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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PROSTITUTION BILL 1999
Queensland
PROSTITUTION BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--DEFINITIONS AND BASIC CONCEPTS
Division 1--Dictionary
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Basic concepts
6 Meaning of "associate" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Meaning of "interest in a brothel" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--LICENSING SYSTEM
Division 1--Brothel licences
Subdivision 1--Application for licence
8 Who is ineligible for a brothel licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9 Person may hold only 1 brothel licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11 Updating of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Applicant to consent to identifying particulars being taken . . . . . . . . . . . . . 16
14 Application to be referred to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
16 When authority must refuse application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 Suitability of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2
Prostitution
18 Grant or refusal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 The licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
20 Requirement to notify changes in information given . . . . . . . . . . . . . . . . . . 21
21 Amendment of licence conditions or restrictions . . . . . . . . . . . . . . . . . . . . . 21
22 Endorsement of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 2--Licence cancellation and disciplinary action
24 Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Automatic cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Investigating disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28 Starting disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
29 Disciplinary powers of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Disciplinary powers limited for certain licensees . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 3--Other provisions about licences
31 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Surrendered, suspended or cancelled licence must be returned . . . . . . . . . 26
33 When Authority can authorise approved manager to act as licensee . . . . . 26
Division 2--Approved managers
Subdivision 1--Application for certificate
34 Who is ineligible for a certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
35 Application for certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Updating of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Applicant to consent to identifying particulars being taken . . . . . . . . . . . . . 29
39 Application to be referred to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
41 When Authority must refuse application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Suitability of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Grant or refusal of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 The certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
45 Requirement to notify changes in information given . . . . . . . . . . . . . . . . . . 33
3
Prostitution
46 Variation of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
47 Amendment of certificate conditions or restrictions . . . . . . . . . . . . . . . . . . . 34
48 Endorsement of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49 Renewal of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 2--Certificate cancellation and disciplinary action
50 Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
51 Automatic cancellation of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
52 Investigating disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
53 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
54 Starting disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
55 Disciplinary powers of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
56 Disciplinary powers limited for certain approved managers . . . . . . . . . . . . 38
Subdivision 3--Other provisions about certificates
57 Surrender of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
58 Surrendered, suspended or cancelled certificate must be returned . . . . . . . 39
Division 3--Powers of entry
59 Police power to enter licensed brothel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
60 Powers after entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
61 Authority to be given particulars after entry . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 4--DEVELOPMENT APPROVALS FOR BROTHELS
62 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
63 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
64 When assessment manager must refuse application . . . . . . . . . . . . . . . . . . . 41
PART 5--PROHIBITED BROTHELS
65 Application to Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
66 Declaration that premises are a prohibited brothel . . . . . . . . . . . . . . . . . . . . 42
67 Publication of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
68 Offence in relation to posted up declaration . . . . . . . . . . . . . . . . . . . . . . . . . 43
69 Offence of being in or entering or leaving prohibited brothel . . . . . . . . . . . 43
70 Offence if prohibited brothel used as brothel after declaration given . . . . . 44
71 Rescission of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
72 Service of notices in relation to prohibited brothels . . . . . . . . . . . . . . . . . . . 44
4
Prostitution
PART 6--OFFENCES
Division 1--General offences relating to prostitution
73 Public soliciting for purposes of prostitution . . . . . . . . . . . . . . . . . . . . . . . . . 45
74 Exception to soliciting offences--persons in licensed brothels . . . . . . . . . . 46
75 Exception to soliciting offences--police officers . . . . . . . . . . . . . . . . . . . . . 46
76 Nuisances connected with prostitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
77 Duress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 2--Offences relating to the operation of a licensed brothel
78 Brothel offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
79 Operating licensed brothel other than in a building . . . . . . . . . . . . . . . . . . . 48
80 Personal supervision of licensed brothel . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
81 Licensee not to operate brothel in partnership or in association
with unlicensed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
82 Person not to have interest in more than 1 licensed brothel . . . . . . . . . . . . 49
83 Possessing liquor in licensed brothel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
84 Complying with police requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
85 Person to state age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
86 Licensee and approved manager to state name and address . . . . . . . . . . . . 50
87 Display of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
88 Production of licence or certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 3--Offences relating to prostitutes working in licensed
brothels
89 Permitting prostitute infective with a disease to work in a
licensed brothel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
90 Prostitute working while infective with a disease . . . . . . . . . . . . . . . . . . . . . 52
91 Prostitute providing sexual intercourse or oral sex without a
prophylactic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 4--Advertising offences
92 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
93 Advertising prostitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
94 Statements inducing persons to become prostitutes . . . . . . . . . . . . . . . . . . . 55
95 Advertising prostitution as massage services . . . . . . . . . . . . . . . . . . . . . . . . 55
96 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
5
Prostitution
Division 5--Other offences
97 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
98 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
99 Offences by bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 7--ADMINISTRATION
Division 1--Prostitution Licensing Authority
100 Establishment of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
101 Functions of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
102 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
103 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
104 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
105 Disqualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
106 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
107 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
108 Member's interest in a matter to be considered by Authority . . . . . . . . . . . 60
109 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
110 Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
111 Licence and certificate register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2--Prostitution Advisory Council
112 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
113 Establishment of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
114 Functions of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
115 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
116 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
117 Disqualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
118 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
119 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
120 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
121 Council may ask Authority for information . . . . . . . . . . . . . . . . . . . . . . . . . . 66
122 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 3--Prostitution Licensing Authority Fund
123 Establishment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
6
Prostitution
124 Payments into fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
125 Payments out of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
126 Directions by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 8--GENERAL
Division 1--Proceedings for offences
127 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
128 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
129 Limitation on who may summarily hear indictable offence proceedings . . 68
130 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 69
131 Offences about false or misleading information or documents . . . . . . . . . . 69
132 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 2--Other matters
133 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
134 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
135 Noncompellability of health service providers . . . . . . . . . . . . . . . . . . . . . . . 71
136 Destruction of identifying particulars etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
137 Application of Freedom of Information Act . . . . . . . . . . . . . . . . . . . . . . . . . . 72
138 Application of Judicial Review Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
139 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
140 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
141 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 9--AMENDMENT OF LIQUOR ACT 1992
142 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
143 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
144 Amendment of s 3 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
145 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
146 Insertion of new s 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
147 Amendment of s 97 (Available permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
148 Insertion of new pt 4, div 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 13A--Adult entertainment permit
103E Adult entertainment code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
103F Only licensees and permittees eligible for grant of adult
entertainment permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
7
Prostitution
103G Authority of adult entertainment permit . . . . . . . . . . . . . . . . . . . . . . . 78
103H Approved area to conform with requirements . . . . . . . . . . . . . . . . . . 78
103I Duration of adult entertainment permit . . . . . . . . . . . . . . . . . . . . . . . 79
103J Adult entertainment permit dependent on currency of
licence or general purpose permit or restricted club permit . . . . . . . 79
149 Amendment of s 104 (Additional time for consumption or
removal of liquor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
150 Amendment of s 106 (Who may apply for licence or permit) . . . . . . . . . . . 80
151 Amendment of s 107 (Restrictions on grant of licence or permit) . . . . . . . 80
152 Insertion of new ss 107A to 107C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
107A Restriction on grant of adult entertainment permit . . . . . . . . . . . . . . 81
107B Suitability of applicant for adult entertainment permit . . . . . . . . . . 81
107C Application to be referred to commissioner . . . . . . . . . . . . . . . . . . . . 83
153 Replacement of s 108 (More than 1 licence may be held) . . . . . . . . . . . . . 83
108 More than 1 licence or adult entertainment permit may be held . . 83
154 Amendment of s 109 (Nominees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
155 Insertion of new s 109AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
109AA Controllers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
156 Amendment of s 110 (Application for grant of extended hours
permit not on regular basis) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
157 Amendment of s 117 (Advice about application etc.) . . . . . . . . . . . . . . . . . 86
158 Amendment of s 121 (Conference of concerned persons and
decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
159 Amendment of s 121A (Renewal of permits for extension of hours
beyond 3 a.m.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
160 Amendment of s 134 (Cancellation, suspension or variation of permits) . . 87
161 Amendment of s 135 (Summary cancellation, suspension or variation) . . . 88
162 Replacement of pt 6, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
163 Insertion of new s 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
143A Particulars to be displayed for approved area for adult
entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
164 Insertion of new ss 149A and 149B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
149A Providing adult entertainment without adult entertainment
permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
149B Supervising adult entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
8
Prostitution
165 Insertion of new s 155A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
155AA Minors must not be in approved area
when adult entertainment being provided . . . . . . . . . . . . . . . . . . . . . 90
166 Insertion of new s 168A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
168A Advertising adult entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
167 Amendment of s 226 (Contravention of condition of licences etc.) . . . . . . 91
168 Insertion of new s 233A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
233A Use of code in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
PART 10--AMENDMENTS OF THE CRIMINAL CODE
169 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
170 Amendment of s 1 (Construction of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . 92
171 Amendment of s 218 (Procuring sexual acts by coercion etc.) . . . . . . . . . . 92
172 Amendment of s 227 (Indecent acts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
173 Replacement of ss 229D-229E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
229D Meaning of "sexual intercourse" for ch 22A . . . . . . . . . . . . . . . . . . . 93
229E Meaning of "prostitution" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
174 Amendment of s 229G (Procuring prostitution) . . . . . . . . . . . . . . . . . . . . . . . 94
175 Amendment of s 229H (Knowingly participating in provision of
prostitution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
176 Amendment of s 229I (Persons found in places reasonably
suspected of being used for prostitution etc.) . . . . . . . . . . . . . . . . . . . . . . . . 96
177 Amendment of s 229K (Having an interest in premises used for
the purposes of prostitution etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
PART 11--AMENDMENTS OF OTHER ACTS
178 Acts and regulations amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 98
DISQUALIFYING OFFENCE PROVISIONS UNDER THE
CRIMINAL CODE
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 99
DISQUALIFYING OFFENCE PROVISIONS UNDER THE
MIGRATION ACT 1985 (CWLTH)
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 101
AMENDMENT OF OTHER ACTS AND REGULATIONS
CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 . . . 101
9
Prostitution
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 102
INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
INTEGRATED PLANNING REGULATION 1998 . . . . . . . . . . . . . . . . . . . . 103
JUDICIAL REVIEW ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
POLICE POWERS AND RESPONSIBILITIES ACT 1997 . . . . . . . . . . . . . 104
VAGRANTS, GAMING AND OTHER OFFENCES ACT 1931 . . . . . . . . . 105
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 106
DEFINITIONS
1999
A BILL
FOR
An Act to regulate prostitution in Queensland, and for other purposes
s1 12 s5
Prostitution
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Prostitution Act 1999. 4
5
Commencement
2. This Act commences on 1 July 2000. 6
urpose 7
P
3. The purpose of this Act is to regulate prostitution in Queensland. 8
binds all persons 9
Act
4.(1) This Act binds all persons, including the State. 10
(2) Nothing in this Act makes the State liable to be prosecuted for an 11
offence. 12
ART 2--DEFINITIONS AND BASIC CONCEPTS 13
P
Division 1--Dictionary 14
15
Definitions
5. The dictionary in schedule 4 defines particular words used in this Act. 16
s6 13 s7
Prostitution
Division 2--Basic concepts 1
of "associate" 2
Meaning
6.(1) A person is an "associate" of an individual if the person-- 3
(a) is a member of the individual's family; or 4
(b) has entered into a business arrangement or relationship with the 5
individual for the provision of prostitution; or 6
(c) is the owner or lessor, either alone or jointly, of premises used or 7
proposed to be used for the provision of prostitution under a 8
licence. 9
(2) A person is an "associate" of a body corporate if the person is an 10
executive officer of the body corporate. 11
of "interest in a brothel" 12
Meaning
7.(1) A person has an "interest in a brothel" if the person-- 13
(a) is the licensee of the brothel; or 14
(b) is a member of the family of the licensee of the brothel; or 15
(c) is an approved manager of the brothel; or 16
(d) is a member of the family of an approved manager of the brothel; 17
or 18
(e) is the owner, either alone or jointly, of premises used by the 19
licensee of the brothel for the provision of prostitution; or 20
(f) is a member of the family of an owner mentioned in 21
paragraph (e); or 22
(g) is the lessor of the premises used by the licensee of the brothel for 23
the provision of prostitution; or 24
(h) is a member of the family of a lessor mentioned in paragraph (g); 25
or 26
(i) has entered into a business arrangement or relationship with 27
another person for the provision of prostitution at the brothel; or 28
s8 14 s8
Prostitution
(j) directly receives income from the provision of prostitution at the 1
brothel; or 2
(k) is able to exercise a significant influence over the operations of, or 3
in relation to the provision of prostitution at, the brothel; or 4
(l) is an executive officer of a body corporate that is a person 5
mentioned in paragraphs (e), (g), (i), (j) or (k). 6
(2) If a financial institution is a mortgagee of premises used by the 7
licensee of a brothel for the provision of prostitution, the institution does not 8
have an "interest in a brothel" only because the institution is a mortgagee 9
of the premises. 10
ART 3--LICENSING SYSTEM 11
P
Division 1--Brothel licences 12
1--Application for licence 13
Subdivision
is ineligible for a brothel licence 14
Who
8. A person is ineligible to apply for a brothel licence1 if the person-- 15
(a) is a corporation; or 16
(b) is a minor; or 17
(c) is an insolvent under administration; or 18
(d) holds a licence or permit under the Liquor Act 1992; or 19
(e) has been convicted of a disqualifying offence; or 20
(f) has had a licence or other authority under this Act or a 21
corresponding law to provide prostitution at a brothel cancelled in 22
the last 3 years; or 23
1 The provision of prostitution at a brothel other than in a way permitted under this
Act may constitute an offence under the Criminal Code.
s9 15 s 10
Prostitution
(g) has had a certificate or other authority under this Act or a 1
corresponding law to manage a brothel cancelled in the last 2
3 years; or 3
(h) is subject to an order of the Authority declaring the person to be 4
ineligible to apply for a licence. 5
may hold only 1 brothel licence 6
Person
9. A person is not entitled to apply for, or eligible to be granted, more 7
than 1 licence. 8
for licence 9
Application
10.(1) A person who is eligible to apply for a licence may apply to the 10
Authority for a licence. 11
(2) The application must-- 12
(a) be in the approved form; and 13
(b) be accompanied by the application fee and the licence fee 14
prescribed under a regulation; and 15
(c) state the following information-- 16
(i) the applicant's name, address, occupation and date of birth; 17
(ii) the address of the premises at which, and the name or names 18
under which, the applicant proposes to operate a brothel; 19
(iii) whether the applicant proposes to operate the brothel in 20
partnership, or otherwise in association, with someone else 21
and if so, the person's name, address and occupation and, if 22
known to the applicant, the person's date of birth; 23
(iv) the name, address and occupation of the owner of the 24
premises at which the applicant proposes to operate the 25
brothel and, if known to the applicant, the owner's date of 26
birth; 27
(v) the names, addresses and occupations of all associates of the 28
applicant and, if known to the applicant, their dates of birth; 29
(vi) anything else prescribed under a regulation. 30
s 11 16 s 13
Prostitution
of application 1
Updating
11.(1) This section applies if, before a licence application is decided, the 2
applicant becomes aware of a change in the information given at any time 3
by the applicant for the application. 4
(2) The applicant must, within 10 days after becoming aware of the 5
change, give particulars of the change to the Authority by signed notice. 6
Maximum penalty for subsection (2)--60 penalty units. 7
of application 8
Withdrawal
12.(1) An applicant for a licence may withdraw his or her application at 9
any time before the licence is issued. 10
(2) If an application for a licence is withdrawn by the applicant or rejected 11
by the Authority, the Authority-- 12
(a) may, at its discretion, direct the refund of the whole or part of the 13
application fee; and 14
(b) must direct the refund of the licence fee. 15
to consent to identifying particulars being taken 16
Applicant
13.(1) The applicant must consent to having all or any of the applicant's 17
identifying particulars taken by the Authority or a member of the police 18
service. 19
(2) The Authority must refuse to consider an application for a licence if 20
the applicant refuses to allow the applicant's identifying particulars to be 21
taken. 22
(3) The Authority must refer any identifying particulars taken to the 23
commissioner and must not itself keep a copy of the particulars. 24
(4) Identifying particulars taken under this section may be used only to 25
decide whether an applicant should be granted a licence or to identify a 26
person to whom a licence has been granted and for no other purpose. 27
s 14 17 s 15
Prostitution
to be referred to commissioner 1
Application
14.(1) The Authority must give to the commissioner any particulars it 2
considers relevant for each application for a licence. 3
(2) On receiving particulars of the application, the commissioner-- 4
(a) must make inquiries about the applicant's criminal history; and 5
(b) must make any other inquiries about the application that the 6
commissioner considers appropriate; and 7
(c) by notice, may require the applicant to attend at a stated time and 8
place to provide all or any of the applicant's identifying 9
particulars. 10
(3) The commissioner must report to the Authority after receiving the 11
results of the inquiries. 12
(4) The commissioner's report may include recommendations. 13
(5) The commissioner's report must include reference to or disclosure of 14
convictions of the person mentioned in the Criminal Law (Rehabilitation of 15
Offenders) Act 1986, section 6.2 16
of application 17
Consideration
15.(1) The Authority must consider every application for a licence by a 18
person who is eligible to apply. 19
(2) In considering an application, the Authority may-- 20
(a) conduct the inquiries it considers appropriate; and 21
(b) by notice, require the applicant to give further information the 22
Authority considers relevant to the application within a stated 23
reasonable time, not less than 14 days after the notice is given; 24
and 25
(c) consider-- 26
2 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of
convictions upon expiration of rehabilitation period)
s 16 18 s 16
Prostitution
(i) whether any other licences or adult entertainment permits 1
have been granted in the locality in which the proposed 2
brothel is to be situated; and 3
(ii) the extent to which the character of the locality may be 4
affected if the application were granted; and 5
(d) seek advice and information on the application from any other 6
entity it considers appropriate. 7
(3) An applicant is taken to have withdrawn the application if the 8
applicant fails to give the further information required by the Authority 9
under subsection (2)(b) within the time stated in the notice. 10
(4) The Authority is not required to conduct a hearing to decide whether 11
to grant a licence or refuse to grant a licence. 12
authority must refuse application 13
When
16.(1) The Authority must refuse to grant a licence if the Authority is 14
satisfied that the applicant-- 15
(a) is not a suitable person to operate a licensed brothel; or 16
(b) has been convicted of an offence, the facts of which constitute the 17
running of a brothel; or 18
(c) has an interest in another licensed brothel; or 19
(d) holds a licence or a permit under the Liquor Act 1992. 20
(2) For subsection (1)(b), it does not matter whether the offence is 21
committed in Queensland or elsewhere. 22
(3) Also, the Authority must refuse to grant a licence if, after considering 23
the matters mentioned in section 15(2)(c), it considers that, if the application 24
were granted, the combined total of licensed brothels and premises 25
permitted to provide adult entertainment in the locality in which the brothel 26
is to be situated would substantially affect the character of the locality. 27
28
Example of character of locality being substantially affected--
29
Locality becoming a `red light district'.
