This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The underlying principle of this Bill is to recognise the danger to public health and
safety that is caused by the operation of illegal brothels in inappropriate locations
within the community.

Accordingly, the objects of this Bill are as follows:

(a) to protect the community from the operation of illegal brothels,

(b) to encourage the restriction and regulation of brothels under instruments and
policies made or adopted by local councils,

(c) to facilitate the prompt closure of illegal brothels by local councils.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision that gives effect to the amendments to the
Environmental Planning and Assessment Act 1979 set out in Schedule 1.

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Explanatory note page 2

Community Protection (Closure of Illegal Brothels) Bill 2006
Explanatory note
Clause 4 provides for the repeal of the proposed Act after it commences. Once the
amendments concerned have commenced the proposed Act will be spent and
section 30 of the Interpretation Act 1987 provides that the repeal of an amending Act
does not affect any amendments made by that Act.

Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
At present under section 121B of the Environmental Planning and Assessment Act
1979 (the principal Act), local councils may give a person an order to do or refrain
from doing specified things in certain circumstances. Schedule 1 [3] amends the
Table to section 121B to specifically provide for the giving of an order under that
section to cease using premises for the purposes of an illegal brothel (ie in
circumstances where the use of the premises as a brothel is prohibited under an
environmental planning instrument or where development consent is required but has
not been obtained). The order may be given to the owner of the premises or the
person by whom the premises are being used as a brothel.

Schedule 1 [1] provides that the term brothel in the principal Act has the same
meaning as in the Restricted Premises Act 1943 (namely, premises habitually used
for the purposes of prostitution, or that have been used for that purpose and are likely
to be used again for that purpose).

Schedule 1 [2] excludes development for the purposes of a brothel from the
operation of State Environmental Planning Policy No 1—Development Standards.

Schedule 1 [4] entrenches the underlying principles and objects of the proposed
amendments in the principal Act.

Schedule 1 [5] provides that certain requirements under the principal Act relating to
the giving of orders under section 121B will not apply to an order to cease using
premises as an illegal brothel (eg it will not be necessary for a council to give advance
notice of the proposed order or to allow representations to be made concerning the
proposed order).

Schedule 1 [6] provides that if a council gives a person an order to cease using
premises as an illegal brothel, then the order must require compliance with its terms
within 48 hours.

Schedule 1 [7] authorises a council, if the council is satisfied that an order referred
to above is not being complied with, to take action to prevent persons from entering
the premises to which the order relates. The council will be able to recover any
reasonable costs that it incurs in taking that action. Also, a council will be able to
recover from the person required to comply with the order certain other costs
incurred by the council in making the order.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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