Queensland Consolidated Acts

PROSTITUTION ACT 1999

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose
   4.      Act binds all persons

           Part 2--Definitions

   5.      Definitions
   6.      Meaning of associate
   7.      Meaning of interest in a brothel

           Part 3--Licensing system

           Division 1--Brothel licences
           Subdivision 1--Application for licence

   8.      Who is ineligible for a brothel licence
   9.      Person may hold only 1 brothel licence
   10.     Application for licence
   11.     Updating of application
   12.     Withdrawal of application
   13.     Applicant to consent to identifying particulars being taken
   14.     Application to be referred to commissioner
   15.     Consideration of application
   16.     When Authority must refuse application
   17.     Suitability of applicant
   18.     Grant or refusal of licence
   19.     The licence
   20.     Requirement to notify changes in information given
   21.     Amendment of licence conditions or restrictions
   22.     Endorsement of licence
   23.     Renewal of licence
           Subdivision 2--Licence cancellation and disciplinary action
   24.     Definition for sdiv 2
   24A.    Payment of fee by payment plan
   24B.    Automatic suspension of licence
   25.     Automatic cancellation of licence
   26.     Investigating disciplinary action
   27.     Grounds for disciplinary action
   27A.    Authority may conduct disciplinary inquiry by hearing or on correspondence
   27B.    Disciplinary inquiry notice
   28.     Starting disciplinary inquiry
   28A.    Procedure for disciplinary inquiry by hearing
   28B.    Power of Authority to continue disciplinary inquiry in particular circumstances
   28C.    Failure to take oath or answer question
   28D.    Authority may require information relevant to disciplinary inquiry
   28E.    Attendance notice
   28F.    Substituted service on licensee or relevant person
   29.     Disciplinary powers of Authority
   30.     Disciplinary powers limited for certain licensees
           Subdivision 3--Other provisions about licences
   31.     Surrender of licence
   32.     Surrendered, suspended or cancelled licence must be returned
   33.     When Authority can authorise approved manager to act as licensee

           Division 2--Approved managers
           Subdivision 1--Application for certificate

   34.     Who is ineligible for a certificate
   35.     Application for certificate
   36.     Updating of application
   37.     Withdrawal of application
   38.     Applicant to consent to identifying particulars being taken
   39.     Application to be referred to commissioner
   40.     Consideration of application
   41.     When Authority must refuse application
   42.     Suitability of applicant
   43.     Grant or refusal of certificate
   44.     The certificate
   45.     Requirement to notify changes in information given
   46.     Variation of certificate
   47.     Amendment of certificate conditions or restrictions
   48.     Endorsement of certificate
   49.     Renewal of certificate
           Subdivision 2--Certificate cancellation and disciplinary action
   50.     Definition for sdiv 2
   50A.    Payment of fee by payment plan
   50B.    Automatic suspension of certificate
   51.     Automatic cancellation of certificate
   52.     Investigating disciplinary action
   53.     Grounds for disciplinary action
   53A.    Authority may conduct disciplinary inquiry by hearing or on correspondence
   53B.    Disciplinary inquiry notice
   54.     Starting disciplinary inquiry
   54A.    Procedure for disciplinary inquiry by hearing
   54B.    Power of Authority to continue disciplinary inquiry in particular circumstances
   54C.    Failure to take oath or answer question
   54D.    Authority may require information relevant to disciplinary inquiry
   54E.    Attendance notice
   54F.    Substituted service on approved manager or relevant person
   55.     Disciplinary powers of Authority
   56.     Disciplinary powers limited for certain approved managers
           Subdivision 3--Other provisions about certificates
   57.     Surrender of certificate
   58.     Surrendered, suspended or cancelled certificate must be returned

           Division 3--Powers of entry

   59.     Police power to enter licensed brothel
   60.     Powers after entry
   61.     Authority to be given particulars after entry