s 17 19 s 17
Prostitution
of applicant 1
Suitability
17.(1) In deciding whether an applicant for a licence is a suitable person 2
to operate a licensed brothel, the Authority must consider all relevant 3
matters including the following-- 4
(a) the applicant's reputation, having regard to character, honesty and 5
integrity; 6
(b) whether the applicant has been convicted of an offence against this 7
Act or a corresponding law; 8
(c) whether the applicant has been convicted of an indictable offence; 9
(d) whether the applicant has been charged with any offence of a 10
sexual nature that involves violence, intimidation, threats or 11
children, including the circumstances surrounding the laying of 12
the charge and whether proceedings in relation to the charge are 13
continuing or have been discontinued; 14
(e) whether the applicant has, or is or will be able to obtain, financial 15
resources that are adequate to ensure the financial viability of the 16
brothel; 17
(f) whether the applicant will have in place arrangements to ensure 18
the safety of persons directly involved in providing prostitution 19
and that otherwise comply with the requirements of this Act; 20
(g) whether the business structure for the operation of the brothel is 21
sufficiently transparent to enable all associates of the applicant, 22
whether individuals or bodies corporate, to be readily identified; 23
(h) whether the applicant is an associate of a person who has been 24
convicted of a disqualifying offence or an indictable offence; 25
(i) whether the applicant is an associate of a body corporate, an 26
executive officer of which has been convicted of a disqualifying 27
offence or an indictable offence; 28
(j) whether the applicant is an associate of a person who holds a 29
licence or a permit under the Liquor Act 1992; 30
(k) any other matter prescribed under a regulation. 31
(2) For subsection (1)(d), it does not matter whether the offence is 32
alleged to have been committed in Queensland or elsewhere. 33
s 18 20 s 19
Prostitution
(3) The Authority must not decide that an applicant for a licence is not a 1
suitable person to operate a licensed brothel because the applicant has 2
worked as a prostitute. 3
or refusal of licence 4
Grant
18.(1) The Authority must consider an application for a licence and 5
either-- 6
(a) grant the licence, with or without conditions or restrictions; or 7
(b) refuse to grant the licence. 8
(2) If the Authority decides to grant the licence, the Authority must 9
promptly give the applicant the licence. 10
(3) However, the applicant may ask the Authority to postpone giving the 11
licence to the applicant until the happening of an event. 12
13
Examples of happening of an event--
14
1. Development permit for the brothel is issued.
15
2. Premises to be operated as a brothel are constructed.
(4) If the Authority is satisfied that it is reasonable in the circumstances to 16
postpone giving the licence to the applicant, the Authority must postpone 17
giving the licence for the period decided by the Authority. 18
(5) The Authority may extend the period of time it sets under 19
subsection (4). 20
(6) If the Authority decides to refuse to grant the licence, the Authority 21
must give the applicant a notice stating-- 22
(a) the decision; and 23
(b) subject to section 138,3 the reasons for the decision. 24
licence 25
The
19.(1) A licence authorises the holder of the licence to operate a brothel 26
only at the premises stated in the licence, subject to the Integrated Planning 27
Act 1997. 28
3 Section 138 (Application of Judicial Review Act)
s 20 21 s 21
Prostitution
(2) A licence may not authorise the holder to operate a brothel at more 1
than 1 premises. 2
(3) Any act of prostitution authorised under a licensee's licence may take 3
place only at the premises stated in the licence. 4
(4) A licence is granted for a term of 1 year unless it is sooner 5
surrendered, suspended or cancelled. 6
(5) A licence-- 7
(a) is personal to the licensee; and 8
(b) is not transferable to any other person; and 9
(c) does not vest by operation of law in any other person; and 10
(d) is subject to any conditions or restrictions set out in the licence or 11
prescribed under a regulation. 12
to notify changes in information given 13
Requirement
20.(1) This section applies if a licensee becomes aware of a change in the 14
information given at any time by the licensee for the application for the 15
licence. 16
(2) The licensee must, within 10 days after becoming aware of the 17
change, give particulars of the change to the Authority by signed notice. 18
19
Example of change--
20
Change in owner of premises.
Maximum penalty for subsection (2)--60 penalty units. 21
of licence conditions or restrictions 22
Amendment
21.(1) The Authority may at any time-- 23
(a) vary or revoke a condition or restriction to which a licence is 24
subject; or 25
(b) add a new condition or restriction to a licence. 26
(2) The Authority may act under subsection (1)-- 27
(a) on its own initiative; or 28
s 22 22 s 23
Prostitution
(b) on the application of the licensee; or 1
(c) on the application of a police officer. 2
(3) Subsection (1) does not apply to a condition or restriction prescribed 3
under a regulation. 4
(4) If a condition or restriction prescribed under a regulation is amended, 5
the Authority must promptly give each licensee affected by the amendment 6
notice of the amendment. 7
of licence 8
Endorsement
22.(1) This section applies if-- 9
(a) an existing condition or restriction to which a licence is subject is 10
varied or revoked; or 11
(b) a new condition or restriction is added to a licence. 12
(2) The Authority may require the licensee to produce the licence for 13
endorsement of the variation, revocation or addition. 14
(3) The licensee must comply with the requirement. 15
Maximum penalty for subsection (3)--10 penalty units. 16
of licence 17
Renewal
23.(1) A licensee may apply to the Authority for the renewal of the 18
licensee's licence at least 1 month before the licence ends. 19
(2) The application for renewal must-- 20
(a) be in the approved form; and 21
(b) be accompanied by the renewal fee prescribed under a regulation. 22
(3) Sections 10 to 12 and 14 to 18 apply, with necessary changes, to the 23
application for renewal of the licence as if it were an application for a 24
licence. 25
(4) The Authority must make a decision on an application for the renewal 26
of a licence within 1 month after the application is made. 27
s 24 23 s 27
Prostitution
Subdivision 2--Licence cancellation and disciplinary action 1
for sdiv 2 2
Definition
24. In this subdivision-- 3
"licensee" includes a person who has surrendered a licence and to whom 4
section 31(3) applies. 5
cancellation of licence 6
Automatic
25. A licence is automatically cancelled if the licensee-- 7
(a) is convicted of-- 8
(i) a disqualifying offence; or 9
(ii) an offence against the Criminal Code, chapter 22A4 (other 10
than section 229M); or 11
(iii) an offence of giving false or misleading information or 12
documents under this Act; or 13
(b) becomes an insolvent under administration. 14
disciplinary action 15
Investigating
26.(1) The Authority may conduct an inquiry ("disciplinary inquiry") 16
to decide whether there are grounds for taking disciplinary action against a 17
licensee. 18
(2) For subsection (1), the Authority may act on its own initiative, or on 19
the application of the commissioner or an authorised officer of a relevant 20
local government. 21
for disciplinary action 22
Grounds
27. The following are grounds for taking disciplinary action against a 23
licensee-- 24
4 Criminal Code, chapter 22A (Prostitution)
s 28 24 s 29
Prostitution
(a) the licensee has been charged with or convicted of an offence in 1
Queensland or elsewhere; 2
(b) a person who has an interest in the licensee's brothel-- 3
(i) has been charged with or convicted of an offence against this 4
Act or a corresponding law; or 5
(ii) has been charged with or convicted of an offence in 6
Queensland or elsewhere for which the penalty may be a 7
term of imprisonment; 8
(c) the provision of prostitution under the licensee's licence 9
contravenes a condition or restriction to which the licence or the 10
certificate of the approved manager of the brothel is subject; 11
(d) the licensed brothel is or has been managed in a way that makes it 12
desirable that action should be taken against the licensee. 13
disciplinary action 14
Starting
28.(1) This section applies if an application for a disciplinary inquiry is 15
made. 16
(2) The inquiry must not start within 30 days of when the application is 17
made unless-- 18
(a) the person who made the application or the licensee applies to the 19
Authority for the inquiry to be started within that time; and 20
(b) the Authority is satisfied that it is reasonable in the circumstances. 21
powers of Authority 22
Disciplinary
29.(1) The Authority's power under this section is in addition to any 23
other powers of the Authority under this Act. 24
(2) The Authority may, if satisfied there are grounds for taking 25
disciplinary action against a licensee, by notice given to the licensee, do 1 or 26
more of the following-- 27
(a) reprimand the licensee; 28
(b) add a condition or restriction to the licensee's licence; 29
s 30 25 s 30
Prostitution
(c) require the licensee to enter into an undertaking to perform, or not 1
to perform, particular tasks to be specified in the undertaking; 2
(d) require the licensee to comply with a requirement specified by the 3
Authority within or for a specified time; 4
(e) order the licensee to pay into the fund an amount that is not more 5
than the monetary value of 135 penalty units; 6
(f) suspend the licensee's licence for a specified period of not more 7
than 1 year; 8
(g) cancel the licensee's licence; 9
(h) order that the licensee be ineligible to apply for a licence or be an 10
approved manager either permanently or for a specified period. 11
(3) If the Authority orders the licensee to pay an amount into the fund-- 12
(a) it may order that the amount be paid by a specified date; and 13
(b) if the amount is not paid by a specified date, it may suspend the 14
licence until the amount is paid and set a final payment date; and 15
(c) if the amount has not been paid by the final date, it may cancel the 16
licensee's licence; and 17
(d) it may at any time extend the period of time it sets for the 18
payment of the amount. 19
(4) If the licensee does not pay the amount within the time allowed, the 20
registrar may recover the amount as a debt from the licensee. 21
(5) This section is subject to section 30. 22
powers limited for certain licensees 23
Disciplinary
30.(1) The only action the Authority may take solely on the ground that a 24
licensee has been charged with an offence is to suspend the licensee's 25
licence. 26
(2) The Authority must immediately remove the suspension if-- 27
(a) the charge is withdrawn; or 28
(b) the licensee is not convicted of the offence. 29
s 31 26 s 33
Prostitution
(3) The only action the Authority may take solely on the ground that a 1
person who has an interest in a licensee's brothel has been charged with an 2
offence is to do 1 or more of the things mentioned in section 29(2)(b), (c) or 3
(d). 4
(4) If a licensee has surrendered the licensee's licence, the only action the 5
Authority may take against the licensee is to make an order under 6
section 29(2)(h). 7
Subdivision 3--Other provisions about licences 8
of licence 9
Surrender
31.(1) A licensee may surrender the licensee's licence by signed notice 10
given to the Authority. 11
(2) The surrender of the licence takes effect on the day the notice of 12
surrender is given to the Authority or, if a later day of effect is stated in the 13
notice, the later day. 14
(3) However, if the Authority has decided to conduct a disciplinary 15
inquiry in relation to a licensee, the Authority may, subject to section 30(4), 16
exercise its disciplinary powers in relation to the licensee despite the 17
surrender of the licence. 18
suspended or cancelled licence must be returned 19
Surrendered,
32.(1) This section applies if a licensee surrenders the licensee's licence 20
or the Authority suspends or cancels a licensee's licence under this Act. 21
(2) The person to whom the licence was granted must return the licence 22
to the Authority within 7 days after the person surrenders the licence or 23
becomes aware of the suspension or cancellation. 24
Maximum penalty for subsection (2)--10 penalty units. 25
Authority can authorise approved manager to act as licensee 26
When
33.(1) This section applies if a licensee-- 27
(a) dies; or 28
s 34 27 s 34
Prostitution
(b) becomes incapable of discharging the duties of a licensee because 1
of physical or mental incapacity. 2
(2) An approved manager may apply to the Authority for authorisation to 3
act as licensee of the brothel specified in the licensee's licence. 4
(3) If the Authority is satisfied that subsection (1) applies to the licensee, 5
the Authority may-- 6
(a) authorise the approved manager to act as licensee for a specified 7
period, not more than 6 months; and 8
(b) if the licensee's licence would otherwise expire during the period 9
authorised under paragraph (a), extend the licence to the day the 10
period ends. 11
(4) The Authority may extend a period mentioned under subsection (3) if 12
it satisfied it is reasonable in the circumstances to do so. 13
(5) If the period for which the approved manager is authorised to act as 14
licensee extends beyond the day the licence would otherwise expire, the 15
licence fee prescribed under a regulation, worked out on a proportionate 16
basis, is payable for the period after the licence would otherwise expire. 17
(6) The Authority must endorse the licence to show that the approved 18
manager is acting as licensee for the period endorsed on the licence. 19
(7) The approved manager, while acting as licensee, is subject to the 20
obligations of a licensee under this Act. 21
(8) This section does limit a power to surrender, suspend or cancel a 22
licence. 23
Division 2--Approved managers 24
1--Application for certificate 25
Subdivision
is ineligible for a certificate 26
Who
34. A person is ineligible to apply for an approved manager's certificate 27
if the person-- 28
(a) is a corporation; or 29
s 35 28 s 35
Prostitution
(b) is a minor; or 1
(c) is an insolvent under administration; or 2
(d) holds a licence or permit under the Liquor Act 1992; or 3
(e) has been convicted of a disqualifying offence; or 4
(f) has had a licence or other authority under this Act or a 5
corresponding law to provide prostitution at a brothel cancelled in 6
the last 3 years; or 7
(g) has had a certificate or other authority under this Act or a 8
corresponding law to manage a brothel cancelled in the last 9
3 years; or 10
(h) is subject to an order of the Authority declaring the person to be 11
ineligible to apply for a certificate. 12
for certificate 13
Application
35.(1) A person who is eligible to apply for a certificate may apply to the 14
Authority for a certificate. 15
(2) The application must-- 16
(a) be in the approved form; and 17
(b) be accompanied by the application fee and the certificate fee 18
prescribed under a regulation; and 19
(c) state the following information-- 20
(i) the applicant's name, address, occupation and date of birth; 21
(ii) the address of any licensed brothel of which the applicant is 22
to be the approved manager; 23
(iii) the names, addresses and occupations of all associates of the 24
applicant and, if known to the applicant, their dates of birth; 25
(iv) anything else prescribed under a regulation. 26
s 36 29 s 38
Prostitution
of application 1
Updating
36.(1) This section applies if, before a certificate application is decided, 2
the applicant becomes aware of a change in the information given at any 3
time by the applicant for the application. 4
(2) The applicant must, within 10 days after becoming aware of the 5
change, give particulars of the change to the Authority by signed notice. 6
Maximum penalty for subsection (2)--60 penalty units. 7
of application 8
Withdrawal
37.(1) An applicant for a certificate may withdraw his or her application 9
at any time before the certificate is issued. 10
(2) If an application for a certificate is withdrawn by the applicant or 11
rejected by the Authority, the Authority-- 12
(a) may, at its discretion, direct the refund of the whole or part of the 13
application fee; and 14
(b) must direct the refund of the certificate fee. 15
to consent to identifying particulars being taken 16
Applicant
38.(1) The applicant must consent to having all or any of the applicant's 17
identifying particulars taken by the Authority or a member of the police 18
service. 19
(2) The Authority must refuse to consider an application for a certificate 20
if the applicant refuses to allow the applicant's identifying particulars to be 21
taken. 22
(3) The Authority must refer any identifying particulars taken to the 23
commissioner and must not itself keep a copy of the particulars. 24
(4) Identifying particulars taken under this section may be used only to 25
decide whether an applicant should be granted a certificate or to identify a 26
person to whom a certificate has been granted and for no other purpose. 27
s 39 30 s 40
Prostitution
to be referred to commissioner 1
Application
39.(1) The Authority must give to the commissioner any particulars it 2
considers relevant for each application for a certificate. 3
(2) On receiving particulars of the application, the commissioner-- 4
(a) must make inquiries about the applicant's criminal history; and 5
(b) must make any other inquiries about the application that the 6
commissioner considers appropriate; and 7
(c) by notice, may require the applicant to attend at a stated time and 8
place to provide all or any of the applicant's identifying 9
particulars. 10
(3) The commissioner must report to the Authority after receiving the 11
results of the inquiries. 12
(4) The commissioner's report may include recommendations. 13
(5) The commissioner's report must include reference to or disclosure of 14
convictions of the person mentioned in the Criminal Law (Rehabilitation of 15
Offenders) Act 1986, section 6.5 16
of application 17
Consideration
40.(1) The Authority must consider every application for a certificate by a 18
person who is eligible to apply. 19
(2) In considering an application, the Authority may-- 20
(a) conduct the inquiries it considers appropriate; and 21
(b) by notice, require the applicant to give further information the 22
Authority considers relevant to the application within a stated 23
reasonable time, not less than 14 days after the notice is given; 24
and 25
(c) seek advice and information on the application from any other 26
entity it considers appropriate. 27
5 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of
convictions upon expiration of rehabilitation period)
