PROSTITUTION ACT 1999 - As at 1 March 2023 - Act 73 of 1999
PROSTITUTION ACT 1999
- As at 1 March 2023
- Act 73 of 1999
TABLE OF PROVISIONS
Long Title
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. Definitions for part
63. (Repealed)
63A. Planning Act
Division 2 - Particular provisions about relevant applications
63B. Notification by decision-maker of relevant application
64. (Repealed)
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 Planning Act
64E. Development approval suspended until review decided
64F. (Repealed)
64G. (Repealed)
64H. (Repealed)
64I. (Repealed)
64J. (Repealed)
64K. (Repealed)
64L. (Repealed)
64M. (Repealed)
64N. (Repealed)
64O. (Repealed)
64P. (Repealed)
64Q. (Repealed)
64R. (Repealed)
64S. (Repealed)
64T. (Repealed)
64U. (Repealed)
64V. (Repealed)
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. (Repealed)
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
106A. Acting chairperson
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. (Repealed)
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
112. (Repealed)
113. (Repealed)
114. (Repealed)
115. (Repealed)
116. (Repealed)
117. (Repealed)
118. (Repealed)
119. (Repealed)
120. (Repealed)
121. (Repealed)
122. (Repealed)
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.
137. (Repealed)
138. Application of Judicial Review Act
138A. Delegation
139. Approved 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
Division 8 - Provision for Court and Civil Legislation Amendment Act 2017
164. Application of Act to application for variation not decided before commencement
Division 8 - Provisions for Planning (Consequential) and Other Legislation Amendment Act 2016
164. Definitions for division
165. Existing development application or request to change a development approval
166. Existing review or right to review by QCAT
167. Existing declaration or temporary declaration that premises are a prohibited brothel
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
