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PARLIAMENT OF VICTORIA
Prostitution Control and Other Matters
Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO PROSTITUTION CONTROL ACT
1994 3
3 Definitions 3
4 Special provision for small owner-operated businesses 4
5 Circumstances in which Authority must refuse licence
application 4
6 New sections 42 and 42A inserted 4
42 Requirement for licensee to be in effective control of
business 4
42A Absence of licensee 5
7 Licence cancellation 6
8 Disciplinary action against licensee 7
9 Disciplinary powers of Tribunal 7
10 Circumstances in which Authority must refuse approval or
renewal application 8
11 Entry to unlicensed premises--search warrant 8
12 Regulations 8
13 Persons not to have an interest in more than one brothel licence
or permit 8
14 Amendment of permits under the Planning and Environment
Act 1987 9
15 Offences under Planning and Environment Act 1987 9
16 New section 85A inserted 10
85A What constitutes evidence of proscribed brothel 10
17 New section 89A inserted 11
89A Power to serve an infringement notice 11
18 New section 93 inserted 12
93 Prostitution Control and Other Matters
Amendment Act 2008 12
19 Disciplinary offences 13
561241B.I-7/10/2008 i BILL LA INTRODUCTION 7/10/2008
Clause Page
PART 3--AMENDMENTS TO SECOND-HAND DEALERS
AND PAWNBROKERS ACT 1989 15
20 Definitions 15
21 Police powers generally 15
PART 4--REPEAL 17
22 Repeal of amending Act 17
ENDNOTES 18
561241B.I-7/10/2008 ii BILL LA INTRODUCTION 7/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Prostitution Control and Other Matters
Amendment Bill 2008
A Bill for an Act to amend the Prostitution Control Act 1994 and the
Second-Hand Dealers and Pawnbrokers Act 1989 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Prostitution Control Act
5 1994--
(i) to provide for relatives of a licensee
and approved manager who are
involved in the business of the licensee
or approved manager to be considered
561241B.I-7/10/2008 1 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 1--Preliminary
s. 2
"associates" for the purposes of the Act;
and
(ii) to introduce offences relating to a
licensee being in effective control of a
5 business; and
(iii) to provide for inspectors under the Act
to issue infringement notices for
prescribed offences; and
(iv) for other purposes; and
10 (b) to amend the Second-Hand Dealers and
Pawnbrokers Act 1989 to provide for a
second-hand dealer or pawnbroker to
produce required documents in hard copy
form and for other purposes.
15 2 Commencement
(1) This Act, other than sections 3(3), 3(4), 4, 5, 6, 7,
8, 10, 13 and 15 comes into operation on the day
after the day on which it receives the Royal
Assent.
20 (2) Sections 3(3), 3(4), 4, 5, 6, 7, 8, 10, 13 and 15
come into operation on a day or days to be
proclaimed.
(3) If sections 3(3), 3(4), 4, 5, 7(3), 10, 13 and 15 do
not come into operation on or before 1 March
25 2009, they come into operation on that day.
(4) If sections 6, 7(1), 7(2) and 8 do not come into
operation on or before 1 January 2010, they come
into operation on that day.
__________________
561241B.I-7/10/2008 2 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 3
PART 2--AMENDMENTS TO PROSTITUTION CONTROL
ACT 1994
3 Definitions
(1) In section 3(1) of the Prostitution Control Act See:
Act No.
5 1994, in the definition of brothel, after "business 102/1994.
of" insert "offering or". Reprint No. 6
as at
1 May 2008
(2) In section 3(1) of the Prostitution Control Act and
1994, in the definition of escort agency-- amending
Act Nos
(a) after "business of" insert "offering or"; 16/2004,
4/2008,
10 (b) after "facilitating the" insert "offer or". 12/2008,
24/2008 and
46/2008.
(3) In section 3(1) of the Prostitution Control Act LawToday:
1994 insert the following definition-- www.
legislation.
"relative, in relation to a person, means-- vic.gov.au
(a) the spouse or domestic partner of the
15 person; or
(b) a parent, son, daughter, brother or sister
of the person; or
(c) a parent, son, daughter, brother or sister
of the spouse or domestic partner of the
20 person;".
(4) In section 3(1) of the Prostitution Control Act
1994 insert the following definition--
"uninvolved relative means a relative of a person
who--
25 (a) is not, and has never been involved in
any business of the person involving
prostitution; or
(b) does not propose to be involved in the
business that the person proposes to
30 conduct as licensee or supervise as
approved manager;".