s 41 31 s 42
Prostitution
(3) An applicant is taken to have withdrawn the application if the 1
applicant fails to give the further information required by the Authority 2
under subsection (2)(b) within the time stated in the notice. 3
(4) The Authority is not required to conduct a hearing to decide whether 4
to grant a certificate or refuse to grant a certificate. 5
Authority must refuse application 6
When
41.(1) The Authority must refuse to grant a certificate if the Authority is 7
satisfied that the applicant-- 8
(a) is not a suitable person to be an approved manager of a licensed 9
brothel; or 10
(b) has been convicted of an offence, the facts of which constitute the 11
running of a brothel; or 12
(c) has an interest in another licensed brothel, otherwise than as an 13
approved manager of the brothel. 14
(2) For subsection (1)(b), it does not matter whether the offence is 15
committed in Queensland or elsewhere. 16
of applicant 17
Suitability
42.(1) In deciding whether an applicant for a certificate is a suitable 18
person to be an approved manager of a licensed brothel, the Authority must 19
consider all relevant matters including the following-- 20
(a) the applicant's reputation, having regard to character, honesty and 21
integrity; 22
(b) whether the applicant has been convicted of an offence against this 23
Act or a corresponding law; 24
(c) whether the applicant has been convicted of an indictable offence; 25
(d) whether the applicant is an associate of a person who has been 26
convicted of a disqualifying offence or an indictable offence; 27
(e) whether the applicant is an associate of a body corporate, an 28
executive officer of which has been convicted of a disqualifying 29
offence or an indictable offence; 30
s 43 32 s 43
Prostitution
(f) whether the applicant has been charged with any offence of a 1
sexual nature that involves violence, intimidation, threats or 2
children, including the circumstances surrounding the laying of 3
the charge and whether proceedings in relation to the charge are 4
continuing or have been discontinued; 5
(g) any other matter prescribed under a regulation. 6
(2) For subsection (1)(f), it does not matter whether the offence is alleged 7
to have been committed in Queensland or elsewhere. 8
(3) The Authority must not decide that an applicant for a certificate is not 9
a suitable person to be an approved manager of a licensed brothel only 10
because the applicant has worked as a prostitute. 11
or refusal of certificate 12
Grant
43.(1) The Authority must consider an application for a certificate and 13
either-- 14
(a) grant the certificate, with or without conditions or restrictions; or 15
(b) refuse to grant the certificate. 16
(2) If the Authority decides to grant the certificate, the Authority must 17
promptly give the applicant the certificate. 18
(3) However, the applicant may ask the Authority to postpone giving the 19
certificate to the applicant until the happening of an event. 20
21
Example of happening of an event--
22
1. Brothel commences operation.
(4) If the Authority is satisfied that it is reasonable in the circumstances to 23
postpone giving the certificate to the applicant, the Authority must postpone 24
giving the certificate for the period decided by the Authority. 25
(5) The Authority may extend the period of time it sets under 26
subsection (4). 27
(6) If the Authority decides to refuse to grant the certificate, the Authority 28
must give the applicant a notice stating-- 29
s 44 33 s 45
Prostitution
(a) the decision; and 1
(b) subject to section 138,6 the reasons for the decision. 2
certificate 3
The
44.(1) A certificate authorises the holder of the certificate to be an 4
approved manager of a licensed brothel at the premises stated in the 5
certificate. 6
(2) A certificate may authorise the holder to be an approved manager of 7
more than 1 licensed brothel. 8
(3) A certificate is for the term of 1 year unless it is sooner surrendered, 9
suspended or cancelled. 10
(4) A certificate-- 11
(a) is personal to the person approved as manager; and 12
(b) is not transferable to any other person; and 13
(c) does not vest by operation of law in any other person; and 14
(d) is subject to any conditions or restrictions set out in the certificate 15
or prescribed under a regulation. 16
to notify changes in information given 17
Requirement
45.(1) This section applies if an approved manager of a licensed brothel 18
or the brothel's licensee becomes aware of a change in the information 19
given at any time by the manager or the licensee for the application for a 20
certificate. 21
(2) The approved manager or the licensee must, within 10 days after 22
becoming aware of the change, give particulars of the change to the 23
Authority by signed notice. 24
25
Example of change--
26
Change in owner of premises.
Maximum penalty for subsection (2)--60 penalty units. 27
6 Section 138 (Application of Judicial Review Act)
s 46 34 s 48
Prostitution
of certificate 1
Variation
46.(1) An approved manager may at any time apply to the Authority to 2
vary the certificate by altering or adding to the premises stated in the 3
certificate for which the manager is approved. 4
(2) The application for variation must-- 5
(a) be in the approved form; and 6
(b) be accompanied by the variation fee prescribed under a regulation. 7
(3) Sections 35 to 37 and 39 to 43, with necessary changes, apply to the 8
application for variation of the certificate as if it were an application for a 9
certificate. 10
of certificate conditions or restrictions 11
Amendment
47.(1) The Authority may at any time-- 12
(a) vary or revoke a condition or restriction to which a certificate is 13
subject; or 14
(b) add a new condition or restriction to a certificate. 15
(2) The Authority may act under subsection (1)-- 16
(a) on its own initiative; or 17
(b) on the application of the approved manager; or 18
(c) on the application of a police officer. 19
(3) Subsection (1) does not apply to a condition or restriction prescribed 20
under a regulation. 21
(4) If a condition or restriction prescribed under a regulation is amended, 22
the Authority must promptly give each approved manager affected by the 23
amendment notice of the amendment. 24
of certificate 25
Endorsement
48.(1) This section applies if-- 26
(a) a certificate is varied; or 27
s 49 35 s 51
Prostitution
(b) an existing condition or restriction to which a certificate is subject 1
is varied or revoked; or 2
(c) a new condition or restriction is added to a certificate. 3
(2) The Authority may require the approved manager to produce the 4
certificate for endorsement of the variation, revocation or addition. 5
(3) The approved manager must comply with the requirement. 6
Maximum penalty for subsection (3)--10 penalty units. 7
of certificate 8
Renewal
49.(1) An approved manager may apply to the Authority for the renewal 9
of the manager's certificate at least 1 month before the certificate ends. 10
(2) The application for renewal must-- 11
(a) be in the approved form; and 12
(b) be accompanied by the renewal fee prescribed under a regulation. 13
(3) Sections 35 to 37 and 39 to 43 apply, with necessary changes, to the 14
application for renewal of the certificate as if it were an application for a 15
certificate. 16
(4) The Authority must make a decision on an application for the renewal 17
of a certificate within 1 month after the application is made. 18
Subdivision 2--Certificate cancellation and disciplinary action 19
for sdiv 2 20
Definition
50. In this subdivision-- 21
"approved manager" includes a person who has surrendered a certificate 22
and to whom section 57(3) applies. 23
cancellation of certificate 24
Automatic
51. A certificate is automatically cancelled if the approved manager-- 25
(a) is convicted of-- 26
s 52 36 s 54
Prostitution
(i) a disqualifying offence; or 1
(ii) an offence against the Criminal Code, chapter 22A,7 (other 2
than section 229M); or 3
(iii) an offence of giving false or misleading information or 4
documents under this Act; or 5
(b) becomes an insolvent under administration. 6
disciplinary action 7
Investigating
52.(1) The Authority may conduct an inquiry ("disciplinary inquiry") 8
to decide whether there are grounds for taking disciplinary action against an 9
approved manager. 10
(2) For subsection (1), the Authority may act on its own initiative, or on 11
the application of the commissioner or an authorised officer of a relevant 12
local government. 13
for disciplinary action 14
Grounds
53. The following are grounds for taking disciplinary action against an 15
approved manager-- 16
(a) the approved manager has been charged with or convicted of an 17
offence in Queensland or elsewhere; 18
(b) the provision of prostitution under the licence of the brothel that 19
the manager manages contravenes a condition or restriction to 20
which the licence or the manager's certificate is subject; 21
(c) the brothel that the manager manages is or has been managed in a 22
way that makes it desirable that action should be taken against the 23
approved manager. 24
disciplinary action 25
Starting
54.(1) This section applies if an application for a disciplinary inquiry is 26
made. 27
7 Criminal Code, chapter 22A (Prostitution)
s 55 37 s 55
Prostitution
(2) The inquiry must not start within 30 days of when the application is 1
made unless-- 2
(a) the person who made the application or the approved manager 3
applies to the Authority for the inquiry to be started within that 4
time; and 5
(b) the Authority is satisfied that it is reasonable in the circumstances. 6
powers of Authority 7
Disciplinary
55.(1) The Authority's power under this section is in addition to any 8
other powers of the Authority under this Act. 9
(2) The Authority may, if satisfied there are grounds for taking 10
disciplinary action against an approved manager, by notice given to the 11
manager, do 1 or more of the following-- 12
(a) reprimand the manager; 13
(b) add a condition or restriction to the manager's certificate; 14
(c) require the manager to enter into an undertaking to perform, or 15
not to perform, particular tasks to be specified in the undertaking; 16
(d) require the manager to comply with a requirement specified by 17
the Authority within or for a specified time; 18
(e) order the manager to pay into the fund an amount that is not more 19
than the monetary value of 135 penalty units; 20
(f) suspend the manager's certificate for a specified period of not 21
more than 1 year; 22
(g) cancel the manager's certificate; 23
(h) order that the manager be ineligible to apply for a certificate or be 24
a licensee either permanently or for a specified period. 25
(3) If the Authority orders the manager to pay an amount into the fund-- 26
(a) it may order that the amount be paid by a specified date; and 27
(b) if the amount is not paid by a specified date, it may suspend the 28
certificate until the amount is paid and set a final payment date; 29
and 30
s 56 38 s 57
Prostitution
(c) if the amount has not been paid by the final date, it may cancel the 1
manager's certificate; and 2
(d) it may at any time extend the period of time it sets for the 3
payment of the amount. 4
(4) If the manager does not pay the amount within the time allowed, the 5
Authority may recover the amount as a debt from the manager. 6
(5) This section is subject to section 56. 7
powers limited for certain approved managers 8
Disciplinary
56.(1) The only action the Authority may take solely on the ground that 9
an approved manager has been charged with an offence is to suspend the 10
manager's certificate. 11
(2) The Authority must immediately remove the suspension if-- 12
(a) the charge is withdrawn; or 13
(b) the manager is not convicted of the offence. 14
(3) If a manager has surrendered the manager's certificate, the only action 15
the Authority may take against the manager is to make an order under 16
section 55(2)(h). 17
Subdivision 3--Other provisions about certificates 18
of certificate 19
Surrender
57.(1) An approved manager may surrender the manager's certificate by 20
signed notice given to the Authority. 21
(2) The surrender of the certificate takes effect on the day the notice of 22
surrender is given to the Authority or, if a later day of effect is stated in the 23
notice, the later day. 24
(3) However, if the Authority has decided to conduct a disciplinary 25
inquiry in relation to a manager, the Authority may, subject to section 56(3), 26
exercise its disciplinary powers in relation to the manager despite the 27
surrender of the certificate. 28
s 58 39 s 60
Prostitution
suspended or cancelled certificate must be returned 1
Surrendered,
58.(1) This section applies if an approved manager surrenders the 2
manager's certificate or the Authority suspends or cancels the manager's 3
certificate under this Act. 4
(2) The person to whom the certificate was granted must return the 5
certificate to the Authority within 7 days after the person surrenders the 6
certificate or becomes aware of the suspension or cancellation. 7
Maximum penalty for subsection (2)--10 penalty units. 8
Division 3--Powers of entry 9
power to enter licensed brothel 10
Police
59.(1) A police officer of at least the rank of inspector, or a police officer 11
authorised by a police officer of at least the rank of inspector, may at any 12
time when premises used as a licensed brothel are open for business enter 13
the premises. 14
(2) If entry is made by a police officer who is not of at least the rank of 15
inspector-- 16
(a) the police officer must be specifically authorised in writing for the 17
particular entry; and 18
(b) the police officer must produce the authority to the licensee or 19
approved manager if the licensee or manager asks the officer to 20
do so. 21
after entry 22
Powers
60.(1) A police officer who enters premises under section 59 may inspect 23
the premises and, with the written authorisation of the Authority, do any of 24
the following-- 25
(a) inspect, photograph or copy anything required to be kept under 26
this Act; 27
(b) take possession of a document or thing, if the document or thing 28
is evidence of the commission of an offence against this Act; 29
s 61 40 s 62
Prostitution
(c) require the licensee or approved manager to produce stated 1
documents or things for inspection; 2
(d) require the licensee or approved manager to give the police officer 3
reasonable help. 4
(2) If a police officer takes possession of a document or thing under 5
subsection (1)(b), the Police Powers and Responsibilities Act 1997, part 12, 6
division 48 applies to the document or thing as if it were seized under that 7
Act. 8
to be given particulars after entry 9
Authority
61. As soon as practicable after a police officer enters a licensed brothel, 10
the police officer, or the police officer who authorised the entry, must give 11
the Authority any particulars in relation to the entry that are prescribed under 12
a regulation. 13
PART 4--DEVELOPMENT APPROVALS FOR 14
BROTHELS 15
for pt 4 16
Definitions
62. In this part-- 17
"assessment manager" has the meaning given by the Integrated Planning 18
Act 1997, section 3.1.7. 19
"development application" means an application for a development 20
approval under the Integrated Planning Act 1997. 21
"local government area" has the meaning given by the Local Government 22
Act 1994, section 3. 23
8 Police Powers and Responsibilities Act 1997, part 12 (Standard safeguards),
division 4 (Safeguards for things seized during searches)
s 63 41 s 64
Prostitution
of pt 4 1
Application
63. This part applies to a development application for a material change 2
of the use of premises for a licensed brothel. 3
assessment manager must refuse application 4
When
64.(1) The assessment manager must refuse the application if-- 5
(a) the land the subject of the application is in, or within 200 m of, a 6
primarily residential area or an area approved for residential 7
development or intended to be residential in character; or 8
(b) the land is within 200 m of a residential building, place of 9
worship, hospital, school, kindergarten, or any other facility or 10
place regularly frequented by children for recreational or cultural 11
activities; or 12
(c) for land in a town with a population of less than 25 000-- 13
(i) the local government for the local government area has 14
required that all applications within the area be refused; and 15
(ii) the Minister has agreed that the applications should be 16
refused; or 17
(d) more than 5 rooms in the proposed brothel are to be used for 18
providing prostitution. 19
(2) For subsection (1), distances are to be measured according to the 20
shortest route that reasonably may be used in travelling. 21
(3) In subsection (1)(b)-- 22
"residential building" means a building or part of a building used 23
primarily for private residential use. 24
s 65 42 s 67
Prostitution
ART 5--PROHIBITED BROTHELS 1
P
to Magistrates Court 2
Application
65. A police officer, the Authority or an authorised officer of the relevant 3
local government may apply to a Magistrates Court for an order declaring 4
that particular premises are a prohibited brothel. 5
that premises are a prohibited brothel 6
Declaration
66.(1) The court may declare premises to be a prohibited brothel if it is 7
satisfied, on the balance of probabilities-- 8
(a) that a person is operating a brothel without a licence at the 9
premises; or 10
(b) that the premises are being used for a brothel in contravention of 11
the Integrated Planning Act 1997. 12
(2) The court may make the declaration only if it is satisfied that, at least 13
72 hours before the hearing, notice of the application was given to the owner 14
or occupier of the premises that are the subject of the application. 15
(3) On the hearing of the application, the court may inform itself in any 16
way it considers appropriate and is not bound by rules or practice about 17
evidence. 18
(4) The court may make the declaration for an unlimited or for a specified 19
period. 20
of declaration 21
Publication
67.(1) As soon as possible after the making of the declaration, the 22
applicant for the declaration-- 23
(a) must publish, on 2 consecutive days, a notice of the making of the 24
declaration in a newspaper sold and generally circulating in the 25
locality in which the premises are situated; and 26
(b) must give a notice of the making of the declaration to-- 27
(i) the occupier of the premises; and 28
s 68 43 s 69
