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TASMANIA
__________
SEX INDUSTRY REGULATION BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 REGISTRATION OF SEXUAL SERVICES BUSINESSES
Division 1 Director to keep register
4. Register of sexual services businesses
5. Inspection of register
6. Operation of sexual services business
7. Effect of disqualifying offences
8. Commercial operator to be fit and proper person
9. Transfer of sexual services business
Division 2 Application for registration, application for transfer or
application for additional commercial operator
10. Form of application for registration
11. Form of application for transfer
12. Form of application for additional commercial operator
Division 3 Notices
13. Duty to notify charge for disqualifying offence
14. Notice of change of information
[Bill 36]-IV
15. Notice of ceasing to operate
Division 4 Registration number
16. Issue of registration number
17. Duty to state registration number in advertisements
18. Offence to display false registration number
PART 3 PLANNING CONTROLS
19. Application of Land Use Planning and Approvals Act 1993
PART 4 OFFENCES
20. Disqualifying offences
21. Inducing provision of sexual services
22. Soliciting and accosting
23. Participation of children
24. Extra-territorial application of offences
25. Child on premises
26. Commercial operator to be present
27. Commercial operator to adopt and promote safe sex practices
28. Sex workers and clients to adopt safe sex practices
29. Requirement to display this Act
PART 5 REVIEWS
30. Reviews
PART 6 MISCELLANEOUS AND SUPPLEMENTAL
31. Power to arrest without warrant
32. Hindering or obstructing police officers or authorised persons
33. Entry by police
34. Delegation
35. False or misleading information
36. Code of practice
37. Evidentiary provision as to code of practice
38. Application of section 22 of Workplace Health and Safety Act
1995
2
39. Regulations
40. Administration of Act
PART 7 CRIMINAL CODE ACT 1924 AMENDED
41. Principal Act
42. Schedule 1 amended (Criminal Code)
PART 8 POLICE OFFENCES ACT 1935 AMENDED
43. Principal Act
44. Section 8 amended (Begging, imposition, prostitution, &c.)
45. Section 10 amended (Disorderly houses)
46. Section 57 amended (Power of police officers to enter certain
places)
SCHEDULE 1 DISQUALIFYING OFFENCES
3
4
SEX INDUSTRY REGULATION BILL 2005
This Public Bill originated in the House of Assembly, and, having this day passed, is now
ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
9 June 2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to promote the welfare and occupational health and
safety of sex workers, to protect children from exploitation
in the sex industry, to safeguard public health and to
amend the Criminal Code Act 1924 and the Police Offences
Act 1935
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Sex Industry
Regulation Act 2005.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 36] 5
s. 3 No. Sex Industry Regulation 2005
3. Interpretation
(1) In this Act, unless the contrary intention
appears
"application for an additional commercial
operator" means an application for
approval as an additional commercial
operator of a sexual services business
under section 12;
"application for registration" means an
application for registration of a sexual
services business under section 10;
"application for transfer" means an
application for approval of the transfer of
a sexual services business under
section 11;
"authorised person" means
(a) the Commissioner of Police or a
person authorised by the
Commissioner in writing to act as
an authorised person for the
purposes of this Act; or
(b) any State Service officer or State
Service employee, appointed for
the purposes of the Consumer
Affairs Act 1988, authorised in
writing by the Director to act as
an authorised person for the
purposes of this Act;
"child" means a person under the age of 18
years;
6
2005 Sex Industry Regulation No. s. 3
"client" means a person who receives any
sexual services in the course of a sexual
services business;
"code of practice" means a code of practice
approved and in force under section 36;
"commencement day" means the day on
which this Act commences;
"commercial operator" means
(a) a person who is not a self-
employed sex worker and who,
whether alone or with another
person, operates, owns or is in
day-to-day control of a sexual
services business; and
(b) if the person referred to in
paragraph (a) is a corporation or a
body corporate, a director, within
the meaning of the Corporations
Act, of that corporation or body
corporate;
"Director" means the Director of Consumer
Affairs and Fair Trading;
"disqualifying offence" means
(a) an offence against a law specified
in Part 1, 3 or 4 of Schedule 1; or
(b) an offence specified in Part 2 of
that Schedule
whether the offence was committed
before or after the commencement day;
7
s. 3 No. Sex Industry Regulation 2005
"prophylactic" means a condom or other
device used to prevent the transmission
of a sexually transmissible infection;
"register" means the register of sexual
services businesses kept by the Director
under section 4;
"registration number" means a registration
number issued in respect of a sexual
services business by the Director under
section 16;
"regulations" means regulations made and in
force under this Act;
"self-employed sex worker" means
(a) a sex worker who solely owns
and operates a sexual services
business; or
(b) a sex worker who, together with
no more than one other sex
worker, neither of whom employs
or manages the other, owns and
operates a sexual services
business;
"sex worker" means a person who provides
sexual services in the course of a sexual
services business;
"sexual intercourse" means sexual
intercourse as defined in section 1 of the
Criminal Code;
"sexual services" means
(a) an act of sexual intercourse; or
8
2005 Sex Industry Regulation No. s. 3
(b) any activity where there is any
form of direct physical contact
between 2 or more persons for
the purpose of the sexual
gratification of one or more of
those persons including, without
limitation, the masturbation of
one person by another;
"sexual services business" means a business
providing sexual services for fee or
reward;
"sexually transmissible infection" means a
disease specified as a sexually
transmissible infection in Table 1 of the
Guidelines for Notifiable Diseases,
Human Pathogenic Organisms and
Contaminants issued by the Director of
Public Health under section 184 of the
Public Health Act 1997.