561241B.I-7/10/2008 3 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 4
4 Special provision for small owner-operated
businesses
In section 23(3)(b)(i) of the Prostitution Control
Act 1994, for "spouse or domestic partner"
5 substitute "relative (other than an uninvolved
relative)".
5 Circumstances in which Authority must refuse
licence application
(1) In section 37(2)(a) of the Prostitution Control
10 Act 1994, for "spouse or domestic partner"
substitute "relative (other than an uninvolved
relative)".
(2) In section 37(3)(a) of the Prostitution Control
Act 1994, for "spouse or domestic partner"
15 substitute "relative (other than an uninvolved
relative)".
6 New sections 42 and 42A inserted
After section 41 of the Prostitution Control Act
1994 insert--
20 "42 Requirement for licensee to be in effective
control of business
(1) A licensee of a brothel must be regularly and
usually in charge at the brothel.
Penalty: 60 penalty units.
25 (2) A licensee of a brothel must give regular and
substantial attendance at the brothel.
Penalty: 60 penalty units.
(3) A licensee must properly control and
supervise any approved manager appointed
30 in respect of the licensee's business.
Penalty: 60 penalty units.
561241B.I-7/10/2008 4 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 6
(4) A licensee must take reasonable steps to
ensure that any approved manager,
employee, independent contractor or any
other person connected with the licensee's
5 business complies with the provisions of this
Act and any other laws relevant to the
conduct of the business while the licensee is
engaged in that business.
Penalty: 60 penalty units.
10 (5) A licensee must establish procedures
designed to ensure that the licensee's
business is conducted in accordance with the
law and in a suitable manner.
Penalty: 60 penalty units.
15 (6) A licensee must monitor the conduct of the
licensee's business in a manner that will
ensure, as far as is practicable, that those
procedures are complied with.
Penalty: 60 penalty units.
20 (7) If a business is run by more than one
licensee, each licensee must ensure that at
least one licensee is nominated as the
licensee in effective control of the business
at any one time and notify the Authority in
25 writing of the nomination as soon as is
practicable.
Penalty: 60 penalty units.
42A Absence of licensee
(1) A licensee does not commit an offence under
30 section 42(1) or 42(2) if the person complies
with this section.
561241B.I-7/10/2008 5 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 7
(2) If a licensee of a business is to be absent
from the business--
(a) for more than 7 days but less than
30 days, the licensee must notify the
5 Authority in writing of the absence as
soon as is practicable and in that notice
nominate a licensee or approved
manager to be in effective control of
the business during the licensee's
10 absence;
(b) for more than 30 days, the licensee
must apply in writing to the Authority
to appoint a nominated licensee or an
approved manager to be in effective
15 control of the business during the
licensee's absence.
(3) In determining an application under
subsection (2)(b), the Authority must take
into account any prescribed matters.
20 (4) If the Authority is satisfied that a person
nominated under subsection (2) is capable of
managing the business, it may approve and
permit that person to be in effective control
of the business for a period specified by the
25 Authority.".
7 Licence cancellation
(1) In section 47(1)(g) of the Prostitution Control
Act 1994, for "1986." substitute "1986; or".
(2) After section 47(1)(g) of the Prostitution Control
30 Act 1994 insert--
"(h) the licensee is convicted or found guilty of
an offence against section 42.".
561241B.I-7/10/2008 6 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 8
(3) After section 47(2) of the Prostitution Control
Act 1994 insert--
"(3) If at any time while the licence is in force
one of the matters referred to in
5 subsection (1) occurs to the licensee, the
licensee must give particulars of the matter
to the Authority in writing signed by the
licensee within 10 days of the matter
occurring, unless the licensee has a
10 reasonable excuse.
Penalty: 60 penalty units.".
8 Disciplinary action against licensee
(1) After section 48(3)(f) of the Prostitution Control
Act 1994 insert--
15 "(fa) the effective control of the licensed business
is not, or is unlikely to remain, with the
licensee; or".
(2) After section 48(5) of the Prostitution Control
Act 1994 insert--
20 "(6) For the purposes of subsection (3)(fa), in
determining whether a licensee is or is likely
to remain in effective control of a licensed
business, the Tribunal must consider whether
the licensee has complied or is likely to
25 comply with section 42.".
9 Disciplinary powers of Tribunal
For section 48A(1)(c) of the Prostitution Control
Act 1994 substitute--
"(c) order the licensee to pay into the Fund a
30 penalty not exceeding an amount that is
600 times the value of a penalty unit fixed by
the Treasurer under section 5(3) of the
Monetary Units Act 2004;".