Prostitution
(ii) if the occupier is not the owner of the premises, the owner; 1
and 2
(iii) if the premises are subject to a registered mortgage, the 3
registered mortgagee; and 4
(c) must post up at or near to the entrance to the premises a copy of 5
the declaration so that it is visible and legible to any person 6
entering the premises. 7
(2) In a proceeding under this part, the production of papers purporting to 8
be a copy of a newspaper containing a notice published under subsection 9
(1)(a) is evidence that the notice was published in the newspaper on the date 10
appearing on the newspaper. 11
(3) The copy of the declaration mentioned in subsection (1)(c) must 12
comply with any requirements prescribed under a regulation. 13
in relation to posted up declaration 14
Offence
68.(1) A person must not interfere with a copy of a declaration posted up 15
on a prohibited brothel. 16
Maximum penalty--60 penalty units or 6 months imprisonment. 17
(2) In this section-- 18
"interfere with" means cover, remove, deface or destroy. 19
of being in or entering or leaving prohibited brothel 20
Offence
69.(1) A person must not be found in or entering or leaving a prohibited 21
brothel. 22
Maximum penalty--60 penalty units or 1 year's imprisonment. 23
(2) However, a person other than the owner or occupier of the premises 24
does not commit an offence if the person was in or entering or leaving the 25
premises for a lawful purpose. 26
(3) Also, the owner or occupier does not commit an offence if the owner 27
or occupier enters the premises under a court order. 28
s 70 44 s 72
Prostitution
if prohibited brothel used as brothel after declaration given 1
Offence
70. If a prohibited brothel is used as a brothel at any time after notice of 2
the making of the declaration is given under section 67(1)(b)(i) or (ii) and 3
while the declaration is in force, the occupier, and if the occupier is not the 4
owner of the premises, the owner each commit an offence. 5
Maximum penalty--200 penalty units or 3 years imprisonment. 6
of declaration 7
Rescission
71.(1) The following persons may apply to the court for an order 8
rescinding the declaration-- 9
(a) the owner, occupier, or a registered mortgagee of the premises 10
declared to be a prohibited brothel; 11
(b) a police officer; 12
(c) the Authority; 13
(d) an authorised officer of the relevant local government. 14
(2) The court may rescind the declaration on any terms it considers 15
appropriate, which may include the giving of security to ensure that the 16
premises are not again used for a brothel without a brothel licence. 17
(3) The court may rescind a declaration only if it is satisfied that, at least 18
72 hours before the hearing, notice of the application was given to each of 19
the following-- 20
(a) a police officer of at least the rank of inspector stationed within the 21
police district in which the declared premises are situated; 22
(b) the Authority; 23
(c) the relevant local government. 24
of notices in relation to prohibited brothels 25
Service
72.(1) For section 66(2), a notice is taken to be given to the owner or 26
occupier of premises if it is posted in a prepaid letter addressed to `the 27
owner' or `the occupier' without name or further description and bearing an 28
address or description of the premises that should ensure the delivery of the 29
letter at the premises at least 72 hours before the hearing. 30
s 73 45 s 73
Prostitution
(2) For section 67(1)(b), a notice is taken to be given to an occupier, 1
owner or mortgagee of premises if it is given personally to a person who is 2
authorised by the person to whom the notice is directed to accept delivery of 3
documents on the person's behalf, either generally or for the particular 4
delivery. 5
(3) This section does not limit the Acts Interpretation Act 1954, 6
section 39.9 7
PART 6--OFFENCES 8
1--General offences relating to prostitution 9
Division
soliciting for purposes of prostitution 10
Public
73.(1) A person must not publicly solicit for prostitution. 11
Maximum penalty-- 12
(a) for a first offence--15 penalty units; or 13
(b) for a second offence--25 penalty units; or 14
(c) for a third or subsequent offence--30 penalty units or 6 months 15
imprisonment. 16
(2) A person publicly solicits for prostitution if, for that purpose, the 17
person-- 18
(a) solicits a person who is in a public place; or 19
(b) solicits a person at a place within the view or hearing of a person 20
who is in a public place; or 21
(c) loiters in or near a public place; or 22
(d) loiters in a place that can be viewed from a public place. 23
(3) Subsection (1) applies equally to-- 24
9 Acts Interpretation Act 1954, section 39 (Service of documents)
s 74 46 s 76
Prostitution
(a) males and females; and 1
(b) prostitutes and their clients; and 2
(c) persons acting for prostitutes; and 3
(d) persons acting for clients of prostitutes. 4
(4) In this section-- 5
"solicit" includes the following-- 6
(a) offer to provide prostitution; 7
(b) accept an offer to provide prostitution. 8
to soliciting offences--persons in licensed brothels 9
Exception
74. A person does not commit an offence against section 73(1) if-- 10
(a) the soliciting happens in a licensed brothel; and 11
(b) the soliciting can not be viewed by a person outside the brothel. 12
to soliciting offences--police officers 13
Exception
75.(1) A police officer does not commit an offence against section 73(1) 14
if the soliciting is done under written instructions given in relation to a 15
particular operation by a police officer of at least the rank of inspector. 16
(2) However, a person other than a police officer commits an offence 17
against section 73(1) if the person publicly solicits the police officer. 18
connected with prostitution 19
Nuisances
76.(1) This section applies to conduct-- 20
(a) that happens in the vicinity of a place that is reasonably suspected 21
of being used for prostitution; and 22
(b) that, to a significant extent, is caused by the presence, or suspected 23
presence, of prostitution at the place. 24
(2) A person must not-- 25
(a) cause unreasonable annoyance to another person; or 26
s 77 47 s 78
Prostitution
(b) cause unreasonable disruption to the privacy of another person. 1
Maximum penalty for subsection (2)-- 2
(a) for a first or second offence--15 penalty units; or 3
(b) for a third or subsequent offence--25 penalty units. 4
5
Duress
77. A person must not do any of the following acts, either directly or 6
indirectly, to make another person continue to provide prostitution-- 7
(a) cause or threaten wilful injury to the person or any one else; 8
(b) cause or threaten wilful damage to property of the person or any 9
one else; 10
(c) intimidate or harass the person or any one else; 11
(d) make a false representation or use any false pretence or other 12
fraudulent means. 13
Maximum penalty--200 penalty units or 7 years imprisonment. 14
2--Offences relating to the operation of a licensed brothel 15
Division
offences 16
Brothel
78.(1) A person who is a licensee or an approved manager of a licensed 17
brothel must not-- 18
(a) provide prostitution under the licence at a place other than the 19
brothel; or 20
(b) have more than 10 staff at the brothel at any 1 time; or 21
(c) at any 1 time have more prostitutes at the brothel than the total 22
number of rooms that have been permitted to be used for 23
providing prostitution under the development permit for the 24
brothel; or 25
(d) provide prostitution at the brothel in contravention of any 26
condition or restriction of a licence or a certificate; or 27
s 79 48 s 80
Prostitution
(e) provide prostitution at the brothel while the licensee's licence is 1
suspended. 2
Maximum penalty--200 penalty units or 5 years imprisonment. 3
(2) In this section-- 4
"staff" means the licensee, the approved manager, a person employed at the 5
brothel, or a prostitute. 6
licensed brothel other than in a building 7
Operating
79.(1) A licensee must not operate a licensed brothel other than in a 8
building. 9
Maximum penalty--200 penalty units or 5 years imprisonment. 10
(2) In this section-- 11
"building" means a fixed structure that is wholly or partly enclosed by 12
walls and is roofed, and includes a floating building and any part of a 13
building. 14
supervision of licensed brothel 15
Personal
80.(1) A licensed brothel must at all times when open for business be 16
personally supervised by the licensee or an approved manager. 17
Maximum penalty--60 penalty units or 6 months imprisonment. 18
(2) For subsection (1), a licensee or approved manager who is not at the 19
brothel at a particular time is not personally supervising the brothel at that 20
time. 21
(3) If subsection (1) is contravened in relation to a brothel, the following 22
persons each commit an offence-- 23
(a) the licensee; 24
(b) any approved manager whose duty it was to personally supervise 25
the business at the relevant time. 26
s 81 49 s 84
Prostitution
not to operate brothel in partnership or in association with 1
Licensee
unlicensed person 2
81.(1) A licensee must not operate a licensed brothel in partnership with, 3
or otherwise in association with, a person who is not also licensed to operate 4
the brothel. 5
Maximum penalty--200 penalty units or 5 years imprisonment. 6
(2) For subsection (1), a person operates a brothel in association with 7
another person if the person directly receives income from the brothel. 8
not to have interest in more than 1 licensed brothel 9
Person
82. Subject to section 44(2), 10 a person must not have, at any 1 time, an 10
interest in more than 1 licensed brothel. 11
Maximum penalty--200 penalty units or 5 years imprisonment. 12
liquor in licensed brothel 13
Possessing
83.(1) A person must not possess liquor at a licensed brothel. 14
Maximum penalty--40 penalty units. 15
(2) If liquor is found at a brothel, the licensee and any approved manager 16
whose duty it was to personally supervise the brothel at the relevant time 17
each commit an offence. 18
Maximum penalty--40 penalty units. 19
(3) This section applies despite anything to the contrary in the Liquor Act 20
1992 or in any licence or permit granted or having effect under that Act. 21
with police requirement 22
Complying
84.(1) This section applies if a police officer enters a licensed brothel 23
under section 59.11 24
(2) A person must comply with a requirement made under 25
10 Section 44 (The certificate)
11 Section 59 (Police power to enter licensed brothel)
s 85 50 s 86
Prostitution
section 60(1)(c) or (d),12 unless the person has a reasonable excuse. 1
Maximum penalty--20 penalty units. 2
to state age 3
Person
85.(1) This section applies if a police officer reasonably believes that a 4
person in a licensed brothel may be a minor. 5
(2) The police officer may require the person to give particulars of the 6
person's age. 7
(3) If the police officer considers, on reasonable grounds, that any 8
particulars given by the person may be false, the police officer may require 9
the person to give satisfactory evidence of the correctness of the particulars. 10
(4) If the police officer makes a requirement under subsection (2) or (3), 11
the police officer must warn the person that it is an offence-- 12
(a) to fail, without reasonable excuse, to comply with the 13
requirement; or 14
(b) to give false particulars or evidence. 15
(5) The person must not, without reasonable excuse-- 16
(a) fail to comply with a requirement made under subsection (2) or 17
(3); or 18
(b) give false particulars of the person's age; or 19
(c) give false evidence about the person's age. 20
Maximum penalty for subsection (5)--20 penalty units. 21
and approved manager to state name and address 22
Licensee
86.(1) A police officer or the Authority may require a licensee or an 23
approved manager at a licensed brothel to give particulars of the licensee's 24
or manager's name and address. 25
(2) If a police officer or the Authority makes a requirement under 26
subsection (1), the police officer or the Authority must warn the licensee or 27
12 Section 60 (Powers after entry)
s 87 51 s 88
Prostitution
approved manager that it is an offence-- 1
(a) to fail, without reasonable excuse, to comply with the 2
requirement; or 3
(b) to give false particulars. 4
(3) The licensee or approved manager must not-- 5
(a) without reasonable excuse, fail to comply with the requirement; or 6
(b) give false particulars of the licensee's or manager's name; or 7
(c) give false particulars of the address of the licensee's or manager's 8
ordinary place of residence or business. 9
Maximum penalty for subsection (3)--20 penalty units. 10
of licence 11
Display
87.(1) A licensee must keep the licensee's licence for a brothel displayed 12
in a conspicuous place inside the front entrance to the brothel. 13
Maximum penalty--100 penalty units. 14
(2) A licensee must not display at the brothel a document falsely 15
purporting to be a licence. 16
Maximum penalty--100 penalty units. 17
of licence or certificate 18
Production
88. A licensee or approved manager must not, without reasonable 19
excuse, fail to produce his or her licence or certificate to a police officer or 20
the Authority if the police officer or Authority asks the licensee or approved 21
manager to do so. 22
Maximum penalty--10 penalty units. 23
s 89 52 s 90
Prostitution
3--Offences relating to prostitutes working in licensed brothels 1
Division
prostitute infective with a disease to work in a licensed 2
Permitting
brothel 3
89.(1) A person who is a licensee or an approved manager of a licensed 4
brothel must not permit a person to work as a prostitute at the brothel during 5
any period in which the person knows the prostitute is infective with a 6
sexually transmissible disease. 7
Maximum penalty--120 penalty units. 8
(2) For subsection (1), it does not matter whether the prostitute works 9
under a contract of service or a contract for service. 10
(3) For subsection (1), the licensee or manager is taken to have known 11
that the prostitute was infective with a sexually transmissible disease, unless 12
the licensee or manager proves that, at the time the offence is alleged to have 13
been committed, the licensee or manager believed on reasonable grounds 14
that the prostitute-- 15
(a) had been medically examined or tested at intervals prescribed 16
under a regulation to ascertain whether the prostitute was infective 17
with a sexually transmissible disease; and 18
(b) was not infective with a sexually transmissible disease. 19
(4) A person who is a licensee or an approved manager of a licensed 20
brothel must take reasonable steps to prevent the fact that a prostitute has 21
been medically examined or tested, or the results of the examination or test, 22
from being used to induce a client of the prostitute to believe that the 23
prostitute is not infective with a sexually transmissible disease. 24
Maximum penalty--40 penalty units. 25
(5) For subsection (4), it does not matter whether the prostitute is or is 26
not infective with a sexually transmissible disease. 27
working while infective with a disease 28
Prostitute
90.(1) A person must not work as a prostitute at a licensed brothel during 29
any period in which the person knows he or she is infective with a sexually 30
transmissible disease. 31
s 91 53 s 91
Prostitution
Maximum penalty--100 penalty units. 1
(2) For subsection (1), it does not matter whether the prostitute works 2
under a contract of service or a contract for service. 3
(3) For subsection (1), the prostitute is taken to have known that he or 4
she was infective with a sexually transmissible disease, unless the prostitute 5
proves that, at the time the offence is alleged to have been committed, he or 6
she-- 7
(a) had been medically examined or tested at intervals prescribed 8
under a regulation to ascertain whether he or she was infective 9
with a sexually transmissible disease; and 10
(b) believed on reasonable grounds that he or she was not infective 11
with a sexually transmissible disease. 12
(4) A prostitute must not, for the purpose of prostitution, use the fact that 13
the prostitute has been medically examined or tested, or the results of the 14
examination or test, to induce a client of the prostitute to believe that the 15
prostitute is not infective with a sexually transmissible disease. 16
Maximum penalty--40 penalty units. 17
(5) For subsection (4), it does not matter whether the prostitute is or is 18
not infective with a sexually transmissible disease. 19
providing sexual intercourse or oral sex without a 20
Prostitute
prophylactic 21
91.(1) A prostitute must not, at a licensed brothel, provide prostitution 22
involving sexual intercourse or oral sex unless a prophylactic is used. 23
Maximum penalty--100 penalty units. 24
(2) A person must not, at a licensed brothel, obtain prostitution involving 25
sexual intercourse or oral sex unless a prophylactic is used. 26
Maximum penalty--100 penalty units. 27
(3) A person obtaining prostitution involving sexual intercourse or oral 28
sex at a licensed brothel must not-- 29
(a) interfere with the efficacy of a prophylactic used by the person; or 30
s 92 54 s 92
Prostitution
(b) use, or continue to use, a prophylactic that the person knows, or 1
could reasonably be expected to know, is damaged. 2
Maximum penalty--100 penalty units. 3
(4) A person who is a licensee or an approved manager of a licensed 4
brothel must take reasonable steps to ensure that a person does not provide 5
or obtain prostitution involving sexual intercourse or oral sex at the brothel 6
unless a prophylactic is used. 7
Maximum penalty--120 penalty units. 8
(5) A person who is a licensee or an approved manager of a licensed 9
brothel must not discourage the use of prophylactics at the brothel. 10
Maximum penalty--120 penalty units. 11
(6) In this section-- 12
"interfere with" includes the following-- 13
(a) misuse; 14
(b) damage. 15
"oral sex" has the meaning given by the Criminal Code, section 229E(5).13 16
"prophylactic" means a condom or other device that is adequate to prevent 17
the transmission of a sexually transmissible disease. 18
"sexual intercourse" has the meaning given by the Criminal Code, 19
section 229D.14 20
Division 4--Advertising offences 21
for div 4 22
Definitions
92. In this division-- 23
"advertisement" includes the following-- 24
(a) notice; 25
13 Criminal Code, section 229E (Meaning of "prostitution")
