associate of that person, whether alone or jointly with any other person. (3) For the purposes of this section two persons are associated if one is—
(a)
a spouse or defacto partner of the other; or
(b) a business partner of the other; or
(c) associate of a body corporate which
has, entered into a businessa person who has, or a person who is an other or with a body corporate of which the other is an associate—
(i) in respect of the use, occupation, or
(ii) that enables or will enable the person, or a body corporate of which the person is an associate,
to exercise a significant influence
Prostitution Control (Amendment) Act 1999
Act No. 44/1999
over or with respect to the
management or operation of a
prostitution service providing
business carried on by the other or
by a body corporate of which theother is an associate; or
(d) directly receiving any income derived from a business carried on by the other; or (e) a body corporate and the other is a related body corporate within the meaning of section 9 of the Corporations Law; or (f) a person who is a lessee or sub-lessee of land used for the purposes of the operation of a brothel that is owned or leased by the other or by a body corporate of which the other is an associate; or (g) a body corporate and the other is an associate of the body corporate. (3A) For the purposes of sub-section (3)(c), (f) and (g) 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 spouse or defacto partner 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
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 27 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.'.
27. Circumstances in which persons are associated
In section 77 of the Principal Act, for sub-section
(3) substitute—"(3) For the purposes of sub-section (2) two
persons are associated if one is—
(a)
a spouse or defacto partner of the other; or
(b) a business partner of the other; or
(c) associate of a body corporate which
has, entered into a businessa person who has, or a person who is an other or with a body corporate of which the other is an associate—
(i) in respect of the use, occupation, or
(ii) that enables or will enable the person, or a body corporate of which the person is an associate,
to exercise a significant influence
over or with respect to the
management or operation of a
prostitution service providing
business carried on by the other or
by a body corporate of which the
other is an associate but not
including an arrangement or
relationship under which the
Prostitution Control (Amendment) Act 1999
| s. 27 | Act No. 44/1999 |
person is or will be an approved
manager of the business; or
(d) directly receiving any income derived from a business carried on by the other; or (e) a body corporate and the other is a related body corporate within the meaning of section 9 of the Corporations Law; or (f) a person who is a lessee or sub-lessee of land used for the purposes of the operation of a brothel that is owned or leased by the other or by a body corporate of which the other is an associate; or (g) a body corporate and the other is an associate of the body corporate. (3A) For the purposes of sub-section (3)(c), (f) and (g) 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 spouse or defacto partner 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
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 28 behalf of any other person) in the business of the body corporate.".
28. Declaration of proscribed brothel
(1) In section 80(1) of the Principal Act, for
paragraphs (a) and (ab) substitute—
"(a) on the application of an authorised member
of the police force, that—
(i) a business of a kind referred to in the definition of "brothel" in section 3 is being carried on at those premises; and
(ii) there is not in force— (A) a licence authorising a person to
carry on such a business at those
premises; or
(B) if those premises are not a
building or part of a building, a
permit granted under the
Planning and Environment Act
1987 for the use or development
of those premises for the purposes
of the operation of a brothel; or".
(2) In section 80 of the Principal Act, after sub- section (3A) insert—
"(3B) The Magistrates' Court must dismiss an
application under sub-section (1)(a) to the extent that it is based on there not being in force a licence authorising a person to carry
on at the premises which are the subject of
the application a business of a kind referred
to in the definition of "brothel" in section 3 if
the owner or occupier of those premises
proves that he or she is exempted by section
23 from the requirement to hold a licence.".
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| s. 29 | Act No. 44/1999 |
(3) In section 84(1) of the Principal Act, for
paragraphs (a) and (ab) substitute—
'(a) used for the carrying on of a business of akind referred to in the definition of "brothel" in section 3 in contravention of section 22(1) or (1A) or 21A(1); or'.
29. Destruction of fingerprints
In section 88A(2)(a) and (3) of the Principal Act, after "approval" insert ", or renewal of the approval,".
30. New section 92 inserted
After section 91 of the Principal Act insert—
"92. Prostitution Control (Amendment) Act 1999
(1) The amendments of section 22 of this Act
made by sections 7 and 8 of the Prostitution Control (Amendment) Act 1999 apply only to offences alleged to have been committed
after the commencement of those sections. (2) For the purposes of sub-section (1), if an
offence is alleged to have been committed between two dates of which one is before and one is on or after the day of
commencement of sections 7 and 8 of the Prostitution Control (Amendment) Act 1999, the offence is alleged to have been committed before that commencement.