(2) For the purpose of the definition of "commercial
operator" in subsection (1), a reference to a
commercial operator is taken to include a
reference to
(a) a person who determines
(i) when or where a sex worker will
work; and
(ii) the conditions in which a sex
worker will work; and
(iii) the amount of money, or
proportion of an amount of
money, that a sex worker will
9
s. 3 No. Sex Industry Regulation 2005
receive as payment for sexual
services; and
(b) a person who employs, supervises or is in
day-to-day control of any person referred
to in paragraph (a).
10
2005 Sex Industry Regulation No. s. 4
PART 2 REGISTRATION OF SEXUAL SERVICES
BUSINESSES
Division 1 Director to keep register
4. Register of sexual services businesses
(1) The Director is to keep a register of sexual
services businesses.
(2) On approval of any application under this Act
and on payment of the prescribed fee, the
Director is to enter in the register any
information contained in the application that the
Director considers appropriate.
(3) The Director is to enter in the register a
registration number issued in respect of a sexual
services business.
(4) The Director is to enter in the register any
additional information contained in a notice
referred to in Division 3 that the Director
considers appropriate.
(5) If a commercial operator is convicted of a
disqualifying offence, the Director is to record in
the register a note that the registration of the
sexual services business is cancelled.
(6) If the Director receives a notice of ceasing to
operate under section 15, within 21 days after
receiving that notice, the Director is to remove
any entries in respect of the sexual services
business from the register.
11
s. 5 No. Sex Industry Regulation 2005
5. Inspection of register
(1) The Director is to make the register available for
inspection by any person at the office of the
Director during usual business hours and on
payment of the prescribed fee.
(2) Subsection (1) does not apply to information
contained in the register relating to self-
employed sex workers.
(3) Subsection (2) does not prevent inspection by an
authorised person of information contained in
the register relating to self-employed sex
workers.
(4) The Director is to keep a record of the full name,
position and date of inspection of all authorised
persons who inspect information relating to self-
employed sex workers contained in the register.
6. Operation of sexual services business
(1) A person must not own, operate or exercise day-
to-day control of a sexual services business
unless that sexual services business is registered
in accordance with this Act.
Penalty: In the case of
(a) a person who is not a self-
employed sex worker, a fine
not exceeding 500 penalty
units or imprisonment for a
term not exceeding 5 years, or
both; or
12
2005 Sex Industry Regulation No. s. 7
(b) a person who is a self-
employed sex worker, a fine
not exceeding 100 penalty
units or imprisonment for a
term not exceeding 1 year, or
both.
(2) If, on the commencement day, a person is the
owner or operator of a sexual services business,
or is in day-to-day control of a sexual services
business, subsection (1) does not apply to that
person until 3 months after the commencement
day.
7. Effect of disqualifying offences
(1) If a person named as a proposed commercial
operator in an application for registration, an
application for transfer or an application for an
additional commercial operator of a relevant
sexual services business has been convicted of a
disqualifying offence, the Director must not
(a) register the sexual services business; or
(b) approve the transfer of the sexual
services business; or
(c) approve an additional commercial
operator of the sexual services business.
(2) If a person named as a proposed commercial
operator in an application for registration, an
application for transfer or an application for an
additional commercial operator has been charged
with a disqualifying offence and the charge has
not been finally determined, the Director may
refuse to
13
s. 7 No. Sex Industry Regulation 2005
(a) register the sexual services business; or
(b) approve the transfer of the sexual
services business; or
(c) approve an additional commercial
operator of the sexual services business.
(3) The Director may suspend the registration of a
sexual services business pending the
determination of a charge against the
commercial operator of the sexual services
business for a disqualifying offence.
(4) If a commercial operator is convicted of a
disqualifying offence, he or she ceases, on the
expiration of 30 days after the conviction, to be
entitled to own, operate or exercise day-to-day
control over a sexual services business.
(5) If, on the expiration of 30 days after conviction
and without reasonable excuse, the commercial
operator has not disposed of his or her interest in
the sexual services business or has not ceased to
operate or exercise day-to-day control over that
sexual services business, the Director must
cancel the registration of the sexual services
business.
(6) If the Director refuses to register or cancels the
registration of a sexual services business, refuses
to approve the transfer of a sexual services
business or refuses to approve an additional
commercial operator of a sexual services
business, the Director is to give notice in writing
of his or her decision to the
(a) commercial operator; or
14
2005 Sex Industry Regulation No. s. 8
(b) applicant for the transfer of the sexual
services business; or
(c) proposed additional commercial
operator; or
(d) proposed transferee.
8. Commercial operator to be fit and proper person
(1) On receipt of an application for registration, an
application for transfer or an application for an
additional commercial operator, the Director
must seek an opinion from the Commissioner of
Police as to whether a proposed commercial
operator is a fit and proper person for the
purposes of this Act.