14 Criminal Code, section 229D (Meaning of "sexual act")
s 93 55 s 96
Prostitution
(b) sign; 1
(c) circular; 2
(d) matter that is not in writing, but which conveys a message 3
because of the form or context in which it appears. 4
"publish" an advertisement or statement means publish, or cause to be 5
published, in any way including by newspaper, periodical, notice, sign 6
or circular or through radio or television or by film or video recording. 7
prostitution 8
Advertising
93. A person must not publish an advertisement for prostitution that 9
describes the services offered. 10
Maximum penalty--40 penalty units. 11
inducing persons to become prostitutes 12
Statements
94. A person must not publish a statement intended or likely to induce a 13
person to seek employment as a prostitute. 14
Maximum penalty--100 penalty units. 15
prostitution as massage services 16
Advertising
95.(1) A person providing prostitution must not hold out or publish an 17
advertisement that states, directly or indirectly, that the person's business 18
provides or is connected with massage services. 19
Maximum penalty--40 penalty units. 20
(2) In this section-- 21
"business" of a person means the business of a licensed brothel or of an 22
individual prostitute. 23
provision 24
Evidentiary
96. Evidence that an advertisement or statement has been published in 25
relation to a licensed brothel is evidence that the brothel's licensee published 26
the advertisement or statement. 27
s 97 56 s 99
Prostitution
5--Other offences 1
Division
or misleading statements 2
False
97. A person must not, in connection with this Act, state anything to the 3
Authority that the person knows is false or misleading in a material 4
particular. 5
Maximum penalty--100 penalty units. 6
or misleading documents 7
False
98.(1) A person must not, in connection with this Act, give to the 8
Authority a document containing information the person knows is false or 9
misleading in a material particular. 10
Maximum penalty--100 penalty units. 11
(2) Subsection (1) does not apply to a person if the person, when giving 12
the document-- 13
(a) tells the Authority, to the best of the person's ability, how it is 14
false or misleading; and 15
(b) if the person has, or can reasonably obtain, the correct 16
information--gives the correct information. 17
by bodies corporate 18
Offences
99.(1) This section applies if a body corporate commits an offence 19
against a provision of this Act. 20
(2) Each executive officer of the body corporate also commits the 21
offence. 22
Maximum penalty--the maximum penalty for the contravention of the 23
provision by an individual. 24
(3) Evidence that a body corporate has been convicted of an offence 25
against a provision of this Act is evidence that each executive officer of the 26
body corporate committed the offence. 27
(4) However, it is a defence for an executive officer to prove-- 28
s 100 57 s 101
Prostitution
(a) that the offence was committed without the officer's knowledge; 1
and 2
(b) the officer used all due diligence to prevent the offence being 3
committed. 4
ART 7--ADMINISTRATION 5
P
1--Prostitution Licensing Authority 6
Division
of Authority 7
Establishment
100. The Prostitution Licensing Authority is established. 8
of Authority 9
Functions
101. The Authority has the following functions-- 10
(a) to decide licence applications; 11
(b) to decide approved manager applications; 12
(c) to monitor the provision of prostitution through licensed brothels; 13
(d) to conduct disciplinary inquiries in relation to licensees and 14
approved managers; 15
(e) to discipline licensees and approved managers; 16
(f) to receive complaints about prostitution; 17
(g) to liaise with the police service with a view to helping the service 18
in carrying out its functions in relation to prostitution; 19
(h) to collect fees under this Act; 20
(i) to inform relevant government departments and agencies about 21
possible offences that are detected while carrying out its functions; 22
(j) to inform the Council about issues and trends relevant to its 23
functions. 24
s 102 58 s 105
Prostitution
1
Membership
102.(1) The Authority consists of the following 6 members-- 2
(a) the chairperson who is to be an independent, respected member of 3
the community nominated by the Premier; 4
(b) the commissioner, or a police officer of at least the rank of 5
superintendent nominated by the commissioner; 6
(c) the crime commissioner, an assistant crime commissioner or 7
general counsel nominated by the crime commissioner; 8
(d) a doctor who has at least 5 years' experience in community 9
health; 10
(e) a lawyer who has been admitted for at least 5 years and has 11
knowledge of or experience in administrative law, company law 12
or criminal law; 13
(f) a senior representative of the Local Government Association of 14
Queensland. 15
(2) Members of the Authority are to be appointed by the Governor in 16
Council. 17
(3) Members of the Authority are to be appointed under this Act and not 18
under the Public Service Act 1996. 19
of appointment 20
Term
103. A member of the Authority holds office for the term, not longer 21
than 5 years, and on the conditions stated in the member's instrument of 22
appointment. 23
24
Remuneration
104. Members of the Authority are to be paid the fees and allowances 25
decided by the Governor in Council. 26
for appointment 27
Disqualifications
105. A person is not qualified to be or continue as a member of the 28
Authority if the person-- 29
s 106 59 s 107
Prostitution
(a) is an insolvent under administration; or 1
(b) is convicted of-- 2
(i) an offence against this Act or a corresponding law; or 3
(ii) an indictable offence; or 4
(c) becomes incapable of discharging the duties of a member because 5
of physical or mental incapacity; or 6
(d) has an interest in a brothel. 7
of office 8
Vacation
106.(1) The office of a member of the Authority becomes vacant if the 9
member-- 10
(a) dies; or 11
(b) resigns office by signed notice given to the Minister; or 12
(c) is absent without the Authority's permission from 3 consecutive 13
meetings of the Authority of which proper notice has been given; 14
or 15
(d) is no longer qualified to be a member. 16
(2) In this section-- 17
"meeting" means the following-- 18
(a) if the member does not attend--a meeting with a quorum present; 19
(b) if the member attends--a meeting with or without a quorum 20
present. 21
22
Meetings
107.(1) Meetings of the Authority are to be held at the times and places 23
the chairperson decides. 24
(2) The quorum at a meeting of the Authority is half the number of 25
members plus 1. 26
(3) Subject to this Act, the Authority may conduct its business, including 27
its meetings, in the way it considers appropriate. 28
s 108 60 s 108
Prostitution
interest in a matter to be considered by Authority 1
Member's
108.(1) This section applies if a member of the Authority has a direct or 2
indirect interest in a matter being considered, or about to be considered, by 3
the Authority. 4
(2) The member must disclose the nature of the interest to a meeting of 5
the Authority as soon as practicable after the relevant facts come to the 6
member's knowledge. 7
Maximum penalty--100 penalty units. 8
(3) The disclosure must be recorded in the minutes of the meeting of the 9
Authority. 10
(4) If the interest is a material personal interest, the member must not-- 11
(a) vote on the matter; or 12
(b) vote on a proposed resolution (a "related resolution") under 13
subsection (5)(a) about the matter (whether in relation to the 14
member or another member); or 15
(c) be present while the matter, or a related resolution, is being 16
considered by the Authority; or 17
(d) otherwise take part in any decision of the Authority in relation to 18
the matter or a related resolution. 19
Maximum penalty--100 penalty units. 20
(5) Subject to subsection (4)(b), subsection (4) does not apply to the 21
matter if-- 22
(a) the Authority has at any time passed a resolution that states-- 23
(i) the member, interest and matter; and 24
(ii) that the members voting for the resolution are satisfied that 25
the interest should not disqualify the member from 26
considering or voting on the matter; or 27
(b) if a quorum of the Authority can not be formed because of 28
subsection (4)--the Minister has given a written direction to that 29
effect for the matter. 30
s 109 61 s 111
Prostitution
(6) In this section-- 1
"material personal interest" means a direct or indirect interest relating to 2
the personal affairs of the member that may have, or be seen to have, a 3
significant influence on the conduct of the member at the meeting. 4
report 5
Annual
109. The Authority must, as soon as practicable after the end of each 6
year, but within 4 months after the end of the year, prepare and give to the 7
Minister a report on its operations during the year. 8
9
Registrar
110.(1) A registrar of the Authority, and any other staff necessary to 10
enable the Authority to exercise its functions, may be employed under the 11
Public Service Act 1996. 12
(2) The registrar is subject to the Authority's directions. 13
and certificate register 14
Licence
111.(1) The registrar must enter in a register kept for the purpose full 15
particulars of the following-- 16
(a) the granting, renewal, surrender, suspension or cancellation of a 17
licence; 18
(b) the address of the premises at which the holder of a licence may 19
operate the brothel under the licence; 20
(c) the granting, renewal, surrender, suspension or cancellation of a 21
certificate; 22
(d) the addresses of the licensed brothels for which the holder of a 23
certificate is authorised to be an approved manager; 24
(e) all entries into licensed brothels by police officers. 25
(2) The register may be inspected, and a copy of an entry in it obtained, at 26
the registrar's office during office hours-- 27
s 112 62 s 112
Prostitution
(a) free of charge, by the police service, an agency of government 1
prescribed under a regulation or an authorised officer of a relevant 2
local government; or 3
(b) on payment of the fee prescribed under a regulation, by any other 4
person. 5
(3) The registrar may, if the registrar decides that a correction is 6
necessary, correct an error or omission in the register by inserting, 7
amending or omitting an entry. 8
(4) The registrar-- 9
(a) must make a correction on the direction of the Authority; or 10
(b) may make a correction on the registrar's own initiative, or on the 11
application of any person. 12
(5) If the registrar makes a correction, the registrar must record in the 13
register the date on which it was made. 14
(6) The register may be kept in any way the registrar considers 15
appropriate, subject to the Authority's directions. 16
2--Prostitution Advisory Council 17
Division
for div 2 18
Definition
112. In this division-- 19
"ministerial committee" means a committee of the Ministers 20
administering the following Acts-- 21
· this Act 22
· Family Services Act 1987 23
· Health Act 1932 24
· Liquor Act 1992. 25
s 113 63 s 114
Prostitution
of Council 1
Establishment
113.(1) The Prostitution Advisory Council is established. 2
(2) The Council is to report to the ministerial committee. 3
of Council 4
Functions
114.(1) The Council has the following functions-- 5
(a) to advise the ministerial committee on issues related to the 6
regulation of prostitution in Queensland; 7
(b) to monitor generally the operation of this Act; 8
(c) to liaise with the Authority, the police service and other agencies 9
prescribed under a regulation with a view to helping them in 10
carrying out their functions in relation to prostitution; 11
(d) to refer matters it considers appropriate for investigation to an 12
agency of government or any other entity for investigation; 13
(e) to promote and coordinate programs that-- 14
(i) promote sexual health care; or 15
(ii) help prostitutes to leave prostitution; or 16
(iii) divert minors and other vulnerable persons from 17
prostitution, especially opportunistic prostitution; or 18
(iv) raise awareness in prostitutes, judicial officers, police, 19
community workers and the community about issues 20
relating to prostitution; 21
(f) to promote the dissemination of information about-- 22
(i) the dangers inherent in prostitution; and 23
(ii) security measures to improve the personal safety of 24
prostitutes; 25
(g) to coordinate the development of codes of practice for licensed 26
brothels, if appropriate. 27
(2) In carrying out the functions mentioned in subsection (1)(b), (c), (e) 28
and (f), the Council is subject to the directions of the ministerial committee. 29
s 115 64 s 117
Prostitution
1
Membership
115. The Council consists of the number of members appointed by the 2
Governor in Council on the recommendation of the ministerial committee, 3
1 of whom is to be appointed as chairperson. 4
(2) The members of the Council must include-- 5
(a) a person who represents prostitutes in Queensland; and 6
(b) a person who has experience as a sexual health care doctor or 7
social worker with prostitutes; and 8
(c) a person who has knowledge of relevant issues for marginalised 9
or disadvantaged young people; and 10
(d) a person who is representative of religious or community 11
interests. 12
(3) In recommending persons for appointment, the ministerial committee 13
must have regard to the desirability of ensuring the Council consists of both 14
women and men. 15
(4) Members of the Council are to be appointed under this Act and not 16
under the Public Service Act 1996. 17
of appointment 18
Term
116. A member of the Council holds office for the term, not longer than 19
5 years, and on the conditions stated in the member's instrument of 20
appointment. 21
for appointment 22
Disqualifications
117.(1) A person is not qualified to be a member of the Council if the 23
person-- 24
(a) is an insolvent under administration; or 25
(b) is convicted of an offence against this Act or a corresponding law. 26
(2) A person is not qualified to continue as a member of the Council if 27
the person-- 28
(a) is an insolvent under administration; or 29
s 118 65 s 120
Prostitution
(b) is convicted of-- 1
(i) an offence against this Act or a corresponding law; or 2
(ii) an indictable offence; or 3
(c) becomes incapable of discharging the duties of a member because 4
of physical or mental incapacity. 5
of office 6
Vacation
118.(1) The office of a member of the Council becomes vacant if the 7
member-- 8
(a) dies; or 9
(b) resigns office by signed notice given to the ministerial committee; 10
or 11
(c) is absent without the Council's permission from 3 consecutive 12
meetings of the Council of which proper notice has been given; or 13
(d) is no longer qualified to be a member. 14
(2) In this section-- 15
"meeting" means the following-- 16
(a) if the member does not attend--a meeting with a quorum present; 17
(b) if the member attends--a meeting with or without a quorum 18
present. 19
20
Remuneration
119. Members of the Council are to be paid the fees and allowances 21
decided by the Governor in Council. 22
23
Meetings
120.(1) Meetings of the Council are to be held at the times and places the 24
chairperson decides. 25
(2) The quorum at a meeting of the Council is half the number of 26
members plus 1. 27
s 121 66 s 125
Prostitution
(3) Subject to this Act, the Council may conduct its business, including 1
its meetings, in the way it considers appropriate. 2
may ask Authority for information 3
Council
121. The Council may ask the Authority for information about issues and 4
trends relevant to prostitution. 5
report 6
Annual
122. The Council must, as soon as practicable after the end of each year, 7
but within 4 months after the end of the year, prepare and give to the 8
ministerial committee a report on its operations during the year. 9
Division 3--Prostitution Licensing Authority Fund 10
of fund 11
Establishment
123. The Prostitution Licensing Authority Fund is established. 12
ayments into fund 13
P
124.(1) The fund consists of the following-- 14
(a) fees paid under this Act; 15
(b) amounts payable under section 29(2)(e) or 55(2)(e);15 16
(c) other amounts received by the Authority under this Act. 17
(2) If the Authority receives an amount mentioned in subsection (1), the 18
Authority must pay the amount into the fund. 19
ayments out of fund 20
P
125.(1) The Authority may pay out of the fund-- 21
15 Section 29 (Disciplinary powers of Authority) or 55 (Disciplinary powers of
Authority)
s 126 67 s 128
Prostitution
(a) refunds of fees under this Act; and 1
(b) costs and expenses incurred in the administration of this Act; and 2
(c) contributions to philanthropic causes. 3
(2) This section is subject to section 126. 4
by Minister 5
Directions
126. The Minister may give the Authority written directions about-- 6
(a) the purposes for which the Authority may pay amounts out of the 7
fund in exercising its functions under this Act; and 8
(b) the extent to which the Authority may pay an amount for any 9
particular purpose. 10
ART 8--GENERAL 11
P
1--Proceedings for offences 12
Division
and summary offences 13
Indictable
127.(1) An offence against section 77, 78(1), 79(1), 81(1) or 8216 is an 14
indictable offence. 15
(2) Any other offence against this Act is a summary offence. 16
for indictable offences 17
Proceedings
128.(1) A proceeding for an indictable offence against this Act may be 18
taken, at the election of the defendant-- 19
16 Section 77 (Duress), 78 (Brothel offences), 79 (Operating licensed brothel other
than in a building), 81 (Licensing not to operate brothel in partnership or in
association with unlicensed person) or 82 (Person not to have interest in more
that 1 licensed brothel)
s 129 68 s 129
Prostitution
(a) by way of summary proceedings under the Justices Act 1886; or 1
(b) on indictment. 2
(2) A magistrate must not hear an indictable offence summarily if the 3
magistrate considers that the charge should be prosecuted on indictment. 4
(3) If subsection (2) applies-- 5
(a) the magistrate must proceed by way of an examination of 6
witnesses for an indictable offence; and 7
(b) a plea of the person charged at the start of the proceeding must be 8
disregarded; and 9
(c) evidence brought in the proceeding before the magistrate decided 10
to act under subsection (2) is taken to be evidence in the 11
proceeding for the committal of the person for trial or sentence; 12
and 13
(d) before committing the person for trial or sentence, the magistrate 14
