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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Prostitution Control (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. New section 3A inserted 4
3A. Admission charge constitutes payment for sexual
services 4
6. Objects of Act 5
7. Unlicensed business (offence with fault elements) 5
8. Unlicensed business (strict liability) 5
9. Public availability of application 6
10. Associates of applicant for licence 6
11. Matters to be considered in determining suitability of applicant 7
12. New sections 46D and 46E inserted 7
46D. Production of information to Authority 7
46E. Rule against self-incrimination does not apply 8
13. Licence cancellation 8
14. Disciplinary action against licensee 9
15. Circumstances in which Authority must refuse approval or
renewal application 10
16. Conditions or restrictions on approval of manager 10
17. New sections 52AA and 52AB inserted 11
52AA. Amendment of approval 11
52AB. Endorsement of certificate of approval 12
18. New section 53 substituted 12
53. Cancellation of approval 12
19. New section 54B inserted 13
54B. Cancelled or suspended approval must be returned 14
20. Applications for review 14
21. Powers of inspector 14
22. New Division 8A inserted in Part 3 14
Division 8A--Inspection Powers 14
61A. Definitions 14
61B. Production of identity card 15
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Clause Page
61C. Accounts and other documents available for inspection 16
61D. Licensees to produce documents and answer questions 17
61E. Third parties to produce documents and answer
questions relating to specified business 17
61F. Department Heads, police and public authorities to
produce information to inspectors 18
61G. Certain other specified persons or bodies to produce
information 19
61H. Powers on production of documents 20
61I. Order requiring supply of information and answers to
questions 21
61J. Entry or search with consent 22
61K. Entry without consent or warrant 24
61L. Search warrants 25
61M. Announcement before entry 26
61N. Details of warrant to be given to occupier 27
61O. Seizure of things not mentioned in the warrant 27
61P. Embargo notice 28
61Q. Copies of seized documents 29
61R. Retention and return of seized documents or things 29
61S. Magistrates' Court may extend 3 month period 30
61T. Requirement to assist inspector during entry 30
61U. Refusal or failure to comply with requirement 31
61V. Rule against self-incrimination does not apply 31
61W. Offence to give false or misleading information 32
61X. Application of provisions relating to inspections 32
61Y. Service of documents 32
61Z. Confidentiality 33
23. Entry to unlicensed premises 34
24. Functions of Advisory Committee 34
25. Amendment of transitional provisions 34
26. Persons not to have an interest in more than one brothel licence
or permit 37
27. Circumstances in which persons are associated 40
28. Declaration of proscribed brothel 42
29. Destruction of fingerprints 43
30. New section 92 inserted 43
92. Prostitution Control (Amendment) Act 1999 43
31. Statute law revision 46
32. Amendment of Summary Offences Act 1966 47
Division 4--Advertising of Live Sexually-Explicit
Entertainment 47
39. Advertising regulations 48
33. Forfeiture offences under Confiscation Act 1997 50
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Clause Page
34. Consequential amendment 50
NOTES 52
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PARLIAMENT OF VICTORIA
A BILL
to amend the Prostitution Control Act 1994, the Summary Offences
Act 1966 and the Confiscation Act 1997 and for other purposes.
Prostitution Control (Amendment) Act
1999
The Parliament of Victoria enacts as follows:
1. Purpose
(1) The main purpose of this Act is to amend the
Prostitution Control Act 1994 so as to--
(a) facilitate the prosecution of persons who
5 operate a brothel or escort agency without
holding a licence;
(b) confer certain powers on inspectors
appointed under the Fair Trading Act 1999;
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(c) amend the definition of "sexual services";
(d) generally strengthen the control of
prostitution in Victoria.
(2) This Act also amends the Summary Offences Act
5 1966 so as to regulate the advertising of live
sexually-explicit entertainment and amends the
Confiscation Act 1997 so as to create new
forfeiture offences.
2. Commencement
10 (1) This Act (except sections 4(2) and (3), 5, 6, 12,
21, 22 and 26) comes into operation on the day on
which it receives the Royal Assent.
(2) Subject to sub-section (3), sections 4(2) and (3), 5,
6(1) and 26 come into operation on a day to be
15 proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 September 1999,
it comes into operation on that day.
(4) Subject to sub-section (5), sections 6(2), 12, 21
20 and 22 come into operation on a day to be
proclaimed.
(5) If a provision referred to in sub-section (4) does
not come into operation before 1 February 2000, it
comes into operation on that day.
25 3. Principal Act
No. 102/1994. In this Act, the Prostitution Control Act 1994 is
Reprint No. 3
called the Principal Act.
as at 1 July
1998. Further
amended by
No. 101/1998.
4. Definitions
(1) In section 3 of the Principal Act insert the
30 following definitions--
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' "inspector" means an inspector appointed under
the Fair Trading Act 1999;
"lease" includes a sub-lease and an agreement for
a lease or sub-lease;'.
5 (2) In section 3 of the Principal Act insert the
following definitions--
' "sexual penetration" has the same meaning as
in Subdivisions (8A) to (8G) of Division 1 of
Part I of the Crimes Act 1958;
10 "vagina" includes--
(a) the external genitalia; and
(b) a surgically constructed vagina.'.