561241B.I-7/10/2008 7 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 10
10 Circumstances in which Authority must refuse
approval or renewal application
(1) In section 51(2)(a) of the Prostitution Control
Act 1994, for "spouse or domestic partner"
5 substitute "relative (other than an uninvolved
relative)".
(2) In section 51(3)(a) of the Prostitution Control
Act 1994, for "spouse or domestic partner"
substitute "relative (other than an uninvolved
10 relative)".
11 Entry to unlicensed premises--search warrant
In section 63(1) of the Prostitution Control Act
1994, for "inspector" substitute "senior sergeant".
12 Regulations
15 After section 68(g) of the Prostitution Control
Act 1994 insert--
"(ga) prescribing offences to be infringement
offences within the meaning of the
Infringements Act 2006;
20 (gb) for the purposes of Parts 2 and 3, prescribing
penalties not exceeding 10 penalty units for
infringement offences prescribed under
paragraph (ga);".
13 Persons not to have an interest in more than one
25 brothel licence or permit
(1) In section 75(3)(a) of the Prostitution Control
Act 1994, for "spouse or domestic partner"
substitute "relative (other than an uninvolved
relative)".
30 (2) In section 75(3A)(a) of the Prostitution Control
Act 1994, for "spouse or domestic partner"
substitute "relative (other than an uninvolved
relative)".
561241B.I-7/10/2008 8 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 14
14 Amendment of permits under the Planning and
Environment Act 1987
(1) For section 75A(1)(a) of the Prostitution Control
Act 1994 substitute--
5 "(a) there is an existing permit under the
Planning and Environment Act 1987 for
the use or development of land for the
purposes of--
(i) the operation of a brothel; or
10 (ii) a massage parlour and the land is used
for the purposes of the operation of a
brothel; and".
(2) In section 75A(4) of the Prostitution Control Act
1994--
15 (a) in paragraph (a), for "section 87" substitute
"Division 3 of Part 4";
(b) in paragraph (b), for "section 73" substitute
"Division 1A of Part 4";
(c) for paragraph (c) substitute--
20 "(c) an amendment to which section 216 of
the Planning and Environment Act
1987 applies;
(d) an amendment under a condition on a
permit under the Planning and
25 Environment Act 1987.".
15 Offences under Planning and Environment Act 1987
(1) In section 77(3)(a) of the Prostitution Control
Act 1994, for "spouse or domestic partner"
substitute "relative (other than an uninvolved
30 relative)".
561241B.I-7/10/2008 9 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 16
(2) In section 77(3A)(a) of the Prostitution Control
Act 1994, for "spouse or domestic partner"
substitute "relative (other than an uninvolved
relative)".
5 16 New section 85A inserted
After section 85 of the Prostitution Control Act
1994 insert--
"85A What constitutes evidence of proscribed
brothel
10 (1) For the purposes of section 80(3A), the
Magistrates' Court may take the following
matters into consideration--
(a) people entering and leaving premises
consistent with the use of premises for
15 prostitution services (including number
and gender of people and frequency of
attendance at premises);
(b) appointments at the premises for what a
reasonable person would believe were
20 the purposes of prostitution services;
(c) advertising, where contact details are
provided which can be linked to
premises offering prostitution services;
(d) books, accounts and other documents
25 that contain information which is
consistent with the use of premises for
prostitution services;
(e) the arrangement of, or other matters
relating to, the premises, including the
30 presence of furniture or other items in
the premises that is consistent with the
use of the premises for prostitution
services.
561241B.I-7/10/2008 10 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 17
(2) In any proceeding under this Act in which it
is required to establish that sexual services
were being offered or provided at a premises,
evidence of the presence on premises of
5 materials commonly used in safe sex
practices is inadmissible for the purpose of
establishing that sexual services were being
offered or provided at the premises.".
17 New section 89A inserted
10 After section 89 of the Prostitution Control Act
1994 insert--
"89A Power to serve an infringement notice
(1) If a member of the police force or an
inspector has reason to believe that a person
15 has committed an offence referred to in
subsection (3) or a prescribed offence, he or
she may serve an infringement notice on that
person.
(2) An offence referred to in subsection (3) and
20 a prescribed offence for which an
infringement notice may be served is an
infringement offence within the meaning of
the Infringements Act 2006.
(3) An infringement notice may be served in
25 respect of an offence against--
(a) section 40A(3);
(b) section 52A(3);
(c) section 58(a);
(d) section 58(b);
30 (e) section 58(c);
(f) section 59(3)(a);
(g) section 60(1);
(h) section 60(2).