           Part 4--Development approvals for brothels

           Division 1--Preliminary

   62.     Definition for pt 4
   63A.    Planning Act

           Division 2--Particular provisions about development applications

   63B.    Notification by assessment manager of development application

           Division 3--Review by QCAT

   64A.    Review of decisions about code assessment
   64B.    Review of decisions about impact assessment
   64C.    Procedures for review
   64D.    No appeal from QCAT's decision under the Integrated Planning Act
   64E.    Development approval suspended until review decided

           Part 5--Prohibited brothels

   65.     Application to Magistrates Court
   66.     Declaration that premises are a prohibited brothel
   66A.    Temporary declaration that premises are prohibited brothel
   67.     Publication of declaration
   68.     Offence in relation to posted up declaration
   69.     Offence of being in or entering or leaving prohibited brothel
   70.     Offence if prohibited brothel used as brothel after declaration given
   71.     Rescission of declaration
   72.     Service of notices in relation to prohibited brothels

           Part 6--Offences

           Division 1--General offences relating to prostitution

   73.     Public soliciting for purposes of prostitution
   74.     Exception to soliciting offences—persons in licensed brothels
   75.     Exception to soliciting offences—police officers
   76.     Nuisances connected with prostitution
   77.     Duress
   77A.    Prostitute providing sexual intercourse or oral sex without a prophylactic

           Division 2--Offences relating to the operation of a licensed brothel

   78.     Brothel offences
   79.     Operating licensed brothel other than in a building
   80.     Personal supervision of licensed brothel
   81.     Licensee not to operate brothel in partnership or in association with unlicensed person
   82.     Person not to have interest in more than 1 licensed brothel
   83.     Possessing liquor in licensed brothel
   84.     Complying with police requirement
   85.     Person to state age
   86.     Licensee and approved manager to state name and address
   87.     Display of licence
   88.     Production of licence or certificate

           Division 3--Offences relating to prostitutes working in licensed brothels

   89.     Permitting prostitute infective with a disease to work in a licensed brothel
   90.     Prostitute working while infective with a disease

           Division 4--Advertising offences
           Subdivision 1--Definitions

   92.     Definitions for div 4
           Subdivision 2--Advertising offences about prostitution
   93.     Advertising prostitution
   94.     Statements inducing persons to become prostitutes
   95.     Advertising prostitution as massage services
   96.     Evidentiary provision
           Subdivision 3--Advertising offences about social escort services
   96A.    Advertising social escort services
   96B.    Clients of social escort services to be informed that prostitution is not provided
   96C.    Evidentiary provision

           Division 5--Other offences

   97.     False or misleading statements
   98.     False or misleading documents
   99.     Offences by bodies corporate

           Part 7--Prostitution Licensing Authority

           Division 1--Establishment

   100.    Establishment of Authority
   101.    Functions of Authority

           Division 2--Membership
           Subdivision 1--Appointment

   102.    Membership
   103.    Term of appointment
   104.    Remuneration
   105.    Disqualifications for appointment
   106.    Vacation of office
   107.    Meetings
   108.    Member's interest in a matter to be considered by Authority
           Subdivision 2--Assessing suitability for appointment
   108A.   Subdivision does not apply to exempt member
   108B.   Extended criminal history checks
   108C.   Disclosure of changes in extended criminal history
   108D.   Disclosure must not be false, misleading or incomplete
   108E.   Use of information obtained under this subdivision

           Division 3--Status

   108F.   Authority is statutory body under the Financial Accountability Act 2009
   108G.   Authority is statutory body under the Statutory Bodies Financial Arrangements Act 1982
   108H.   Budget
   108I.   Performance of Authority

           Part 7A--Office of the Prostitution Licensing Authority

           Division 1--Establishment

   109.    Establishment of office
   110.    Function
   110A.   Status

           Division 2--Executive director
           Subdivision 1--Appointment

   110B.   Appointment of executive director
   110C.   Terms of appointment
   110D.   Function of executive director
   110E.   Relationship with Authority
   110F.   Delegation by executive director
   110G.   Resignation
   110H.   Ending of appointment
   110I.   Preservation of rights
   110J.   Superannuation for executive director who was previously a public service officer
   110K.   Acting executive director
           Subdivision 2--Assessing suitability for appointment
   110KA.  Extended criminal history checks
   110KB.  Disclosure of changes in extended criminal history
   110KC.  Disclosure must not be false, misleading or incomplete
   110KD.  Use of information obtained under this subdivision

