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
   25.     Automatic cancellation of licence
   26.     Investigating disciplinary action
   27.     Grounds for disciplinary action
   28.     Starting disciplinary action
   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
   51.     Automatic cancellation of certificate
   52.     Investigating disciplinary action
   53.     Grounds for disciplinary action
   54.     Starting disciplinary action
   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 pt 4
   63A.    Integrated Planning Act

           Division 2--Particular provisions about development applications

   63B.    Notification by assessment manager of development application
   64.     When assessment manager must refuse application

           Division 3--Object of appeal divisions

   64A.    Object of appeal divisions

           Division 4--Independent assessor

   64B.    Independent assessor
   64C.    Acting independent assessor
   64D.    Independent assessor remuneration
   64E.    Independent assessor not subject to control
   64F.    Independent assessor's jurisdiction
   64G.    If conflict of interest
   64H.    Protection
   64I.    Assessor's registrar
   64J.    Delegation

           Division 5--Appeals

   64K.    Appeals by applicants

           Division 6--Starting an appeal

   64L.    Starting an appeal
   64M.    Notice of appeal to other parties
   64N.    Development approval suspended until appeals decided
   64O.    Assessment manager to provide documents

           Division 7--Procedure

   64P.    Procedure for deciding appeal
   64Q.    Independent assessor may allow longer period to take step
   64R.    Costs
   64S.    Preliminary assessment
   64T.    Matters the independent assessor may consider in making a decision
   64U.    Appeal decision

           Division 8--General

   64V.    Parties' access to documents

           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

   92.     Definitions for div 4
   93.     Advertising prostitution
   94.     Statements inducing persons to become prostitutes
   95.     Advertising prostitution as massage services
   96.     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

   100.    Establishment of Authority
   101.    Functions of Authority
   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
   108A.   Authority is statutory body under the Financial Accountability Act 2009
   108B.   Authority is statutory body under the Statutory Bodies Financial Arrangements Act 1982
   108C.   Budget
   108D.   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

   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

           Division 3--Staff of the office

   110L.   Office staff

           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
   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--Transitional provision for Prostitution Amendment Act 2001

   142.    Transitional provision about appeals

           Division 2--Transitional provisions for Prostitution Amendment Act 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--Transitional provision for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007

   150.    Continuation of refusal of development applications

           Division 4--Transitional provision for Criminal Code and Other Acts Amendment Act 2008

   151.    References in sch 1 to Criminal Code offences
           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