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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Summary Offences Amendment
(Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Summary Offences Act 1988 No 25 2
4 Repeal of Theatres and Public Halls Act 1908 No 13 2
5 Amendment of Act and regulation 2
Schedules
1 Amendment of Summary Offences Act 1988 3
2 Amendment of Act and regulation 8
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Summary Offences Amendment
(Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
Act No , 2001
An Act to amend the Summary Offences Act 1988 with respect to the presence of
minors in sex clubs; to repeal the Theatres and Public Halls Act 1908; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Summary Offences Amendment (Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Summary Offences Amendment (Minors in Sex Clubs)
and Theatres and Public Halls Repeal Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Summary Offences Act 1988 No 25
The Summary Offences Act 1988 is amended as set out in Schedule 1.
4 Repeal of Theatres and Public Halls Act 1908 No 13
The Theatres and Public Halls Act 1908 is repealed.
5 Amendment of Act and regulation
The Act and the regulation specified in Schedule 2 is amended as set
out in that Schedule.
Page 2
Summary Offences Amendment (Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
Amendment of Summary Offences Act 1988 Schedule 1
Schedule 1 Amendment of Summary Offences
Act 1988
(Section 3)
[1] Part 3A
Insert after Part 3:
Part 3A Minors in sex clubs
21A Definitions
In this Part:
declared sex club means premises for the time being declared
under this Part to be a sex club.
live sex entertainment means live public entertainment of a
sexually explicit nature, such as striptease or actual or
simulated sexual intercourse (whether or not involving
audience participation).
manager of a declared sex club means a person having the
management or control, or otherwise in charge, of the club.
minor means a person who has not attained the age of 18
years.
public entertainment means entertainment to which admission
may ordinarily be gained by members of the public (whether or
not the public to whom it is open consists only of a limited
class of persons) on payment of money, or other consideration,
as the price or condition of admission. Entertainment does not
cease to be public entertainment merely because:
(a) some (but not all) persons may be admitted to the
entertainment otherwise than on payment of money, or
other consideration, as the price or condition of
admission, or
(b) payment of money or other consideration, is demanded
as the charge for a meal or other refreshment, or for any
other service or thing, before admission to the
Page 3
Summary Offences Amendment (Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
Schedule 1 Amendment of Summary Offences Act 1988
entertainment is granted or as the charge for the
entertainment after admission to the entertainment has
been granted.
senior police officer means a police officer of or above the
rank of senior sergeant.
21B Minister may declare premises to be sex club on application of
senior police officer
(1) A senior police officer may apply to the Minister for premises
to be declared a sex club under this Part.
(2) The Minister may declare the premises to be a sex club under
this Part if satisfied that:
(a) the premises are used solely or substantially for live sex
entertainment, and
(b) there is no effective prohibition under the Liquor
Act 1982 or any other law on minors entering the
premises.
(3) The premises declared to be a sex club may include any area
that is associated with any part of the premises used for live sex
entertainment.
(4) The Minister may rely on information supplied in the
application for the declaration or any other information
available to the Minister for the purposes of making the
declaration.
(5) The following provisions apply to the declaration of a sex club:
(a) the declaration must set out a description of the
premises to which it relates,
(b) the declaration may be limited to circumstances
specified in the declaration,
(c) the declaration may be revoked by the Minister at any
time.
(6) The Minister may delegate the powers conferred on the
Minister by this section (other than this power of delegation).
Page 4
Summary Offences Amendment (Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
Amendment of Summary Offences Act 1988 Schedule 1
21C Notification of declaration of premises
(1) The declaration of any premises as a sex club is to be notified
by any one or more of the following means:
(a) by publication of the declaration in the Gazette,
(b) by publication of the declaration in any newspaper
circulating in the area in which the premises are
located,
(c) by the service of notice of the declaration on the
manager of the premises or a person who:
(i) is entitled to any of the proceeds of the
operation of the premises, or
(ii) is otherwise concerned in the management of the
premises,
(d) by affixing a notice of the declaration in a conspicuous
place at the main entry point to the premises.
(2) A declaration does not take effect until it has been notified by
any one of those means.
21D Minors not permitted in declared sex clubs
(1) A person engaged in the operation of a declared sex club must
not permit a minor to enter or remain in the club.
Maximum penalty: 20 penalty units.
(2) A person is engaged in the operation of a declared sex club if:
(a) the person is the manager of the club, or
(b) the person is employed to carry out duties in the club, or
(c) the person is entitled to any of the proceeds of the
operation of the club or is otherwise concerned in the
management of the club.
(3) It is a defence to a prosecution for an offence under
subsection (1) if it is proved that:
(a) the person charged believed on reasonable grounds that
the minor was of or above the age of 18 years, or
Page 5
Summary Offences Amendment (Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
Schedule 1 Amendment of Summary Offences Act 1988
(b) the person charged had no knowledge that the minor
was in the club and could not, by the exercise of due
diligence, have prevented the minor from being in the
club.
21E Notices to be displayed
(1) The manager of a declared sex club must ensure that there is
continually displayed at each entry point to the club a notice
that:
(a) states that a minor is not permitted to enter the club, and
(b) is displayed in such a manner that it would be
reasonable to expect that a person entering the club
would be alerted to its contents.
Maximum penalty: 20 penalty units.
(2) The regulations may make provision for or with respect to the
size and content of such notices.
21F Police powers of entry
(1) If a police officer believes on reasonable grounds that a minor
is in a declared sex club, the officer may, at any time of the day
or night, enter the premises to ascertain whether an offence
under this Part has been or is being committed.
(2) A police officer exercising the power conferred by
subsection (1) may, with or without assistance, break into the
premises if entry is refused or is unreasonably delayed.
(3) If a police officer is satisfied, on reasonable grounds, that a
minor is in a declared sex club, the officer may remove the
minor, or cause the minor to be removed, from the premises.
(4) A person who wilfully delays or obstructs a police officer in the
exercise of a power under this section is guilty of an offence.
Maximum penalty: 50 penalty units.
(5) In the exercise of a power conferred under this section, a police
officer may request any person to answer any question relating
to any suspected offence under this Part.
Page 6
Summary Offences Amendment (Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
Amendment of Summary Offences Act 1988 Schedule 1
[2] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1) in Schedule 2:
Summary Offences Amendment (Minors in Sex Clubs) and
Theatres and Public Halls Repeal Act 2001
Page 7
Summary Offences Amendment (Minors in Sex Clubs) and Theatres and
Public Halls Repeal Bill 2001
Schedule 2 Amendment of Act and regulation
Schedule 2 Amendment of Act and regulation
(Section 5)
2.1 Boxing and Wrestling Control Act 1986 No 11
Section 62C Application for and granting of permits
Omit section 62C (5).
2.2 Dangerous Goods (General) Regulation 1999
Dictionary
Omit the definitions of public hall and theatre.
Insert instead of the latter definition:
theatre or public hall means any building or part of a building
that is used or intended to be used for the purpose of providing
public entertainment or conducting public meetings.
Page 8
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