           Division 3--Staff of the office
           Subdivision 1--Employment

   110L.   Office staff
           Subdivision 2--Assessing suitability to be engaged as staff member
   110M.   Application of sdiv 2
   110N.   Executive director may obtain extended criminal history
   110O.   Failure to consent to obtaining extended criminal history
   110P.   Obtaining extended criminal history with consent
   110Q.   Assessment of suitability using extended criminal history
   110R.   Staff member to disclose change in extended criminal history
   110S.   Failing to make disclosure or making false, misleading or incomplete disclosure
   110T.   Executive director may obtain report from commissioner
   110U.   Use of information obtained under this subdivision
   110V.   Person to be advised of information obtained from commissioner

           Part 7B--Administration

           Division 1--Register

   111.    Licence and certificate register

           Division 2--Prostitution Licensing Authority Fund

   123.    Establishment of fund
   124.    Payments into fund
   125.    Payments out of fund
   126.    Directions by Minister

           Part 8--General

           Division 1--Proceedings for offences

   127.    Indictable and summary offences
   128.    Proceedings for indictable offences
   129.    Limitation on who may summarily hear indictable offence proceedings
   130.    Limitation on time for starting summary proceedings
   131.    Offences about false or misleading information or documents
   132.    Evidentiary provision

           Division 2--Other matters

   133.    Disclosure of information
   133A.   Confidentiality
   134.    Protection of officials from liability
   134A.   Protection of health professionals from liability
   135.    Non-compellability of health service providers
   136.    Destruction of identifying particulars etc.
   138.    Application of Judicial Review Act
   138A.   Delegation
   139.    Approval of forms
   139A.   Guidelines
   140.    Regulation-making power
   141.    Review of Act

           Part 9--Transitional provisions

           Division 1--Provision for Act No. 77 of 2001

   142.    Transitional provision about appeals

           Division 2--Provisions for Act No. 40 of 2006

   143.    Transitional provision for registrar and executive director
   144.    Transitional provision for licences
   145.    Transitional provision for certificates
   146.    Transitional provision for brothel offences
   147.    Membership of Authority
   148.    Proceedings
   149.    Transitional provision for evidentiary certificates

           Division 3--Provision for Act No. 59 of 2007

   150.    Continuation of refusal of development applications

           Division 4--Provision for Act No. 55 of 2008

   151.    References in sch 1 to Criminal Code offences

           Division 5--Provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009

   152.    Definition for div 5
   153.    Independent assessor goes out of office
   154.    Application of particular QCAT Act provisions to former independent assessor and former assessor's registrar

           Division 6--Provision for Sustainable Planning Act 2009

   155.    Application of pt 4

           Division 7--Provisions for Police Legislation Amendment Act 2010

   156.    Definition for pt 9, div 7
   157.    Conduct of disciplinary inquiry started but not dealt with as at commencement
   158.    Disciplinary inquiry notice not given to licensee as at commencement
   159.    Disciplinary inquiry notice not given to approved manager as at commencement
   160.    Disqualifications for appointment—particular members of Authority
   161.    Extended criminal history checks—particular members of Authority
   162.    Extended criminal history checks—executive director
   163.    Executive director may obtain extended criminal history
   164.    Transitional provision for Police Legislation Amendment Act 2010
           SCHEDULE 1 -- DISQUALIFYING OFFENCE PROVISIONS UNDER THE CRIMINAL CODE
           SCHEDULE 2 -- DISQUALIFYING OFFENCE PROVISIONS UNDER THE MIGRATION ACT 1958 (CWLTH)
           SCHEDULE 3 -- RESTRICTIONS ON NUMBERS OF PROSTITUTES AT LICENSED BROTHEL
           SCHEDULE 4 -- DICTIONARY
           Endnotes