(2) If a person named in an application referred to in
subsection (1) is not, in the opinion of the
Commissioner of Police, a fit and proper person
to be a commercial operator, the Director may
refuse to
(a) register the sexual services business; or
(b) approve the transfer of the sexual
services business; or
(c) approve an additional commercial
operator of the sexual services business.
(3) For the purposes of this section, the
Commissioner of Police may take into account
any criminal intelligence report or other
information about any person applying for
registration as a commercial operator relating to
alleged criminal activity in the nature of a
15
s. 9 No. Sex Industry Regulation 2005
disqualifying offence, whether in Tasmania or
elsewhere, from which it may be reasonably
inferred that the person constitutes a risk to the
safety or health of sex workers or their clients.
(4) If the Director refuses to register, or to approve
the transfer of, or an additional commercial
operator of, a sexual services business as
mentioned in subsection (2), the Director is to
notify the applicant, in writing, of his or her
decision.
(5) Any communication between the Director and
the Commissioner of Police relating to the
question of whether a proposed commercial
operator is a fit and proper person for the
purposes of this Act is exempt from the
provisions of the Freedom of Information Act
1991.
9. Transfer of sexual services business
(1) On application by the commercial operator of a
sexual services business, the Director, subject to
sections 7 and 8, may approve the transfer of the
sexual services business to another person.
(2) The Director is to give written notice of the
approval of, or the refusal to approve, the
transfer to the applicant and to the transferee.
(3) On receipt of the notice and at least 7 days
before the day on which he or she intends to
commence operation of the sexual services
business, the transferee must provide the
Director with written notice of the date on which
the transferee intends to commence operation of
the sexual services business.
16
2005 Sex Industry Regulation No. s. 10
Penalty: Fine not exceeding 50 penalty units.
(4) A commercial operator of a sexual services
business must not transfer the business to
another person, or allow another person to use
the registration number issued to that business,
unless an application for transfer of the sexual
services business to that person has been
approved by the Director.
Penalty: Fine not exceeding 50 penalty units.
Division 2 Application for registration, application for
transfer or application for additional commercial operator
10. Form of application for registration
(1) An application for registration of a sexual
services business is to be in a form approved by
the Director and
(a) is to be lodged with the Director; and
(b) is to contain any information that the
Director may require relating to the
following:
(i) the name of the sexual services
business;
(ii) the full name, including any
previous name, of each proposed
commercial operator or the name,
including any previous name, of
each self-employed sex worker to
be involved in the sexual services
business;
17
s. 10 No. Sex Industry Regulation 2005
(iii) the date of birth of each proposed
commercial operator or each self-
employed sex worker to be
involved in the sexual services
business;
(iv) the address, if any, at which the
sexual services business will be
operated or any other address
proposed to be used for the
purpose of the sexual services
business;
(v) the residential address of each
proposed commercial operator or
each self-employed sex worker to
be involved in the sexual services
business;
(vi) the operation of the sexual
services business; and
(c) is to be accompanied by the prescribed
proof of identity of each proposed
commercial operator or self-employed
sex worker to be involved in the sexual
services business; and
(d) is to be accompanied by the prescribed
fee.
(2) An application for registration under
subsection (1) is to be accompanied by an
authorisation, in a form approved by the
Director, from each person named in the
application as a proposed commercial operator to
be involved in the sexual services business,
allowing the Director to obtain
18
2005 Sex Industry Regulation No. s. 11
(a) if there is a criminal record for that
person, a copy of that criminal record;
and
(b) an opinion from the Commissioner of
Police under section 8 as to whether the
proposed commercial operator is a fit and
proper person for the purposes of this
Act.
11. Form of application for transfer
(1) An application for approval of the transfer of a
sexual services business is to be in a form
approved by the Director and
(a) is to be lodged with the Director; and
(b) is to contain any information that the
Director may require relating to the
following:
(i) the name of the sexual services
business;
(ii) the full name, including any
previous name, of each proposed
commercial operator of the
sexual services business;
(iii) the date of birth of each proposed
commercial operator of the
sexual services business;
(iv) the address, if any, at which the
sexual services business will be
operated or any other address
proposed to be used for the
19
s. 11 No. Sex Industry Regulation 2005
purpose of the sexual services
business;
(v) the residential address of each
proposed commercial operator of
the sexual services business;
(vi) the operation of the sexual
services business; and
(c) is to be accompanied by the prescribed
proof of identity of each proposed
commercial operator of the sexual
services business; and
(d) is to be accompanied by the prescribed
fee.
(2) An application for approval of a transfer under
subsection (1) is to be accompanied by an
authorisation, in a form approved by the
Director, from each proposed commercial
operator of the sexual services business,
allowing the Director to obtain
(a) if there is a criminal record for that
proposed commercial operator, a copy of
that criminal record; and
(b) an opinion from the Commissioner of
Police under section 8 as to whether the
proposed commercial operator is a fit and
proper person for the purposes of this
Act.
20
2005 Sex Industry Regulation No. s. 12
12. Form of application for additional commercial
operator
(1) A person who is not named in an application for
registration or an application for transfer and
who proposes to act as an additional commercial
operator of any sexual services business must
make an application for approval as an
additional commercial operator of that sexual
services business.