must make a statement to the person as required by the Justices 15
Act 1886, section 104(2)(b).17 16
(4) The maximum penalty that may be summarily imposed for an 17
indictable offence is 200 penalty units or 3 years imprisonment. 18
on who may summarily hear indictable offence proceedings 19
Limitation
129.(1) A proceeding for an offence against this Act must be before a 20
magistrate if it is a proceeding-- 21
(a) for the summary conviction of a person on a charge for an 22
indictable offence; or 23
(b) for an examination of witnesses for a charge for an indictable 24
offence. 25
(2) If a proceeding for an indictable offence is brought before a justice 26
who is not a magistrate, jurisdiction is limited to taking or making a 27
procedural action or order within the meaning of the Justices of the Peace 28
and Commissioners for Declarations Act 1991. 29
17 Justices Act 1886, section 104 (Proceedings upon examination of witnesses in
relation to an indictable offence)
s 130 69 s 132
Prostitution
on time for starting summary proceedings 1
Limitation
130. A proceeding or an offence against this Act by way of summary 2
proceeding under the Justices Act 1886 must be started within-- 3
(a) 1 year after the offence is committed; or 4
(b) 1 year after the offence comes to the complainant's knowledge, 5
but within 2 years after the offence is committed. 6
about false or misleading information or documents 7
Offences
131. For an offence against section 97 or 98,18 it is enough to allege and 8
prove that the information or document was `false or misleading' without 9
specifying which. 10
provision 11
Evidentiary
132.(1) This section applies to a proceeding under this Act. 12
(2) The appointment or power of the Minister, the commissioner, a 13
member of the Authority or an authorised officer of a relevant local 14
government must be presumed unless a party, by reasonable notice, 15
requires proof of-- 16
(a) the person's appointment; or 17
(b) the person's power to do anything under this Act. 18
(3) A signature purporting to be a signature of the Minister, the 19
commissioner, a member of the Authority or an authorised officer of a 20
relevant local government is evidence of the signature it purports to be. 21
(4) A statement by the prosecutor or the informant stating any of the 22
following matters is evidence of the matter-- 23
(a) a person's address, telephone number or post office box number; 24
(b) a person's age at the time of an offence. 25
(5) A certificate purporting to be signed by the registrar and stating any of 26
the following matters is evidence of the matter-- 27
18 Section 97 (False or misleading statements) or 98 (False or misleading
documents)
s 133 70 s 133
Prostitution
(a) that a specified document is a licence or copy of a licence, or a 1
certificate or a copy of a certificate, granted under this Act; 2
(b) that on a specified day, or during a specified period, a person was 3
or was not a licensee or an approved manager of a specified 4
brothel; 5
(c) that a licence or certificate-- 6
(i) was or was not issued for a specified term; or 7
(ii) was or was not in force on a specified day or during a 8
specified period; 9
(d) that a document is a copy of a record kept under this Act. 10
2--Other matters 11
Division
of information 12
Disclosure
133.(1) An official must not disclose information obtained by the official 13
in the administration of this Act. 14
Maximum penalty--100 penalty units. 15
(2) Subsection (1) does not apply to a disclosure of information-- 16
(a) with the consent of the person from whom the information was 17
obtained; or 18
(b) in the administration of this Act; or 19
(c) to the commissioner; or 20
(d) with the approval of the Authority, to a person administering a 21
corresponding law; or 22
(e) in a proceeding under this Act or a report of the proceeding; or 23
(f) in a proceeding before a court in which the information is relevant 24
to the issue before the court; or 25
(g) if the information would normally be made available to any 26
member of the public on request. 27
(3) In this section-- 28
s 134 71 s 135
Prostitution
"official" means-- 1
(a) the commissioner; or 2
(b) a member, or an officer or employee, of the Authority; or 3
(c) a member of the Council; or 4
(d) the registrar; or 5
(e) an authorised officer of a relevant local government. 6
from liability 7
Protection
134.(1) An official is not civilly liable for an act done, or omission made, 8
honestly and without negligence under this Act. 9
(2) If subsection (1) prevents a civil liability attaching to an official, the 10
liability attaches instead to the State. 11
(3) In this section-- 12
"official" means-- 13
(a) the Minister; or 14
(b) the commissioner; or 15
(c) a member of the Authority; or 16
(d) a member of the Council; or 17
(e) the registrar; or 18
(f) any other person performing a function under this Act. 19
of health service providers 20
Noncompellability
135.(1) A health service provider is entitled to refuse to give any 21
document or information, or answer any question, in relation to an 22
investigation of, or prosecution for, an offence against this Act on the 23
ground that it would disclose information gained in providing a health 24
service. 25
(2) In this section-- 26
s 136 72 s 138
Prostitution
"health service" means-- 1
(a) a service genuinely provided to a person for the benefit of human 2
health; or 3
(b) a service specified in the Health Rights Commission Act 1991, 4
schedule 1, part 1.19 5
"health service provider" means-- 6
(a) a registered provider under the Health Rights Commission Act 7
1991; or 8
(b) another person who provides a health service; or 9
(c) an employee of a person mentioned in paragraph (a) or (b). 10
of identifying particulars etc. 11
Destruction
136.(1) The commissioner must ensure that any identifying particulars 12
obtained by the Authority or a member of the police service under this Act 13
and referred to the commissioner, and any record, copy or photograph of 14
them, are destroyed as soon as the commissioner has no further use for 15
them. 16
(2) The commissioner is taken to have no further use for identifying 17
particulars obtained in connection with an application for a licence or a 18
certificate when the application is refused. 19
of Freedom of Information Act 20
Application
137. The Freedom of Information Act 1992 does not apply to a document 21
given to or produced by the Authority for this Act. 22
of Judicial Review Act 23
Application
138.(1) The Judicial Review Act 1991, part 4 20 does not apply to a 24
decision of the Authority if the Supreme Court makes an order to that effect. 25
19 Health Rights Commission Act 1991, schedule 1, part 1 (Declared health services)
20 Judicial Review Act 1991, part 4 (Reasons for decision)
s 139 73 s 140
Prostitution
(2) The Authority may apply to the court for an order mentioned in 1
subsection (1) on any of the following grounds-- 2
(a) the disclosure of reasons for the decision may endanger the life or 3
well being of someone; 4
(b) the disclosure of reasons may reveal the identity of an informant; 5
(c) the disclosure of reasons may prejudice the investigation or 6
prosecution of persons for an offence against this Act; 7
(d) the disclosure of reasons may prejudice the proper administration 8
of this Act. 9
(3) The application must be heard in private and without notice to the 10
person seeking reasons for the decision. 11
(4) The court may make an order only if satisfied that-- 12
(a) a ground mentioned in subsection (2) exists; and 13
(b) the order is justified in all the circumstances. 14
(5) The Authority must give the person seeking reasons for the decision a 15
copy of the court's order. 16
of forms 17
Approval
139. The commissioner may approve forms for use under this Act. 18
power 19
Regulation-making
140.(1) The Government in Council may make regulations under this 20
Act. 21
(2) Without limiting subsection (1), a regulation may be made about any 22
of the following matters-- 23
(a) fees; 24
(b) records to be kept by licensees; 25
(c) documents, including financial statements, to be given to the 26
Authority by licensees and when they are required to be given; 27
(d) the auditing of financial statements; 28
s 141 74 s 143
Prostitution
(e) advertising in relation to licensed brothels; 1
(f) a code for IDAS for development applications mentioned in 2
part 4; 3
(g) a code of practice for licensed brothels. 4
(3) A regulation may also create offences and impose penalties of not 5
more than 40 penalty units for an offence against a regulation. 6
of Act 7
Review
141.(1) The Criminal Justice Commission must, as soon as practicable 8
after the end of 3 years after the commencement of this section, review the 9
effectiveness of this Act and give a confidential report to the Minister and to 10
no one else. 11
(2) This section is subject to the Criminal Justice Act 1989, 12
section 118X.21 13
ART 9--AMENDMENT OF LIQUOR ACT 1992 14
P
amended in pt 9 15
Act
142. This part amends the Liquor Act 1992. 16
of title 17
Amendment
143. Title, after `liquor'-- 18
insert-- 19
`and the provision of adult entertainment'. 20
21 Criminal Justice Act 1989, section 118X (Confidential obligations not to apply)
s 144 75 s 145
Prostitution
of s 3 (Objects of Act) 1
Amendment
144.(1) Section 3(e)-- 2
renumber as paragraph (f). 3
(2) Section 3-- 4
insert-- 5
`(e) to regulate the provision of adult entertainment; and'. 6
of s 4 (Definitions) 7
Amendment
145. Section 4-- 8
insert-- 9
` "adult entertainment" has the meaning given by section 103E(2). 10
"adult entertainment permit" means a permit granted under this Act 11
authorising a person to provide adult entertainment. 12
"approved area" has the meaning given by section 103G(1). 13
"assistant commissioner", for a locality, means the assistant 14
commissioner in charge of the police service for the locality. 15
"associate" has the meaning given by section 4C. 16
"brothel licence" has the meaning given by the Prostitution Act 1999, 17
schedule 4. 18
"code" means the adult entertainment code made and approved under 19
section 103E. 20
"commissioner" means the Commissioner of the Police Service. 21
"controller" means a person authorised by the chief executive under 22
section 109AA to supervise the provision of adult entertainment. 23
"executive officer", of a body corporate, in sections 4C and 107B, means a 24
person who is concerned with, or takes part in, the body corporate's 25
management, whether or not the person is a director or the person's 26
position is given the name of executive officer. 27
"family" of an individual, has the meaning given by the Prostitution Act 28
1999, schedule 4. 29
s 146 76 s 147
Prostitution
"interest in a brothel" has the meaning given by the Prostitution Act 1999, 1
section 6. 2
"licensed brothel" has the meaning given by the Prostitution Act 1999, 3
schedule 4. 4
"prostitution" has the meaning given by the Criminal Code, 5
section 229E.'. 6
of new s 4C 7
Insertion
146. After section 4B-- 8
insert-- 9
`Meaning of "associate" 10
`4C.(1) For an adult entertainment permit, a person is an "associate" of 11
an individual if the person-- 12
(a) is a member of the individual's family; or 13
(b) has entered into a business arrangement or relationship with the 14
individual for the provision of adult entertainment; or 15
(c) is the owner or lessor, either alone or jointly, of premises used or 16
proposed to be used for the provision of adult entertainment under 17
an adult entertainment permit. 18
`(2) A person is an "associate" of a body corporate if the person is an 19
executive officer of the body corporate.'. 20
of s 97 (Available permits) 21
Amendment
147. Section 97-- 22
insert-- 23
`(d) an adult entertainment permit.'. 24
s 148 77 s 148
Prostitution
of new pt 4, div 13A 1
Insertion
148. After section 103D-- 2
insert-- 3
`Division 13A--Adult entertainment permit 4
entertainment code 5
`Adult
`103E.(1) There is to be an adult entertainment code (the "code"). 6
`(2) The code prescribes the live entertainment that may be performed for 7
an audience, by a person performing an act of an explicit sexual nature 8
("adult entertainment"), on licensed premises or premises to which a 9
general purpose permit or restricted club permit relates under an adult 10
entertainment permit. 11
`(3) Adult entertainment does not include the performance of the 12
following acts-- 13
(a) sexual intercourse; 14
(b) masturbation; 15
(c) oral sex. 16
`(4) The chief executive and the commissioner are to make the code. 17
`(5) The code is not effective until it is approved by the Governor in 18
Council under a regulation. 19
`(6) The chief executive must ensure that a copy of the code approved 20
under subsection (5) is made available for inspection without charge, or for 21
purchase during normal business hours at the office of the department in 22
which this Act is administered. 23
`(7) In this section-- 24
"oral sex" has the meaning given by the Criminal Code, section 229E(5).22 25
22 Criminal Code, section 229E (Meaning of "prostitution")
s 148 78 s 148
Prostitution
licensees and permittees eligible for grant of adult entertainment 1
`Only
permit 2
`103F.(1) A person is eligible to apply for, or to be granted, an adult 3
entertainment permit only if the person is a licensee or the holder of a 4
general purpose permit or restricted club permit. 5
`(2) Subsection (1) does not limit another requirement about who may 6
apply for, or the grant of, an adult entertainment permit under part 5. 7
of adult entertainment permit 8
`Authority
`103G.(1) An adult entertainment permit authorises the permittee to 9
provide adult entertainment only-- 10
(a) in an area of the permittee's premises approved by the chief 11
executive (the "approved area"); and 12
(b) at the following times-- 13
(i) if the premises are licensed premises--during ordinary or 14
extended trading hours unless other hours are specified in the 15
licence; 16
(ii) if the premises are premises to which a general purpose 17
permit or restricted club permit applies--the hours stated in 18
the general purpose or restricted club permit. 19
`(2) Adult entertainment must not be provided in more than 1 approved 20
area of the permittee's premises at any time. 21
`(3) The adult entertainment permit is subject to this Act and the 22
conditions prescribed under a regulation or imposed by the chief executive. 23
area to conform with requirements 24
`Approved
`103H. Before the chief executive approves an area as an approved area, 25
the chief executive must be satisfied the area conforms, or will conform, 26
with this Act and the following requirements while adult entertainment is 27
being provided in the area-- 28
(a) the area must be fully enclosed in a way that prevents a person 29
outside the area from seeing inside the area; 30
s 148 79 s 148
Prostitution
(b) the area must not contain, for the private use of persons attending 1
the entertainment, a lounge, booth, compartment or cubicle (other 2
than a toilet cubicle); 3
(c) another requirement prescribed under a regulation. 4
of adult entertainment permit 5
`Duration
`103I. An adult entertainment permit-- 6
(a) is issued for the term stated in it, not longer than 1 year, unless it 7
is sooner surrendered, suspended or cancelled under this Act; and 8
(b) is not renewable; and 9
(c) is not transferable. 10
entertainment permit dependent on currency of licence or 11
`Adult
general purpose permit or restricted club permit 12
`103J.(1) This section applies if an adult entertainment permit is issued 13
for licensed premises or for premises to which a general purpose permit or 14
restricted club permit relates and-- 15
(a) the licence or general purpose permit or restricted club permit 16
ends or is suspended or cancelled; or 17
(b) the licensee or permittee surrenders the licence or general purpose 18
permit or restricted club permit. 19
`(2) If the licence or general purpose permit or restricted club permit 20
ends, the adult entertainment permit also ends at the same time. 21
`(3) If the licence or general purpose permit or restricted club permit is 22
suspended, the adult entertainment permit is also suspended at the same 23
time. 24
`(4) If the licence or general purpose permit or restricted club permit is 25
surrendered or cancelled, the adult entertainment permit is also surrendered 26
or cancelled at the same time.'. 27
s 149 80 s 151
Prostitution
of s 104 (Additional time for consumption or removal of 1
Amendment
liquor) 2
149. Section 104-- 3
insert-- 4
`(2) Despite subsection (1), the period authorised under a licence or 5
permit for the sale of, consumption of, or removal from, liquor on a part of 6
premises that is an approved area where adult entertainment is being 7
provided ends when the adult entertainment ends.'. 8
of s 106 (Who may apply for licence or permit) 9
Amendment
150.(1) Section 106, `a general purpose'-- 10
omit. 11
(2) Section 106-- 12
insert-- 13
`(2) Also, an adult may apply for a licence or permit for or on behalf of 14
an unincorporated association. 15
`(3) A person who holds a brothel licence, or has an interest in a brothel, 16
may not apply for or hold a licence or permit.'. 17
of s 107 (Restrictions on grant of licence or permit) 18
Amendment
151.(1) Section 107(5)(a), `Commissioner of the Police Service'-- 19
omit, insert-- 20
`commissioner'. 21
(2) Section 107-- 22
insert-- 23
`(7) In this section-- 24
"permit" does not include an adult entertainment permit.'. 25
s 152 81 s 152
Prostitution
of new ss 107A to 107C 1
Insertion
152. After section 107-- 2
insert-- 3
on grant of adult entertainment permit 4
`Restriction
`107A.(1) The chief executive may grant an application for an adult 5
entertainment permit only if the chief executive is satisfied that-- 6
(a) the applicant is a suitable person to provide adult entertainment in 7
licensed premises (the "relevant premises") or premises to 8
which a general purpose permit or restricted club permit relates 9
(also the "relevant premises"); and 10
(b) after considering that, if the application were granted, the 11
combined total of licensed brothels and premises permitted to 12
provide adult entertainment in the locality in which the relevant 13
premises are situated would not substantially affect the character 14
of the locality; and 15
16
Example of character of locality being substantially affected--
17
Locality becoming a `red light district'.