(3) The amendments of this Act made by sections 10 and 11 of the Prostitution Control (Amendment) Act 1999 apply to—
(a) the commencement of those sections
applications for a licence made before commencement; and
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 30
(b) applications for a licence made after that commencement. (4) The amendments of this Act made by sections 12 and 22 of the Prostitution Control (Amendment) Act 1999 apply to
and with respect to licensees and the licences of licensees, whether the licence was granted before or after the commencement of those
sections.
(5) Subject to sub-section (6), the amendments
of this Act made by section 13 of the 1999 apply to and with respect to licensees and the licences of licensees, whether the licence was granted before or after the commencement of that section.
(6) The amendments of section 47 of this Act
made by section 13 of the Prostitution affect any application made to the Tribunal under section 47(1) before the commencement of section 13 of that Act that had not been finally determined before that commencement and any such application shall be determined as if that section of that Act had not come into operation.
(7) The amendments of this Act made by
sections 15 and 16(1), (2) and (3) of the
Prostitution Control (Amendment) Act
1999 apply to—
(a) renewal of an approval made before the
commencement of those sections but
applications for an approval or the and
Prostitution Control (Amendment) Act 1999
| s. 30 | Act No. 44/1999 |
(b) applications for an approval or the renewal of an approval made after that commencement. (8) Subject to sub-section (9), the amendments of this Act made by sections 16(4) and (5), 17, 18 and 19 of the Prostitution Control (Amendment) Act 1999 apply to and with respect to approved managers and the
approvals of approved managers, whether
the approval was granted or renewed before
or after the commencement of those sections.(9) The substitution of a new section 53 of this Act made by section 18 of the Prostitution Control (Amendment) Act 1999 does not affect any application made to the Tribunal under section 53(1) before the
commencement of section 18 of that Act that
had not been finally determined before that
commencement and any such application
shall be determined as if that section of thatAct had not come into operation.
(10) The amendment of section 77 of this Act
made by section 27 of the Prostitution only with respect to declarations made by a court under section 77(2) of this Act after the commencement of section 27 of that Act.
(11) The amendments of section 80 of this Act
made by section 28(1) and (2) of the 1999 apply only with respect to applications made under section 80(1)(a) of this Act after the commencement of section 28(1) and (2) of that Act. (12) The amendment of section 84(1) of this Act made by section 28(3) of the Prostitution
Prostitution Control (Amendment) Act 1999
Act No. 44/1999 s. 31 Control (Amendment) Act 1999 applies
to—
(a)
applications under section 84 of this Act made before the commencement of section 28(3) of that Act but not determined at that commencement; and
(b)
applications under section 84 of this Act made after that commencement.".
31. Statute law revision
(1) In the penalty set out at the foot of section 11A(1)
of the Principal Act, for "120 penalty units or
imprisonment for 12 months" substitute "Level 8
imprisonment (1 year maximum) or a level 8 fine
(120 penalty units maximum)".
(2) In section 21(3) of the Principal Act, for "Liquor Control Act 1987" substitute "Liquor Control Reform Act 1998".
(3) In the penalty set out at the foot of section
40AA(2) of the Principal Act, for "10 penalty
units" substitute "Level 10 fine (10 penalty units
maximum)".
(4) In the penalty set out at the foot of section 40A(3)
of the Principal Act, for "10 penalty units" substitute "Level 10 fine (10 penalty units maximum)".
(5) In the penalty set out at the foot of section 43 of
the Principal Act, for "60 penalty units"
substitute "Level 9 fine (60 penalty units
maximum)".
(6) In the penalty set out at the foot of section 45(1)
of the Principal Act, for "60 penalty units" substitute "Level 9 fine (60 penalty units maximum)".
Prostitution Control (Amendment) Act 1999
s. 31
| s. 32 | Act No. 44/1999 |
(7) In the penalty set out at the foot of section 46 of
the Principal Act, for "60 penalty units"
substitute "Level 9 fine (60 penalty units
maximum)".
(8) In section 48A(3) of the Principal Act, omit "(b)
or".
(9) In the penalty set out at the foot of section 52(4)
of the Principal Act, for "60 penalty units" substitute "Level 9 fine (60 penalty units maximum)".
(10) In the penalty set out at the foot of section 52A(3)
of the Principal Act, for "10 penalty units" substitute "Level 10 fine (10 penalty units maximum)".
