New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 124AB

124AB Proceedings relating to use of premises as brothel

(1) Application This section applies to proceedings before the Court to remedy or restrain a breach of this Act in relation to the use of premises as a brothel. Subsections (5) and (6) extend to any such proceedings in relation to all brothels within the meaning of the Restricted Premises Act 1943 .

(2) Adjournments to obtain consent only in exceptional circumstances The Court may not adjourn the proceedings under section 124 (3) unless it is of the opinion that the adjournment is justified because of the exceptional circumstances of the case. The fact that it is intended to lodge a development application, or that a development application has been made, is not by itself an exceptional circumstance.

(3) Time for making development application limited to 10 days If the Court adjourns the proceedings under section 124 (3), the proceedings must be brought back before the Court if a development application is not made within 10 working days of the adjournment.

(4) Only one adjournment The Court may make only one adjournment under section 124 (3) of particular proceedings.

(5) Finding may be made on circumstantial evidence In any proceedings:

(a) the Court may rely on circumstantial evidence to find that particular premises are used as a brothel, and

(b) the Court may make such a finding without any direct evidence that the particular premises are used as a brothel.

(6) However, the presence in any premises of articles or equipment that facilitate or encourage safe sex practices does not of itself constitute evidence of any kind that the premises are used as a brothel.

Examples of circumstantial evidence include (but are not limited to) the following:

(a) evidence relating to persons entering and leaving the premises (including number, gender and frequency) that is consistent with the use of the premises for prostitution,

(b) evidence of appointments with persons at the premises for the purposes of prostitution that are made through the use of telephone numbers or other contact details that are publicly advertised,

(c) evidence of information in books and accounts that is consistent with the use of the premises for prostitution,

(d) evidence of the arrangement of, or other matters relating to, the premises, or the furniture, equipment or articles in the premises, that is consistent with the use of the premises for prostitution.