(2) An application for an additional commercial
operator is to be in a form approved by the
Director and
(a) is to be lodged with the Director; and
(b) is to contain a statement that the existing
commercial operator or at least one of the
existing commercial operators approves
of the proposed additional commercial
operator; and
(c) is to contain any information that the
Director may require relating to the
following:
(i) the name of the sexual services
business;
(ii) the full name, including any
previous name, of the proposed
commercial operator;
(iii) the date of birth of the proposed
commercial operator;
(iv) the address, if any, at which the
sexual services business will be
operated or any other address
21
s. 12 No. Sex Industry Regulation 2005
proposed to be used for the
purpose of the sexual services
business;
(v) the residential address of the
proposed commercial operator;
(vi) the operation of the sexual
services business; and
(d) is to be accompanied by the prescribed
proof of identity of the proposed
commercial operator; and
(e) is to be accompanied by the prescribed
fee.
(3) An application for an additional commercial
operator under subsection (1) is to be
accompanied by an authorisation, in a form
approved by the Director, from the proposed
additional commercial operator of the sexual
services business, allowing the Director to
obtain
(a) if there is a criminal record for that
proposed additional commercial
operator, a copy of that criminal record;
and
(b) an opinion from the Commissioner of
Police under section 8 as to whether the
proposed additional commercial operator
is a fit and proper person for the purposes
of this Act.
22
2005 Sex Industry Regulation No. s. 13
Division 3 Notices
13. Duty to notify charge for disqualifying offence
If a commercial operator is charged with a
disqualifying offence, he or she must, within 7
days, give written notice to the Director of the
details of the charge.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 12 months, or both.
14. Notice of change of information
(1) In this section
"registration details" means any information
provided to the Director in an application
for registration, an application for
transfer or an application for an
additional commercial operator.
(2) If there is any change in the registration details
relating to a commercial operator or a self-
employed sex worker, he or she must give
written notice of that change to the Director.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding
6 months, or both.
(3) Written notice under subsection (2) is to be
given within 7 days after the day on which the
registration details changed.
(4) If there are 2 or more commercial operators or 2
self-employed sex workers involved in the
23
s. 15 No. Sex Industry Regulation 2005
sexual services business, it is sufficient if one of
them complies with this section.
15. Notice of ceasing to operate
(1) If a sexual services business ceases to operate,
the commercial operator or a self-employed sex
worker who was involved in the sexual services
business immediately before it ceased to operate
must give written notice of the cessation to the
Director within 30 days.
Penalty: Fine not exceeding 10 penalty units.
(2) If there were 2 or more commercial operators or
2 self-employed sex workers involved in the
sexual services business, it is sufficient if one of
them complies with this section.
Division 4 Registration number
16. Issue of registration number
(1) Subject to this Division, on the registration of a
sexual services business, the Director is to issue
a registration number in respect of that sexual
services business.
(2) A registration number previously issued under
subsection (1) is to remain in force if the
Director receives
(a) an application for transfer; or
(b) an application for an additional
commercial operator.
24
2005 Sex Industry Regulation No. s. 17
17. Duty to state registration number in advertisements
In any advertisement relating to a sexual services
business, the commercial operator or a self-
employed sex worker involved in the sexual
services business must state the registration
number of the sexual services business.
Penalty: Fine not exceeding 20 penalty units.
18. Offence to display false registration number
A commercial operator or a self-employed sex
worker must not display in any advertisement
relating to, or in connection with, a sexual
services business any registration number other
than the registration number issued under
section 16 of that sexual services business.
Penalty: Fine not exceeding 50 penalty units.
25
s. 19 No. Sex Industry Regulation 2005
PART 3 PLANNING CONTROLS
19. Application of Land Use Planning and Approvals Act
1993
Nothing in this Act exempts a person from any
requirement to obtain a permit under the Land
Use Planning and Approvals Act 1993 in respect
of the operation of a sexual services business.
26
2005 Sex Industry Regulation No. s. 20
PART 4 OFFENCES
20. Disqualifying offences
(1) A person who has been convicted of a
disqualifying offence must not
(a) act as a commercial operator; or
(b) enter or remain on the premises of a
sexual services business otherwise than
as a bona fide client or as a sex worker.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 12 months, or both.
(2) Subsection (1) does not apply to a person who is
lawfully acting as a commercial operator at the
time he or she is convicted of a disqualifying
offence until 30 days after the date of that
conviction.
(3) Any commercial operator (in this section called
"the joint commercial operator") who is involved
in the same sexual services business as a person
mentioned in subsection (1) commits an offence
if
(a) the commercial operator mentioned in
subsection (1) becomes, or continues 30
days after the date of conviction to be, a
commercial operator in the sexual
services business; and
(b) the joint commercial operator knows or
must reasonably know that the person
who is acting as or continuing as a
27
s. 21 No. Sex Industry Regulation 2005
commercial operator is a person who has
been convicted as mentioned in
subsection (1); and
(c) the joint commercial operator allows that
person who has been convicted as
mentioned in subsection (1) to be, or to
remain on, the premises of a sexual
services business otherwise than as a
bona fide client or sex worker when the
joint commercial operator knows or must
reasonably know that the person has been
convicted of a disqualifying offence.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 12 months, or both.