(c) the proposed approved area for the entertainment conforms with 18
the requirements of section 103H; and 19
(d) the applicant has submitted a proposed management plan in the 20
approved form that provides for any matters prescribed under a 21
regulation. 22
`(2) Without limiting subsection (1), the chief executive must have regard 23
to any comments of the relevant local government or assistant 24
commissioner received under section 117(2)(a). 25
of applicant for adult entertainment permit 26
`Suitability
`107B.(1) In deciding whether an applicant for an adult entertainment 27
permit is a suitable person to provide adult entertainment, the chief executive 28
must consider all relevant matters including the following-- 29
(a) the applicant's reputation, having regard to character, honesty and 30
integrity; 31
s 152 82 s 152
Prostitution
(b) whether the applicant has been convicted of-- 1
(i) an indictable offence; or 2
(ii) an offence against the Prostitution Act 1999; 3
(c) whether the applicant is an associate of a person who has been 4
convicted of-- 5
(i) an indictable offence; or 6
(ii) an offence against the Prostitution Act 1999; 7
(d) whether the applicant is an associate of a body corporate, an 8
executive officer of which has been convicted of-- 9
(i) an indictable offence; or 10
(ii) an offence against the Prostitution Act 1999; 11
(e) whether the applicant has been charged with any offence of a 12
sexual nature that involves violence, intimidation, threats or 13
children, including the circumstances surrounding the laying of 14
the charge and whether proceedings in relation to the charge are 15
continuing or have been discontinued; 16
(f) whether the applicant's business structure is sufficiently 17
transparent to enable all associates of the applicant, whether 18
individuals or bodies corporate, to be readily identified; 19
(g) whether the applicant has the ability to control the noise and 20
behaviour of the number of persons that could reasonably be 21
expected to be on and in the vicinity of the premises if the permit 22
were granted; 23
(h) any other matters prescribed under a regulation. 24
`(2) For subsection (1)(e), it does not matter whether the offence is 25
alleged to have been committed in Queensland or elsewhere. 26
`(3) If the applicant has nominated a nominee for the applicant's licence 27
or general purpose permit or restricted club permit, the chief executive must 28
comply with subsection (1) by also applying the subsection to the nominee 29
as if the nominee were the applicant. 30
s 153 83 s 153
Prostitution
to be referred to commissioner 1
`Application
`107C.(1) The chief executive must give to the commissioner any 2
particulars the chief executive considers relevant for each application for an 3
adult entertainment permit. 4
`(2) On receiving particulars of the application, the commissioner-- 5
(a) must make inquiries about the applicant's criminal history; and 6
(b) must make any other inquiries about the application, including 7
inquiries to the Prostitution Licensing Authority, the 8
commissioner considers appropriate. 9
`(3) The commissioner must report to the chief executive after receiving 10
the results of the inquiries. 11
`(4) The commissioner's report may include recommendations. 12
`(5) The commissioner's report must include reference to or disclosure 13
of convictions of the person mentioned in the Criminal Law (Rehabilitation 14
of Offenders) Act 1986, section 6.23'. 15
of s 108 (More than 1 licence may be held) 16
Replacement
153. Section 108-- 17
omit, insert-- 18
than 1 licence or adult entertainment permit may be held 19
`More
`108.(1) A person may apply for, and hold, more than 1 licence, whether 20
of the same kind or of different kinds, or adult entertainment permit if for 21
each licence for which a nominee is nominated the nominee is other than the 22
holder of the licence and any other nominee. 23
(2) In this section-- 24
"licence" includes a permit, other than an adult entertainment permit.'. 25
23 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of
convictions upon expiration of rehabilitation period)
s 154 84 s 155
Prostitution
of s 109 (Nominees) 1
Amendment
154.(1) Section 109(1)(c)-- 2
omit. 3
(2) Section 109(6)(a)-- 4
omit, insert-- 5
`(a) is responsible for ensuring that-- 6
(i) liquor is supplied or possessed on the premises only in 7
accordance with the authority conferred by the licence or 8
permit; and 9
(ii) for an adult entertainment permit, the conduct of 10
entertainment under the permit is in accordance with this Act 11
and the conditions of the permit; and'. 12
of new s 109AA 13
Insertion
155. After section 109-- 14
insert-- 15
16
`Controllers
`109AA.(1) A licensee or permittee who holds an adult entertainment 17
permit may nominate an adult to be a controller to supervise the provision 18
of the adult entertainment under the permit to ensure that it is provided in 19
accordance with this Act and the conditions of the permit. 20
`(2) The nomination of a person by a licensee or permittee as a controller 21
has no effect until it is authorised by signed written notice from the chief 22
executive to the licensee or permittee. 23
`(3) If the licensee or permittee nominates a person to be a controller, the 24
licensee or permittee must, within 14 days after nominating the person, give 25
to the chief executive the following particulars about the person-- 26
(a) the person's full name and residential address; 27
(b) the date and place of the person's birth; 28
(c) any other particulars prescribed under a regulation. 29
Maximum penalty--25 penalty units. 30
s 155 85 s 155
Prostitution
`(4) Before authorising the nomination, the chief executive must give to 1
the commissioner any particulars about the person the chief executive 2
considers relevant to the nomination. 3
`(5) On receiving the particulars, the commissioner must make the 4
inquiries the commissioner considers appropriate including-- 5
(a) inquiries about the person's criminal history; and 6
(b) inquiries to the Prostitution Licensing Authority. 7
`(6) The commissioner must report to the chief executive after receiving 8
the results of the inquiries. 9
`(7) The commissioner's report may include recommendations. 10
`(8) The commissioner's report must include reference to or disclosure 11
of convictions of the person mentioned in the Criminal Law (Rehabilitation 12
of Offenders) Act 1986, section 6.24 13
`(9) Without limiting subsection (2), the chief executive must refuse to 14
authorise the nomination if the chief executive is satisfied the nominated 15
person is not a suitable person to be a controller. 16
`(10) In deciding whether the nominated person is a suitable person to be 17
a controller, the chief executive must consider all relevant matters including 18
the following-- 19
(a) whether the nominated person has an interest in a licensed brothel; 20
(b) whether the nominated person has been convicted of-- 21
(i) an indictable offence; or 22
(ii) an offence against the Prostitution Act 1999; 23
(c) whether the nominated person has been charged with any offence 24
of a sexual nature that involves violence, intimidation, threats or 25
children, including the circumstances surrounding the laying of 26
the charge and whether proceedings in relation to the charge are 27
continuing or have been discontinued. 28
`(11) For subsection (10)(c), it does not matter whether the offence is 29
alleged to have been committed in Queensland or elsewhere.'. 30
24 Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of
convictions upon expiration of rehabilitation period)
s 156 86 s 159
Prostitution
of s 110 (Application for grant of extended hours permit 1
Amendment
not on regular basis) 2
156. Section 110(2), `Assistant Commissioner in charge of the Police 3
Service in'-- 4
omit, insert-- 5
`assistant commissioner for'. 6
of s 117 (Advice about application etc.) 7
Amendment
157.(1) Section 117(1), after `club licence'-- 8
insert-- 9
`or an adult entertainment permit'. 10
(2) Section 117(1)(b), `--the Assistant Commissioner in charge of the 11
Police Service'-- 12
omit,insert-- 13
`or an adult entertainment permit--the assistant commissioner'. 14
of s 121 (Conference of concerned persons and decision 15
Amendment
by chief executive) 16
158. Section 121(5)(f), `Assistant Commissioner in charge of the Police 17
Service in'-- 18
`assistant commissioner for'. 19
of s 121A (Renewal of permits for extension of hours 20
Amendment
beyond 3 a.m.) 21
159. Section 121A(1)(b), `Assistant Commissioner in charge of the 22
Police Service'-- 23
omit, insert-- 24
`assistant commissioner'. 25
s 160 87 s 160
Prostitution
of s 134 (Cancellation, suspension or variation of 1
Amendment
permits) 2
160.(1) Section 134, `general purpose, restricted club or extended 3
hours'-- 4
omit. 5
(2) Section 134-- 6
insert-- 7
`(3) Subsection (4) applies if an adult entertainment permit has been 8
issued for licensed premises or premises to which a general purpose permit 9
or restricted club permit relate and the chief executive-- 10
(a) is advised that a nominee ceases to be a nominee for the licence or 11
general purpose permit or restricted club permit; or 12
(b) is advised that the licensee has ceased to conduct the business 13
authorised by the licensee's licence on the premises; or 14
(c) receives an application to transfer the licence because of the sale of 15
the business authorised by the licensee's licence on the premises; 16
or 17
(d) receives an application to conduct the business of a licensee on 18
licensed premises under section 129; or 19
(e) receives a notice from a body corporate under section 150 about a 20
change in the controlling interest in the body corporate. 21
`(4) The chief executive must, by written notice, cancel the adult 22
entertainment permit. 23
`(5) If subsection (3)(a) applies, the notice must be given to the licensee 24
or permittee and takes effect 28 days after the date of the notice. 25
`(6) If subsection (3)(b) applies, the notice must be given to the person 26
controlling, or apparently controlling, the premises and takes effect on 27
giving the notice. 28
`(7) If subsection (3)(c) applies-- 29
(a) if the licensee has ceased to conduct the business--the notice 30
must be given to the person controlling, or apparently controlling, 31
the premises and takes effect from the date of the notice; or 32
s 161 88 s 163
Prostitution
(b) if the licensee continues to conduct the business until the date of 1
settlement of the sale--the notice must be given to the licensee 2
and takes effect from the date of settlement. 3
`(8) If subsection (3)(d) applies, the notice must be given to the person 4
controlling, or apparently controlling, the premises and takes effect 28 days 5
after the date of the notice. 6
`(9) If subsection (3)(e) applies, the notice must be given to the licensee 7
and takes effect 28 days after the date of the notice.'. 8
of s 135 (Summary cancellation, suspension or variation) 9
Amendment
161. Section 135-- 10
insert-- 11
`(2) Subsection (1) applies subject to section 134(3) to (9).'. 12
of pt 6, div 1, hdg 13
Replacement
162. Part 6, division 1, heading-- 14
omit, insert-- 15
`Division 1--Provisions binding licensees, permittees, employees and 16
agents'. 17
of new s 143A 18
Insertion
163. After section 143-- 19
insert-- 20
to be displayed for approved area for adult entertainment 21
`Particulars
`143A.(1) A permittee who holds an adult entertainment permit must, at 22
all times when adult entertainment is being provided in the approved area 23
for the entertainment, display a sign stating-- 24
(a) that adult entertainment is being provided in the area; and 25
(b) that minors must not enter the area; and 26
(c) anything else prescribed under a regulation. 27
s 164 89 s 164
Prostitution
Maximum penalty--25 penalty units. 1
`(2) The permittee must ensure that-- 2
(a) the sign is conspicuously displayed at every entrance to the area; 3
and 4
(b) characters on the sign are legible and not less than 50 mm high. 5
Maximum penalty--25 penalty units.'. 6
of new ss 149A and 149B 7
Insertion
164. After section 149-- 8
insert-- 9
adult entertainment without adult entertainment permit 10
`Providing
`149A. A licensee or permittee must not provide adult entertainment on 11
licensed premises or premises to which a general purpose permit or 12
restricted club permit relates unless the licensee or permittee provides the 13
entertainment under an adult entertainment permit. 14
Maximum penalty--200 penalty units. 15
adult entertainment 16
`Supervising
`149B.(1) At all times when adult entertainment is being provided under 17
an adult entertainment permit, the entertainment must be supervised by the 18
licensee, permittee or nominee or a controller to ensure that it is provided in 19
accordance with this Act and the conditions of the permit. 20
Maximum penalty--100 penalty units. 21
`(2) If subsection (1) is contravened, the following persons each commit 22
an offence-- 23
(a) the licensee or permittee; 24
(b) any nominee or controller whose duty it was to supervise the 25
entertainment at the relevant time.'. 26
s 165 90 s 166
Prostitution
of new s 155A 1
Insertion
165. After section 155-- 2
insert-- 3
must not be in approved area when adult entertainment 4
`Minors
being provided 5
`155AA.(1) This section applies despite section 155, if a licensee of 6
licensed premises or permittee of premises to which a general purpose 7
permit or restricted club permit relates holds an adult entertainment permit. 8
`(2) The licensee, permittee or the licensee's or permittee's nominee or 9
controller, if any, must ensure that a minor is not in the approved area when 10
adult entertainment is being provided. 11
Maximum penalty for subsection (2)--200 penalty units.'. 12
of new s 168A 13
Insertion
166. Division 2, after section 168-- 14
insert-- 15
adult entertainment 16
`Advertising
`168A.(1) A person must not publish an advertisement for adult 17
entertainment that describes the sexually explicit nature of the acts 18
performed in the entertainment. 19
Maximum penalty--40 penalty units. 20
`(2) Evidence that an advertisement has been published in relation to 21
adult entertainment provided at licensed premises or premises to which a 22
general purpose or restricted club permit relates, is evidence that a person 23
who is the licensee or permittee published the advertisement. 24
`(3) In this section-- 25
"advertisement" includes the following-- 26
(a) notice; 27
(b) sign; 28
(c) circular; 29
s 167 91 s 168
Prostitution
(d) matter that is not in writing, but that conveys a message because 1
of the form or context in which it appears. 2
"publish" an advertisement means publish, or cause to be published, in any 3
way including in a newspaper, periodical, notice, sign or circular or 4
through radio or television or by film or video recording.'. 5
of s 226 (Contravention of condition of licences etc.) 6
Amendment
167. Section 226, penalty-- 7
omit, insert-- 8
`Maximum penalty-- 9
(a) if the condition contravened is specified in an adult entertainment 10
permit--40 penalty units; or 11
(b) for a contravention of another condition--25 penalty units.'. 12
of new s 233A 13
Insertion
168. After section 233-- 14
insert-- 15
of code in proceedings 16
`Use
`233A.(1) This section applies in a proceeding for an offence against this 17
Act or another Act. 18
`(2) A document purporting to be the code is admissible as evidence of 19
the code.'. 20
s 169 92 s 171
Prostitution
ART 10--AMENDMENTS OF THE CRIMINAL 1
P
CODE 2
amended in pt 10 3
Act
169. This part amends the Criminal Code. 4
of s 1 (Construction of terms) 5
Amendment
170.(1) Section 1, definition "sexual act"-- 6
omit. 7
(2) Section 1-- 8
insert-- 9
` "adult entertainment" has the meaning given by the Liquor Act 1992, 10
section 103E. 11
"adult entertainment permit" means an adult entertainment permit 12
granted under the Liquor Act 1992 and in force. 13
"approved manager" means an approved manager under the Prostitution 14
Act 1999. 15
"brothel licence" has the meaning given by the Prostitution Act 1999, 16
schedule 4. 17
"licensed brothel" has the meaning given by the Prostitution Act 1999, 18
schedule 4. 19
"licensee", for a licensed brothel, means the person who holds the brothel 20
licence for the brothel under the Prostitution Act 1999.'. 21
of s 218 (Procuring sexual acts by coercion etc.) 22
Amendment
171.(1) Section 218(2)-- 23
renumber as subsection (4). 24
(2) Section 218-- 25
insert-- 26
s 172 93 s 173
Prostitution
`(2) For subsection (1), a person engages in a sexual act if the person-- 1
(a) allows a sexual act to be done to the person's body; or 2
(b) does a sexual act to the person's own body or the body of another 3
person; or 4
(c) otherwise engages in an act of an indecent nature with another 5
person. 6
`(3) Subsection (2)-- 7
(a) applies equally to males and females; and 8
(b) is not limited to sexual intercourse or acts involving physical 9
contact.'. 10
of s 227 (Indecent acts) 11
Amendment
172. Section 227-- 12
insert-- 13
`(3) Subsection (1) does not apply to a person who does an indecent act 14
under the authority of an adult entertainment permit.'. 15
of ss 229D-229E 16
Replacement
173. Sections 229D and 229E-- 17
omit, insert-- 18
of "sexual intercourse" for ch 22A 19
`Meaning
`229D.(1) For this chapter, "sexual intercourse" includes either or both 20
of the following activities-- 21
(a) the penetration, to any extent, of the vagina, vulva or anus of a 22
person by any part of the body of another person; 23
(b) the penetration, to any extent, of the vagina, vulva or anus of a 24