(11) In section 54A(3) of the Principal Act, omit "(b)
or".
(12) In the penalty set out at the foot of section 57(1)
of the Principal Act, for "120 penalty units or
imprisonment for 12 months" substitute "Level 8
imprisonment (1 year maximum) or a level 8 fine(120 penalty units maximum)".
(13) In the penalty set out at the foot of sections 60(1)
and (2) and 61 of the Principal Act, for "10 penalty units" substitute "Level 10 fine (10 penalty units maximum)".
(14) In the penalty set out at the foot of section 62(3)
of the Principal Act, for "120 penalty units or
imprisonment for 12 months" substitute "Level 8
imprisonment (1 year maximum) or a level 8 fine(120 penalty units maximum)".
32. Amendment of Summary Offences Act 1966
| No. 7405. | In Part I of the Summary Offences Act 1966, |
| Reprint No. 7 | |
| as at 6 August | after Division 3 insert— |
| 1998. |
Prostitution Control (Amendment) Act 1999
Act No. 44/1999
"Division 4—Advertising of Live Sexually-
Explicit Entertainment
39. Advertising regulations
(1) The Governor in Council may make
regulations for or with respect to—
(a) the size, form and content of explicit entertainment;
(b) prohibiting the advertising—
(i) in a specified publication or specified class of publication; or
(ii) in a specified manner—
of advertisements for live sexually-
explicit entertainment;
(c) generally regulating the publication of explicit entertainment.
(2) A power conferred by sub-section (1) to make regulations may be exercised—
(a)
either in relation to all cases to which the power extends, or in relation to all those cases subject to specified
exceptions, or in relation to any
specified case or class of case; and(b)
so as to make, as respects the cases in relation to which the power is exercised—
(i) relation to which the power is
exercised, or different provisionsthe same provision for all cases in case, or different provisions for
Prostitution Control (Amendment) Act 1999
| s. 32 | Act No. 44/1999 |
the same case or class of case for
different purposes; or
(ii) any such provision either
unconditionally or subject to any
specified condition.(3) Regulations made under sub-section (1) may
be made—
(a) so as to apply—
(i) at all times or at a specified time; or
(ii) throughout the whole of the State or in a specified part of the State; or
(iii) as specified in both sub-
paragraphs (i) and (ii); and
(b)
so as to require a matter affected by the regulations to be—
(i) in accordance with a specified or
(ii) approved by or to the satisfaction of a specified person or a specified class of person; or
(iii) as specified in both sub-
paragraphs (i) and (ii); and(c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether— (i) wholly or partially or as amended by the regulations; or
(ii) as in force at the time the regulations are made or at any time before then; and
Prostitution Control (Amendment) Act 1999
s. 33
s. 34
Act No. 44/1999
(d)
so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
(e)
so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and
(f)
so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.".
33. Forfeiture offences under Confiscation Act 1997
No. 108/1997. Reprint No. 1
(1) In section 157 of the Confiscation Act 1997, after sub-section (10) insert— as at 1 July 1998. Further amended by Nos 60/1998, "(10A) Item 18 of Schedule 1 to this Act (as inserted in that Schedule by section 33(2) of the 80/1998 and 85/1998. Prostitution Control (Amendment) Act 1999) applies with respect to offences against section 123 of this Act of which a person is convicted after the commencement of section 33(2) of that Act, irrespective of when the offence is alleged to have been committed.".
(2) In Schedule 1 to the Confiscation Act 1997, after item 16 insert—
"17. An offence against section 22(1A) of the Prostitution Control Act 1994 (prostitution service providers to be licensed).
18. An offence against section 123 of this Act (possession etc. of property suspected of being proceeds of crime).".
34. Consequential amendment
Prostitution Control (Amendment) Act 1999
Act No. 44/1999
| No. 51/1989. | In Schedule 4 to the Magistrates' Court Act |
| Reprint No. 5 | 1989, for clause 48C substitute— |
| as at 1 July | |
| 1998. Further | "46. Offence to have interest in more than one brothel |
| amended by | licence or permit |
| Nos 84/1997 | |
| and 15/1998. | Offences under section 75(1) of the Prostitution Control Act 1994.". |
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Prostitution Control (Amendment) Act 1999
Act No. 44/1999 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 6 May 1999
Legislative Council: 26 May 1999
The long title for the Bill for this Act was "to amend the Prostitution
Control Act 1994, the Summary Offences Act 1966 and the
Confiscation Act 1997 and for other purposes."
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0
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