21. Inducing provision of sexual services
(1) A person must not, for the purpose of inducing
any person to provide, or to continue to provide,
sexual services in the course of a sexual services
business
(a) intimidate, assault or threaten to assault
any person; or
(b) supply or offer to supply a prohibited
plant, prohibited substance, narcotic
substance or restricted substance, as
defined in the Poisons Act 1971, to any
person; or
(c) supply or offer to supply a controlled
substance, as defined in the
Misuse of Drugs Act 2001, to any person;
or
28
2005 Sex Industry Regulation No. s. 21
(d) administer or cause another person to
take any drug or other substance with the
intent to stupefy or overpower that
person; or
(e) make a false representation or otherwise
act fraudulently; or
(f) threaten to cause a person to be deported;
or
(g) exert any other form of unreasonable or
unfair pressure on any person.
Penalty: Fine not exceeding 1 500 penalty units
or imprisonment for a term not
exceeding 15 years.
(2) A person must not, for the purpose of inducing
any person to provide or continue to provide him
or her with any fee or reward derived, directly or
indirectly, from the provision of sexual
services
(a) intimidate, assault or threaten to assault
any person; or
(b) supply or offer to supply a prohibited
plant, prohibited substance, narcotic
substance or restricted substance, as
defined in the Poisons Act 1971, to any
person; or
(c) supply or offer to supply a controlled
substance, as defined in the
Misuse of Drugs Act 2001, to any person;
or
(d) administer or cause another person to
take any drug or other substance with the
29
s. 22 No. Sex Industry Regulation 2005
intent to stupefy or overpower that
person; or
(e) make a false representation or otherwise
act fraudulently; or
(f) threaten to cause a person to be deported;
or
(g) exert any other form of unreasonable or
unfair pressure on any person.
Penalty: Fine not exceeding 1 500 penalty units
or imprisonment for a term not
exceeding 15 years.
22. Soliciting and accosting
(1) A person must not, for the purpose of offering or
procuring sexual services, accost any person, or
solicit or loiter, in a public place.
Penalty: Fine not exceeding 20 penalty units.
(2) A person must not, for the purpose of offering or
procuring sexual services, accost a child.
Penalty: Fine not exceeding 300 penalty units
or imprisonment for a term not
exceeding 3 years, or both.
23. Participation of children
(1) A person must not procure or otherwise cause or
permit a child to provide sexual services in the
course of a sexual services business.
30
2005 Sex Industry Regulation No. s. 24
Penalty: Imprisonment for a term not exceeding
15 years.
(2) A person must not receive a fee or reward that he
or she knows, or must reasonably be expected to
know, is derived, directly or indirectly, from
sexual services provided by a child in the course
of a sexual services business.
Penalty: Imprisonment for a term not exceeding
15 years.
(3) Subsection (2) does not apply to a fee or reward
received in the ordinary course of a business that
is not a sexual services business.
(4) In a proceeding for an offence against
subsection (1)
(a) it is not necessary for the prosecution to
prove that the accused knew that the
person concerned was a child; and
(b) it is a defence to the charge for the
accused to prove that, having taken all
reasonable steps to find out the age of the
person concerned, the accused believed
on reasonable grounds, at the time the
offence is alleged to have been
committed, that the person concerned
was of or over the age of 18 years.
24. Extra-territorial application of offences
(1) If
31
s. 25 No. Sex Industry Regulation 2005
(a) a person does an act or thing referred to
in section 21 or 23 outside, or partly
outside, Tasmania; and
(b) there is a real and substantial link, within
the meaning of subsection (2), between
doing the act or thing and Tasmania
section 21 or 23 applies to that act or thing as if
it had been done wholly within Tasmania.
(2) For the purpose of subsection (1), there is a real
and substantial link with Tasmania
(a) if a significant part of the conduct
relating to, or constituting, the doing of
the act or thing occurred in Tasmania; or
(b) where the act or thing was done wholly
outside Tasmania or partly within
Tasmania, if substantial harmful effects
arose in Tasmania.
25. Child on premises
(1) A commercial operator of a sexual services
business must not permit a child to be on any
premises used for the operation of the sexual
services business.
Penalty: Fine not exceeding 50 penalty units.
(2) A self-employed sex worker must not, without
reasonable excuse, permit a child to be on any
premises used by the self-employed sex worker
while sexual services are being provided on
those premises.
Penalty: Fine not exceeding 20 penalty units.
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2005 Sex Industry Regulation No. s. 26
26. Commercial operator to be present
A commercial operator of a sexual services
business must be present on the premises of that
sexual services business at all times when any
sexual services are being provided.
Penalty: Fine not exceeding 20 penalty units.
