Northern Territory Consolidated Acts

PROSTITUTION REGULATION ACT - SECT 24

24. Eligibility for grant or renewal of licence

(1) To be eligible to be granted an operator's licence or a manager's licence in respect of an escort agency business, or to have such a licence renewed, an individual -

(a) must have attained the age of 18 years;

(b) must be resident in the Territory;

(c) must not have been found guilty -

(i) at any time, of a disqualifying offence as defined in subsection (3), or of an attempt to commit such an offence; or

(ii) within the preceding 10 years, of a disqualifying offence as defined in subsection (4), or of an attempt to commit such an offence;

(d) must not be the spouse, de facto partner, business partner or business associate of an individual who has been found guilty as mentioned in paragraph (c); and

(e) must not have entered into a business arrangement or relationship in respect of the operation of the escort agency business with -

(i) an individual who has been found guilty as mentioned in paragraph (c); or

(ii) a body corporate any officer of which has been so found guilty.

(2) For a body corporate to be eligible to be granted an operator's licence in respect of an escort agency business, or to have such a licence renewed -

(a) its shareholders must not include a body corporate;

(b) each of its officers must satisfy the requirements in subsection (1)(a), (b), (c) and (d); and

(c) the body corporate must not itself have entered into any such business arrangement or relationship as is described in subsection (1)(e).

(3) In subsection (1)(c)(i), "disqualifying offence" means an offence against -

(a) section 9(4), 11, 12, 13, 14(1) or (2), 15(1) or 16 of this Act;

(b) section 127, 128, 129, 130, 131, 132, 192 or 201 of the Criminal Code; or

(c) a corresponding law (as defined in subsection (5)),

being, in the case of an offence against section 127 of the Criminal Code or a law which is a corresponding law in relation to that section, an offence involving a male person who, at the time of the offence, had not attained the age of 14 years.

(4) In subsection (1)(c)(ii), "disqualifying offence" means an offence against -

(a) section 5, 6(1) or (2), 7, 8, 9 or 11 of the Misuse of Drugs Act ; or

(b) a corresponding law (as defined in subsection (5)),

being an offence punishable on a finding of guilt (except where dealt with summarily) by imprisonment for 5 years or more.

(5) In subsections (3)(c) and (4)(b), "corresponding law" means -

(a) a law (including a repealed law) of the Commonwealth, or of a State or another Territory of the Commonwealth; or

(b) a repealed law of the Territory,

which makes (or, when in force, made) provision substantially similar to a provision specified in subsection (3)(a) or (b) or, as the case requires, subsection (4)(a).

(6) This section, so far as it renders a person ineligible for the grant or renewal of a licence if he or she, or some other person, has been found guilty as mentioned in subsection (1)(c)(ii), has effect subject to section 28(3).