Tasmanian Consolidated Acts

SEX INDUSTRY OFFENCES ACT 2005 - SECT 3

      (1) In this Act, unless the contrary intention appears –

"child" means a person under the age of 18 years;

"commercial operator" means –

(a) a person who is not a self-employed sex worker and who, whether alone or with another person, operates, owns, manages 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;

"commercial sexual services business" means a sexual services business operated or managed by a commercial operator;

"prophylactic" means a condom or other device used to prevent the transmission of a sexually transmissible infection;

"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 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

(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 a reference to –

(a) a person who determines any one or more of the following:

(i) when or where a sex worker will work;

(ii) the conditions in which a sex worker will work;

(iii) the amount of money, or proportion of an amount of money, that a sex worker will receive as payment for sexual services; or

(b) a person who employs, supervises or is in day-to-day control of any person referred to in paragraph (a).