27. Commercial operator to adopt and promote safe sex
practices
(1) A commercial operator must take all reasonable
steps
(a) to ensure that no person provides or
receives, in the course of a sexual
services business, sexual services that
involve sexual intercourse, or any other
activity with a similar or greater risk of
transmitting a sexually transmissible
infection, unless a prophylactic is used;
and
(b) to provide health information, whether
oral or written, to sex workers and
clients; and
(c) to minimise the risk of sex workers and
clients acquiring or transmitting a
sexually transmissible infection; and
(d) to ensure that a prohibited substance as
defined in the Poisons Act 1971 or a
controlled substance as defined in the
Misuse of Drugs Act 2001 is not used on
the relevant premises; and
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s. 28 No. Sex Industry Regulation 2005
(e) to ensure that no person provides sexual
services in the course of a sexual services
business while affected by
(i) a prohibited substance as defined
in the Poisons Act 1971; or
(ii) a controlled substance as defined
in the Misuse of Drugs Act 2001.
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 500 penalty units;
or
(b) an individual, a fine not
exceeding 500 penalty units or
imprisonment for a term not
exceeding 5 years, or both.
(2) Sections 9 and 14B of the Workplace Health and
Safety Act 1995 do not apply in respect of the
matters referred to in this section.
28. Sex workers and clients to adopt safe sex practices
(1) A person must not, in the course of a sexual
services business, provide or receive any sexual
services that involve sexual intercourse, or any
other activity with a similar or greater risk of
acquiring or transmitting a sexually
transmissible infection, unless a prophylactic is
used.
Penalty: Fine not exceeding 500 penalty units.
(2) A person, while providing or receiving, in the
course of a sexual services business, sexual
34
2005 Sex Industry Regulation No. s. 29
services that involve sexual intercourse, or any
other activity with a similar or greater risk of
acquiring or transmitting a sexually
transmissible infection, must not
(a) discourage the use of prophylactics; or
(b) misuse, damage or interfere with the
efficacy of any prophylactic used; or
(c) continue to use a prophylactic that he or
she knows, or could reasonably be
expected to know, is damaged.
Penalty: Fine not exceeding 500 penalty units.
(3) A person who provides or receives sexual
services in the course of a sexual services
business must take all reasonable steps to
minimise the risk of acquiring or transmitting a
sexually transmissible infection.
Penalty: Fine not exceeding 500 penalty units.
(4) Sections 13, 14B, 16 and 20 of the Workplace
Health and Safety Act 1995 do not apply in
respect of the matters referred to in this section.
29. Requirement to display this Act
(1) A commercial operator must display in a
prominent position on the premises, if any, on
which a sexual services business is operated
(a) a copy of this Act, the regulations and
any code of practice approved under
section 36; and
35
s. 29 No. Sex Industry Regulation 2005
(b) the registration number issued in respect
of that sexual services business; and
(c) any other information that the Director
considers necessary for the purposes of
this Act.
Penalty: Fine not exceeding 20 penalty units.
(2) A sex worker, when providing sexual services in
the course of a sexual services business operated
by a commercial operator otherwise than at the
premises of that sexual services business, must
(a) carry a card clearly displaying the
registration number of the sexual services
business; and
(b) show the card to a client if requested to
do so.
Penalty: Fine not exceeding 20 penalty units.
(3) A self-employed sex worker, when providing
sexual services in the course of his or her
business, must
(a) carry a card clearly displaying the
registration number of the sexual services
business; and
(b) show the card to a client if requested to
do so.
Penalty: Fine not exceeding 20 penalty units.
36
2005 Sex Industry Regulation No. s. 30
PART 5 REVIEWS
30. Reviews
(1) A person may apply to the Magistrates Court
(Administrative Appeals Division) for a review
of
(a) a refusal to register, or approve the
transfer of, a sexual services business
under section 7(2) or section 8(2); or
(b) a suspension or cancellation of the
registration of a sexual services business
under section 7(3) or (5); or
(c) a refusal to approve an additional
commercial operator under section 7(2)
or section 8(2).
(2) For the purpose of applying for a review, the
date when the decision which is the subject of
the application was made is taken to be the day
on which a notice is received under section 7(6)
or section 9(2).
(3) The following provisions of the Magistrates
Court (Administrative Appeals Division) Act
2001 do not apply to an application to the
Magistrates Court (Administrative Appeals
Division) for a review of a decision referred to in
subsection (1):
(a) Division 1 of Part 4;
(b) section 21.
(4) In determining an application for a review of a
decision referred to in subsection (1), the
37
s. 30 No. Sex Industry Regulation 2005
Magistrates Court (Administrative Appeals
Division)
(a) in order to prevent the disclosure of any
criminal intelligence report or other
information referred to in section 8(3), is
to receive evidence and hear argument in
the absence of the public, the applicant
for the review and the applicant's
representative; and
(b) may hear evidence from the
Commissioner of Police (or his or her
nominee) in respect of any such criminal
intelligence report or other information;
and
(c) is to ensure that it does not, in the
reasons for its decision or otherwise,
disclose the existence or content of any
such criminal intelligence report or
information.
38
2005 Sex Industry Regulation No. s. 31
PART 6 MISCELLANEOUS AND SUPPLEMENTAL
31. Power to arrest without warrant
(1) A police officer may arrest, without warrant, a
person who the police officer reasonably
believes is committing, has committed or is
likely to commit an offence against section 21,
22, 23 or 25.