person, carried out by another person using an object. 25
`(2) In this section-- 26
"penetration" does not include penetration carried out for a proper medical, 27
hygienic or law enforcement purpose. 28
s 174 94 s 174
Prostitution
of "prostitution" 1
`Meaning
`229E.(1) A person engages in "prostitution" if the person engages, or 2
offers to engage, in the provision to another person, under an arrangement 3
of a commercial character, of any of the following activities-- 4
(a) sexual intercourse; 5
(b) masturbation; 6
(c) oral sex; 7
(d) any activity, other than sexual intercourse, masturbation or oral 8
sex, that involves the use of 1 person by another for his or her 9
sexual satisfaction involving physical contact. 10
`(2) However, a person does not engage in prostitution if-- 11
(a) the activity is an activity mentioned in subsection (1)(d); and 12
(b) the person is providing adult entertainment under an adult 13
entertainment permit and is an adult and is not an intellectually 14
impaired person; and 15
(c) the activity is authorised under the permit. 16
`(3) Subsection (1) applies equally to males and females. 17
`(4) It does not matter, in relation to an arrangement for the provision of 18
an activity mentioned in subsection (1)(a), (b), (c) or (d), whether-- 19
(a) the arrangement is initiated with the person engaging in the 20
provision of the activity or a third person; or 21
(b) the pecuniary or other reward under the arrangement is to be 22
received by the person engaging in the provision of the activity or 23
a third person. 24
`(5) In this section-- 25
"oral sex" means the bringing into contact of any part of the genitalia or 26
anus of a person with any part of the mouth of another person.'. 27
of s 229G (Procuring prostitution) 28
Amendment
174.(1) Section 229G(3)-- 29
renumber as subsection (5). 30
s 175 95 s 175
Prostitution
(2) Section 229G-- 1
insert-- 2
`(3) A licensee or approved manager of a licensed brothel, or his or her 3
agent, does not contravene subsection (1) only because the licensee, 4
manager or agent has employed an adult who is not an intellectually 5
impaired person to work as a prostitute at the brothel in accordance with the 6
brothel licence for the brothel. 7
`(4) For subsection (3), it does not matter whether the prostitute is 8
employed under a contract of service or a contract for service.'. 9
of s 229H (Knowingly participating in provision of 10
Amendment
prostitution) 11
175. Section 229H-- 12
insert-- 13
`(3) Subsection (1) does not apply to a person (the "participant") who 14
knowingly participates, directly or indirectly, in the provision of prostitution 15
by another person if-- 16
(a) the provision of the prostitution by the other person happens at a 17
licensed brothel in accordance with the brothel licence for the 18
brothel; and 19
(b) the other person is an adult and is not an intellectually impaired 20
person. 21
`(4) Also, subsection (1) does not apply to a person (also the 22
"participant") who knowingly participates, directly or indirectly, in the 23
provision of prostitution by another person if-- 24
(a) the activity constituting the prostitution is an activity mentioned in 25
section 229E(1)(d); and 26
(b) the person engaging in the activity is providing adult 27
entertainment under an adult entertainment permit and is an adult 28
and is not an intellectually impaired person; and 29
(c) the activity is authorised under the permit. 30
s 176 96 s 176
Prostitution
`(5) Also, subsection (1) does not apply to a person (also 1
the "participant") who knowingly participates, directly or indirectly, in the 2
provision of prostitution by another person if-- 3
(a) the provision of the prostitution by the other person does not take 4
place at a licensed brothel, and is not otherwise unlawful under 5
this chapter; and 6
(b) the participant-- 7
(i) is the holder of a current crowd controller's licence under the 8
Security Providers Act 1993; and 9
(ii) participates in the provision of the prostitution no more than 10
the extent necessary for providing services as a bodyguard; 11
and 12
(c) the other person is an adult and is not an intellectually impaired 13
person.'. 14
of s 229I (Persons found in places reasonably suspected 15
Amendment
of being used for prostitution etc.) 16
176. Section 229I-- 17
insert-- 18
`(4) Subsection (1) does not apply to a person (the "relevant person") if 19
the place is a licensed brothel, unless-- 20
(a) if the relevant person, without reasonable excuse, is found in the 21
place--a person who is not an adult or who is an intellectually 22
impaired person is, to the relevant person's knowledge, also in the 23
place; or 24
(b) if the relevant person, without reasonable excuse, is found leaving 25
after having been in the place--a person who is not an adult or 26
who is an intellectually impaired person was, to the relevant 27
person's knowledge, also in the place when the relevant person 28
was in the place.'. 29
s 177 97 s 178
Prostitution
of s 229K (Having an interest in premises used for the 1
Amendment
purposes of prostitution etc.) 2
177. Section 229K-- 3
insert-- 4
`(3A) Subsection (2) does not apply to an interested person in relation to 5
a licensed brothel. 6
`(3B) However, subsection (3A) does not apply if, to the interested 7
person's knowledge, a person who was not an adult or who was an 8
intellectually impaired person was in the premises when the interested 9
person was allowing the person to be using the premises for prostitution.'. 10
PART 11--AMENDMENTS OF OTHER ACTS 11
and regulations amended 12
Acts
178. Schedule 3 amends the Acts and regulations mentioned in it. 13
14
98
Prostitution
SCHEDULE 1 1
¡
ISQUALIFYING OFFENCE PROVISIONS UNDER 2
D
THE CRIMINAL CODE 3
schedule 4, definition "disqualifying offence", paragraph (c) 4
1. Section 87 (Official corruption) 5
2. Section 121 (Official corruption not judicial but relating to offences) 6
3. Section 300 (Unlawful homicide) 7
4. Section 347 (Rape) 8
5. Section 351 (Abduction) 9
6. Section 354 (Kidnapping) 10
7. Section 354A (Kidnapping for ransom) 11
8. Section 415 (Demanding property, benefit or performance of services 12
with threats) 13
9. Any offence in Chapter 22 (Offences against morality), if the offence 14
relates to a child or intellectually impaired person. 15
10. Any offence in Chapter 22A (Prostitution), if the offence relates to a 16
child or intellectually impaired person. 17
18
99
Prostitution
SCHEDULE 2 1
¡
ISQUALIFYING OFFENCE PROVISIONS UNDER 2
D
THE MIGRATION ACT 1985 (CWLTH) 3
schedule 4, definition "disqualifying offence", paragraph (d) 4
1. Section 233 (Persons concerned in bringing non-citizens into Australia 5
in contravention of Act or harbouring illegal entrants) 6
2. Section 234 (False papers etc.) 7
3. Section 235 (Offences in relation to work) 8
4. Section 236 (Offences relating to visas) 9
5. Section 240 (Offence to arrange marriage to obtain permanent residence) 10
6. Section 241 (Offence to arrange pretended de facto relationship to obtain 11
permanent residence) 12
7. Section 242 (Offence to arrange interdependency relationship to obtain 13
permanent residence) 14
8. Section 243 (Offences relating to an application for permanent residence 15
because of marriage or de facto relationship) 16
9. Section 244 (Offences relating to application for permanent residence 17
because of interdependency) 18
10. Section 245 (Offences of making false or unsupported statements) 19
11. Section 280 (Restrictions on giving of immigration assistance) 20
12. Section 281 (Restriction on charging fees for immigration assistance) 21
13. Section 282 (Restriction on charging fees for immigration 22
representatives) 23
14. Section 283 (False representation that a person is a registered agent) 24
100
Prostitution
SCHEDULE 2 (continued)
15. Section 284 (Restriction on self-advertising of the giving of immigration 1
assistance) 2
16. Section 285 (Restriction on other advertising of immigration assistance) 3
4
101
Prostitution
SCHEDULE 3 1
¡
AMENDMENT OF OTHER ACTS AND 2
REGULATIONS 3
section 178 4
RIMINAL LAW (REHABILITATION OF 5
´C
OFFENDERS) ACT 1986 6
1. Section 9A(1), table-- 7
insert-- 8
`11. An applicant for a licence or a 11. Contraventions of any law, 9
licensee under the Prostitution Act whether committed in Queensland 10
1999. or elsewhere.
`12. An applicant for an approved 12. Contraventions of any law, 11
manager's certificate or an whether committed in Queensland 12
approved manager under the or elsewhere. 13
Prostitution Act 1999.
`13. An applicant for an adult 13. Contraventions of any law, 14
entertainment permit under the whether committed in Queensland 15
Liquor Act 1992. or elsewhere.
`14. A person nominated to be a 14. Contraventions of any law, 16
controller under the Liquor Act whether committed in Queensland 17
1992. or elsewhere.'.
102
Prostitution
SCHEDULE 3 (continued)
FREEDOM OF INFORMATION ACT 1992 1
´
1. Schedule 1-- 2
insert-- 3
`Prostitution Act 1999, section 137'. 4
INTEGRATED PLANNING ACT 1997 5
´
1. Schedule 8, part 1-- 6
insert-- 7
`5. Making a material change of the use of premises for a licensed brothel.'. 8
2. Schedule 8, part 4-- 9
insert-- 10
` "licensed brothel" see the Prostitution Act 1999, schedule 4.'. 11
103
Prostitution
SCHEDULE 3 (continued)
NTEGRATED PLANNING REGULATION 1998 1
´I
1. Schedule 1-- 2
insert-- 3
`3. Making a material change of the 4
use of premises for a licensed 5
brothel-- 6
Code assessment
(a) in an industrial area
(b) other than in an industrial 7
area, 8
unless a local planning instrument 9
or amendment of a local planning 10
instrument made after the 11
commencement of this section 12
requires code assessment Impact assessment'.
UDICIAL REVIEW ACT 1991 13
´J
1. Schedule 2-- 14
insert-- 15
`Certain decisions under the Prostitution Act 1999 16
`5B. Decisions to which this Act does not apply under a Supreme Court 17
order under the Prostitution Act 1999, section 138.25'. 18
25 Prostitution Act 1999, section 138 (Application of Judicial Review Act)
104
Prostitution
SCHEDULE 3 (continued)
POLICE POWERS AND RESPONSIBILITIES ACT 1
´
1997 2
1. Section 83-- 3
insert-- 4
`(3) This division also applies to a person if a police officer reasonably 5
suspects the person is soliciting for prostitution in a prescribed place.'. 6
2. Schedule 3, definition "prescribed place"-- 7
omit. 8
3. Schedule 3-- 9
insert-- 10
` "prescribed place"-- 11
(a) for part 11,26 in relation to soliciting for prostitution, means any 12
public place to which the public has access, whether on payment 13
of a fee or otherwise, but does not include any area in a licensed 14
brothel that can not be viewed from outside the brothel; and 15
(b) for part 11, in relation to other matters, means-- 16
(i) a shop; or 17
(ii) a child-care centre; or 18
(iii) a pre-school centre; or 19
(iv) a primary, secondary or special school; or 20
(v) premises licensed under the Liquor Act 1992; or 21
(vi) a railway station and any railway land around it; or 22
(vii) an automatic teller machine; or 23
26 Part 11 (Power to give directions in notified areas and other places)
105
Prostitution
SCHEDULE 3 (continued)
(viii)a place declared under section 87 to be a notified area.27 1
"licensed brothel" see the Prostitution Act 1999, schedule 4. 2
"prostitution" see the Criminal Code, section 229E. 3
"solicit" includes the following-- 4
(a) offer to provide prostitution; 5
(b) accept an offer to provide prostitution.'. 6
VAGRANTS, GAMING AND OTHER OFFENCES ACT 7
´
1931 8
1. Section 2, definition "prostitution'-- 9
omit. 10
2. Sections 18A to 18C-- 11
omit. 12
13
27 Section 87 (Declaration of notified areas)
106
Prostitution
SCHEDULE 4 1
¡
EFINITIONS 2
D
section 5 3
"adult entertainment permit" means an adult entertainment permit 4
granted under the Liquor Act 1992 and in force. 5
"approved form" means a form approved under section 139. 6
"approved manager" means a person who holds an approved manager's 7
certificate that is in force. 8
"approved manager's certificate" means a certificate granted under this 9
Act authorising a person to be an approved manager of a licensed 10
brothel stated in the certificate. 11
"associate" see section 6. 12
"authorised officer of a relevant local government" means an officer of 13
the relevant local government who is authorised in writing by the local 14
government for this Act. 15
"Authority" means the Prostitution Licensing Authority established under 16
section 100. 17
"brothel" means premises made available for prostitution by 2 or more 18
prostitutes at the premises. 19
"brothel licence" means a licence granted under this Act authorising a 20
person to operate a brothel at premises stated in the licence. 21
"certificate" means an approved manager's certificate. 22
"commissioner" means the Commissioner of the Police Service. 23
"conviction" includes a finding of guilt or the acceptance of a plea of guilty 24
by a court, whether or not a conviction is recorded. 25
"corresponding law" means a law of another State corresponding to this 26
Act. 27
107
Prostitution
SCHEDULE 4 (continued)
"Council" means the Prostitution Advisory Council established under 1
section 113. 2
"crime commissioner" see the Crime Commission Act 1997. 3
"criminal history" of a person means the convictions recorded against the 4
person, whether in Queensland or another State, for offences. 5
"development permit" means a development permit granted under the 6
Integrated Planning Act 1997. 7
"disciplinary inquiry"-- 8
(a) in relation to a licensee--see section 26; or 9
(b) in relation to an approved manager--see section 52. 10
"disqualifying offence" means an offence-- 11
(a) against the Crimes (Confiscation) Act 1989, section 90;28 or 12
(b) against the Drugs Misuse Act 1986, section 5;29 or 13
(c) against a provision of the Criminal Code mentioned in schedule 1; 14
or 15
(d) against a provision of the Migration Act 1958 (Cwlth) mentioned 16
in schedule 2; or 17
(e) that, if committed in Queensland, would be a disqualifying 18
offence. 19
"executive officer", of a body corporate, means a person who is concerned 20
with, or takes part in, the body corporate's management, whether or 21
not the person is a director or the person's position is given the name 22
of executive officer. 23
"family", of an individual, consists of the following members-- 24
(a) the individual's spouse; 25
28 Crimes (Confiscation) Act 1989, section 90 (Money laundering)
29 Drugs Misuse Act 1986, section 5 (Trafficking in dangerous drugs)
108
Prostitution
SCHEDULE 4 (continued)
(b) each of the individual's children who is 18 years or more, 1
including a stepchild, an adopted child and a person for whom the 2
individual was foster-parent or guardian when the person was a 3
child; 4
(c) each of the individual's parents, including a step-parent, and a 5
person who was a foster-parent or guardian for the individual 6
when the individual was a child; 7
(d) each of the individual's siblings who is 18 years or more, 8
including a step-sibling and a person who was a foster-sibling 9
when the individual was a child. 10
"fee" means fee, charge or tax. 11
"fund" means the Prostitution Licensing Authority Fund established under 12
section 123. 13
"IDAS" see the Integrated Planning Act 1997, section 3.1.1. 14
"identifying particulars"-- 15
(a) means any of the following-- 16
(i) palm prints; 17
(ii) fingerprints; 18
(iii) handwriting; 19
(iv) voiceprints; 20
(v) footprints; and 21
(b) includes photographs of a person's identifying features. 22
23
Examples for paragraph (b)--
24
1. Photographs of scars or tattoos.
25
2. Photographs of the person.
"information" includes a statement and particulars. 26
"insolvent under administration" means a person-- 27
(a) who is an undischarged bankrupt; or 28
(b) for whom a debt agreement has been made under the Bankruptcy 29
109
Prostitution
SCHEDULE 4 (continued)
Act 1966 (Cwlth), part X or the corresponding provisions of the 1
law of another jurisdiction, if the debt agreement has not ended or 2
has not been terminated; or 3
(c) who has executed a deed of arrangement under the Bankruptcy 4
Act 1966 (Cwlth), part X or the corresponding provisions of the 5
law of another jurisdiction, if the terms of the deed have not been 6
fully complied with; or 7
(d) whose creditors have accepted a composition under the 8
Bankruptcy Act 1966 (Cwlth), part X or the corresponding 9
provisions of the law of another jurisdiction, if a final payment 10
has not been made under the composition. 11
"interest in a brothel" see section 7. 12
"licence" means brothel licence. 13
"licensed brothel" means premises stated in a licensee's licence as the 14
premises used for the business of providing prostitution. 15
"licensee" means a person who holds a brothel licence that is in force. 16
"notice" means written notice. 17
"operate" a brothel means to carry on the business of providing 18
prostitution at the brothel. 19
"prostitution" see the Criminal Code, section 229E. 20
"registrar" means the registrar of the Authority. 21
"sexually transmissible disease" means any of the following diseases or 22
conditions-- 23
· chancroid 24
· donovanosis 25
· genital chlamydia 26
· genital herpes (when lesions are visible) 27
· genital warts (when lesions are visible) 28
· gonorrhoea 29
110
Prostitution
SCHEDULE 4 (continued)
· human immunodeficiency virus (HIV) 1
· lymphogranuloma venereum 2
· syphilis 3
· another disease or condition prescribed under a regulation. 4
"spouse" includes de facto spouse. 5
6
7
© State of Queensland 1999
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