561241B.I-7/10/2008 11 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 18
(4) The infringement penalty for an offence referred
to in--
(a) subsection (3)(a) is 1 penalty unit;
(b) subsection (3)(b) is 1 penalty unit;
5 (c) subsection (3)(c) is 2 penalty units;
(d) subsection (3)(d) is 2 penalty units;
(e) subsection (3)(e) is 2 penalty units;
(f) subsection (3)(f) is 2 penalty units;
(g) subsection (3)(g) is 1 penalty unit;
10 (h) subsection (3)(h) is 1 penalty unit.".
18 New section 93 inserted
After section 92 of the Prostitution Control Act
1994 insert--
"93 Prostitution Control and Other Matters
15 Amendment Act 2008
(1) The amendments made to this Act by a
relevant provision apply only to offences
alleged to have been committed on or after
the commencement of that provision.
20 (2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between two dates, one before and one after
the commencement of a relevant provision,
the offence is taken to be alleged to have
25 been committed before the commencement
of that provision.
(3) In this section, relevant provision means a
provision of any of the following--
(a) section 3;
30 (b) section 4;
(c) section 13;
561241B.I-7/10/2008 12 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 19
(d) section 15;
(e) section 16--
of the Prostitution Control and Other
Matters Amendment Act 2008.".
5 19 Disciplinary offences
(1) In item 1 of Schedule 3 to the Prostitution
Control Act 1994, after the item relating to
section 245 insert--
"245AB (Allowing an unlawful non-
citizen to work)
245AC (Allowing a non-citizen to
work in breach of a visa
condition)
245AD (Referring an unlawful
non-citizen for work)
245AE (Referring a non-citizen for
work in breach of a visa
condition)".
(2) After item 2 of Schedule 3 to the Prostitution
10 Control Act 1994 insert--
"3. An offence against any of the following
sections of the Criminal Code Act 1995 of
the Commonwealth--
Section Description of offence
270.3 (Slavery offences)
270.6 (Sexual servitude
offences)
270.7 (Deceptive recruiting
for sexual services)
270.8 (Aggravated offences)
271.2 (Offence of trafficking
in persons)
271.3 (Aggravated offence of
trafficking in persons)
561241B.I-7/10/2008 13 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 2--Amendments to Prostitution Control Act 1994
s. 19
Section Description of offence
271.4 (Offence of trafficking
in children)
271.5 (Offence of domestic
trafficking in persons)
271.6 (Aggravated offence of
domestic trafficking in
persons)
271.7 (Offence of domestic
trafficking in children)
271.8 (Offence of debt
bondage)
271.9 (Offence of aggravated
debt bondage)
".
__________________
561241B.I-7/10/2008 14 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 3--Amendments to Second-Hand Dealers and Pawnbrokers Act 1989
s. 20
PART 3--AMENDMENTS TO SECOND-HAND DEALERS
AND PAWNBROKERS ACT 1989
20 Definitions
In section 3(1) of the Second-Hand Dealers and See:
Act No.
5 Pawnbrokers Act 1989 insert the following 54/1989.
definition-- Reprint No. 6
as at
1 August 2007
"computer means a machine that is capable of and
recording or storing information amending
Act Nos
electronically;". 2/2008, 4/2008
and 12/2008.
LawToday:
www.
legislation.
vic.gov.au
10 21 Police powers generally
(1) After section 25(2) of the Second-Hand Dealers
and Pawnbrokers Act 1989 insert--
"(2A) Without limiting subsection (2), if a
document required to be produced under
15 subsection (2)(c) is or is part of a transaction
record kept under section 20 in an
electronically readable form, a member of
the police force may require the document to
be provided in a readily accessible form--
20 (a) electronically; or
(b) in a paper form produced from a
computer.
(2B) If a person produces a document referred to
in subsection (2A), the person must also
25 provide the member of the police force with
a prescribed statement verifying that the
document provided is a true record of the
transaction record at the date of the
statement.".
561241B.I-7/10/2008 15 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 3--Amendments to Second-Hand Dealers and Pawnbrokers Act 1989
s. 21
(2) For the penalty at the foot of section 25(3) of the
Second-Hand Dealers and Pawnbrokers Act
1989 substitute--
"Penalty: 50 penalty units.".
__________________
561241B.I-7/10/2008 16 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Part 4--Repeal
s. 22
PART 4--REPEAL
22 Repeal of amending Act
This Act is repealed on 1 January 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561241B.I-7/10/2008 17 BILL LA INTRODUCTION 7/10/2008
Prostitution Control and Other Matters Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561241B.I-7/10/2008 18 BILL LA INTRODUCTION 7/10/2008
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