(2) If a police officer or an authorised officer has
reasonable grounds for believing that a person is
committing, has committed or is likely to
commit an offence under this Act, the police
officer or the authorised officer may require that
person to give his or her full name, address and
date of birth.
(3) If a police officer has requested a person under
subsection (2) to give the person's full name,
address and date of birth, the police officer may
arrest, without warrant, that person if
(a) that person refuses to give his or her full
name, address or date of birth; or
(b) the police officer reasonably believes that
any name, address or date of birth given
by that person is false or incomplete.
(4) The powers conferred by this section are in
addition to the powers of a police officer under
the common law.
39
s. 32 No. Sex Industry Regulation 2005
32. Hindering or obstructing police officers or
authorised persons
A person must not hinder or obstruct a police
officer or authorised person acting in the
exercise of powers conferred by this Act.
Penalty: In the case of
(a) a first offence, a fine not
exceeding 25 penalty units;
and
(b) a second or subsequent
offence, a fine not exceeding
50 penalty units.
33. Entry by police
(1) A police officer of the rank of sergeant or above
or an authorised person may enter without
warrant on the premises of a sexual services
business if he or she believes on reasonable
grounds that
(a) an offence against section 21, 22, 23 or
25 has been, is being or is likely to be
committed on the premises; and
(b) it is necessary to enter on the premises
for the purpose of preventing the
commission or repetition of that offence,
investigating that offence or
apprehending an offender.
(2) A police officer of the rank of sergeant or above
or an authorised person may enter without
warrant on any premises if he or she believes on
40
2005 Sex Industry Regulation No. s. 34
reasonable grounds that the premises are being
used for the purposes of an unregistered sexual
services business.
(3) A police officer of the rank of sergeant or above
or an authorised person may use reasonable
force if necessary to enter on premises under
subsection (1) or (2) and may be accompanied
by another person or persons if necessary for the
purposes of the entry.
(4) The powers conferred by this section may be
exercised by a police officer below the rank of
sergeant if it is necessary to do so in order to
prevent the imminent commission of an offence
against section 21, 22, 23 or 25.
34. Delegation
The Director may, by instrument in writing,
delegate any of his or her functions or powers
under this Act, other than this power of
delegation, to any other State Service officer or
State Service employee.
35. False or misleading information
A person must not, in respect of an application
for registration, an application for transfer, an
application for an additional commercial
operator or any notice given to the Director
under this Act
(a) give information that the person knows is
false or misleading; or
41
s. 36 No. Sex Industry Regulation 2005
(b) omit any matter from the notice or
application knowing that without that
matter the notice or application is false or
misleading; or
(c) fail to disclose relevant information of
which the person has knowledge.
Penalty: Fine not exceeding 50 penalty units.
36. Code of practice
(1) For the purpose of providing practical guidance
to commercial operators, self-employed sex
workers and any other persons on whom a duty
is imposed under this Act, the Minister may
approve and publish a code of practice consistent
with this Act and relating to the conduct of a
sexual services business.
(2) A code of practice may consist of any code,
standard, rule, specification or provision relating
to workplace health and safety formulated,
prepared or adopted by the Director and may
apply, incorporate or refer to any document
formulated, amended or published from time to
time by any body or authority whether in
Tasmania or elsewhere.
(3) The Minister may approve any revision of the
whole or a part of a code of practice or revoke a
code of practice.
(4) The Minister must give notice in the Gazette and
in 3 daily newspapers published and circulating
generally in Tasmania of
(a) the approval of a code of practice; or
42
2005 Sex Industry Regulation No. s. 36
(b) the approval of the revision of the whole
or a part of a code of practice; or
(c) the revocation of a code of practice.
(5) A notice under subsection (4) is not a statutory
rule within the meaning of the Rules Publication
Act 1953.
(6) The Director must cause to be made available for
inspection by members of the public without
charge during normal office hours a copy of
(a) each approved code of practice; and
(b) if an approved code of practice has been
revised and the revision has been
approved, the approved code of practice
as so revised; and
(c) if an approved code of practice applies,
incorporates or refers to any other
document, that other document.
(7) An approved code of practice and any approved
revision of a code of practice have effect on the
day on which notice of the approval is published
in the Gazette.
(8) An approved code of practice ceases to have
effect on the day on which notice of the
revocation of the code is published in the
Gazette.
(9) A person is not liable to any civil or criminal
proceedings merely because he or she has failed
to observe any provision of a code of practice
approved under this section.
43
s. 37 No. Sex Industry Regulation 2005
37. Evidentiary provision as to code of practice
If, in any proceedings under this Act, it is
alleged that a person contravened a provision of
this Act in respect of which an approved code of
practice was in effect at the time of the alleged
contravention, a document purporting to be that
code of practice is admissible in evidence in
those proceedings.
38. Application of section 22 of Workplace Health and
Safety Act 1995
Section 22 of the Workplace Health and Safety
Act 1995 does not apply to a sexual services
business registered under this Act.
39. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may be made in relation to one or
more of the following:
(a) fees and charges to be paid in respect of
any matter under this Act;
(b) the workplace health and safety of sexual
services businesses;
(c) the inspection of sexual services
businesses to ensure compliance with
this Act and any relevant code of
practice;
44
2005 Sex Industry Regulation No. s. 40
(d) the size, form and content of
advertisements relating to sexual services
businesses.
(3) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
40. Administration of Act
Until provision is made in respect of this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Justice and Industrial
Relations; and
(b) the department responsible to that
Minister in respect of the administration
of this Act is the Department of Justice.
45
s. 41 No. Sex Industry Regulation 2005
PART 7 CRIMINAL CODE ACT 1924 AMENDED
41. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
42. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting section 128;
(b) by omitting from section 143(1)
"common bawdy-house,";
(c) by omitting subsection (2) from section
143.
*No. 69 of 1924
46
2005 Sex Industry Regulation No. s. 43
PART 8 POLICE OFFENCES ACT 1935 AMENDED
43. Principal Act
In this Part, the Police Offences Act 1935* is
referred to as the Principal Act.
44. Section 8 amended (Begging, imposition,
prostitution, &c.)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting paragraph (c) from
subsection (1);
(b) by omitting paragraphs (b) and (c) from
subsection (1A).
45. Section 10 amended (Disorderly houses)
Section 10(1) of the Principal Act is amended by
omitting paragraph (b).
46. Section 57 amended (Power of police officers to
enter certain places)
Section 57(1)(d) of the Principal Act is amended
as follows:
(a) by omitting "common brothel or house
for the reception of prostitutes, or any";
*No. 44 of 1935
47
s. 46 No. Sex Industry Regulation 2005
(b) by omitting "loose and".
48
2005 Sex Industry Regulation No. sch. 1
SCHEDULE 1 DISQUALIFYING OFFENCES
Section 3
PART 1 OFFENCES UNDER TASMANIAN AND
COMMONWEALTH LAWS
1. A provision of Part 8 of the Classification
(Publications, Films and Computer Games)
Enforcement Act 1995.
2. Divisions 2 and 4 of Part IIIA and section 85ZE
of the Crimes Act 1914 of the Commonwealth.
3. Division 270 of Chapter 8, Division 360 of
Chapter 9 and Division 400 of Chapter 10 of the
Criminal Code Act 1995 of the Commonwealth.
4. Sections 9, 10, 11, 24, 25, 26, 48, 56, 81, 84 and
85 of the Firearms Act 1996.
5. Section 20 of the HIV/AIDS Preventive
Measures Act 1993.
6. Section 106I of the Justices Act 1959.
7. Sections 232A, 233(1) or 233A of the Migration
Act 1958 of the Commonwealth.
49
sch. 1 No. Sex Industry Regulation 2005
8. Sections 20, 21, 26, 27 and 28 of the Misuse of
Drugs Act 2001 and an offence under Part 2 of
that Act.
9. Sections 46, 47, 55 and 83B of the Poisons Act
1971.
10. Sections 7A and 35(1) and (2) of the Police
Offences Act 1935.
11. Section 51 of the Public Health Act 1997.
12. A law of the Commonwealth, a State or a
Territory corresponding to an offence mentioned
in Part 1, 3 or 4.
13. A law of the Commonwealth corresponding to
section 299 or 300 of the Criminal Code relating
to an offence mentioned in item 7.
PART 2 OFFENCES UNDER FOREIGN LAWS
1. Kinds of offences
(1) An offence that consists of or involves
(a) murder; or
(b) torture, abduction or kidnapping; or
(c) sexual assault; or
50
2005 Sex Industry Regulation No. sch. 1
(d) sexual servitude; or
(e) pornography involving a child; or
(f) violence, intimidation or coercion
relating to prostitution; or
(g) causing serious physical harm to another
person; or
(h) money laundering; or
(i) illegal immigration; or
(j) supplying illegal drugs; or
(k) drug trafficking; or
(l) identity fraud.
(2) An offence that consists of, or involves, in
respect of an offence mentioned in
subclause (1)
(a) aiding and abetting the commission of
the offence; or
(b) being an accessory after the fact; or
(c) attempting to, inciting a person to or
conspiring to commit the offence.
PART 3 OFFENCES UNDER THIS ACT
Column 1 Column 2 Column 3
Item Section Description
1. section 21 duress used to induce person
to provide sexual services
51
sch. 1 No. Sex Industry Regulation 2005
Column 1 Column 2 Column 3
2. section 22(2) accost child for the purpose
of offering or procuring
sexual services
3. section 23(1) cause or permit child to
provide sexual services
4. section 23(2) receive proceeds of child
prostitution
5. section 25 permit child on premises of
sexual services business
6. section 27 commercial operator not
adopt and promote safe sex
practices
PART 4 OFFENCES UNDER THE CRIMINAL CODE
Item number Part Chapter Section
1. IV XIV All
2. V XVII All
3. V XVIII 168, 169, 170,
172, 175, 176,
178, 178A,
178B
4. V XIX All
5. V XX All
6. VI XXIV, XXV, All
XXVI,
XXVII
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2005 Sex Industry Regulation No. sch. 1
Item number Part Chapter Section
7. VI XXXI 267, 268, 269,
269A, 276,
276AA
8. VI XXXIIB All
9. VIII XXXV All sections
which relate
to charges
listed
elsewhere in
this Part
Government Printer, Tasmania 53