(3) In section 3 of the Principal Act, for the definition
of "sexual services" substitute--
15 ' "sexual services" includes--
(a) taking part with another person in an
act of sexual penetration; and
(b) masturbating another person; and
(c) permitting one or more other persons to
20 view any of the following occurring in
their presence--
(i) two or more persons taking part in
an act of sexual penetration;
(ii) a person introducing (to any
25 extent) an object or a part of their
body into their own vagina or
anus;
(iii) a person masturbating himself or
herself or two or more persons
30 masturbating themselves or each
other or one or more of them--
in circumstances in which--
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(iv) there is any form of direct
physical contact between any
person viewing the occurrence
and any person taking part in the
5 occurrence; or
(v) any person viewing the
occurrence is permitted or
encouraged to masturbate himself
or herself while viewing--
10 and, for the purposes of this definition,
a person may be regarded as being
masturbated whether or not the genital
part of his or her body is clothed or the
masturbation results in orgasm;'.
15 5. New section 3A inserted
After section 3 of the Principal Act insert--
"3A. Admission charge constitutes payment for
sexual services
If--
20 (a) admission to any premises is or may be
procured by the payment of an
admission fee or charge or the making
of a donation of any kind; and
(b) sexual services are provided at those
25 premises in the ordinary course of a
business carried on at those premises
without any further payment or reward
being sought for the provision of those
services--
30 the payment of the admission fee or charge
or the making of the donation must be taken
to be payment for the provision of the sexual
services, whether or not entertainment or a
service of any other kind is provided at those
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premises without any further payment or
reward being sought for it.".
6. Objects of Act
(1) In section 4 of the Principal Act, after paragraph
5 (d) insert--
"(da) to seek to ensure that no one person has at
any one time an interest in more than one
brothel licence or permit;".
(2) In section 4(g) of the Principal Act, after
10 "accessible to" insert "inspectors,".
7. Unlicensed business (offence with fault elements)
(1) In section 22(1) of the Principal Act, after "must
not" insert "knowingly or recklessly".
(2) In the penalty set out at the foot of section 22(1)
15 of the Principal Act, for "360 penalty units"
substitute "a level 6 fine (600 penalty units
maximum)".
(3) In the penalty set out at the foot of section 22(3)
of the Principal Act, for "360 penalty units"
20 substitute "a level 6 fine (600 penalty units
maximum)".
8. Unlicensed business (strict liability)
(1) In section 22 of the Principal Act, after sub-
section (1) insert--
25 "(1A) A person must not carry on business as a
prostitution service provider--
(a) without holding a licence; or
(b) in breach of any condition of a licence;
or
30 (c) when a licence is suspended.
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Penalty: Level 7 fine (240 penalty units
maximum).".
(2) In section 22(2) of the Principal Act, after "(1)"
insert "or (1A)".
5 (3) In section 22 of the Principal Act, after sub-
section (2) insert--
"(2A) In a proceeding for an offence against sub-
section (1A) it is a defence to the charge for
the accused to prove that, at the time of the
10 conduct constituting the offence, the accused
was under a mistaken but honest and
reasonable belief about facts which, had they
existed, would have meant that the conduct
would not have constituted an offence
15 against that sub-section.".
(4) In section 22(5) of the Principal Act, after "(1)"
insert ", (1A)".
9. Public availability of application
In section 34 of the Principal Act, for "every
20 application for a licence that has not yet been
determined" substitute "that part of an application
for a licence that has not yet been determined that
contains the matters specified under section
33(2)(b)(i), (ii) and (iii)".
25 10. Associates of applicant for licence
(1) In section 37(1)(d) of the Principal Act, after
"has," insert "or of a body corporate which has,".
(2) In section 37(2)(c) of the Principal Act, after
"relationship" insert "or a lease".
30 (3) In section 37(3) of the Principal Act--
(a) for "sub-section (1)(e)" substitute "sub-
section (1)(d) or (e)";
(b) at the end of paragraph (c) insert--
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"or;
(d) has entered into a business arrangement
or relationship or a lease with the body
corporate in respect of a prostitution
5 service providing business.".
11. Matters to be considered in determining suitability of
applicant
In section 38(1) of the Principal Act, after
paragraph (a) insert--
10 "(ab) whether, on account of any report made to it
or any information provided to it or
otherwise in the Authority's possession, a
person who would be an associate of the
applicant for the purposes of section 37(1)(d)
15 is of good repute, having regard to character,
honesty and integrity;".
12. New sections 46D and 46E inserted
After section 46C of the Principal Act insert--
"46D. Production of information to Authority
20 (1) The Authority may require a licensee to
answer any question or provide information
relating to the business of the licensee as a
prostitution service provider that the
Authority reasonably requires to carry out its
25 functions in relation to that licensee.
(2) A licensee must not refuse or fail, without
reasonable excuse, to comply with a
requirement made by the Authority under
this section.
30 Penalty: Level 10 fine (10 penalty units
maximum).
(3) Nothing in this section limits any
requirement imposed on a licensee by or
under section 46 or 46A.
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46E. Rule against self-incrimination does not
apply
(1) A licensee is not excused from answering a
question or providing information under
5 section 46D on the ground that the answer or
the information might tend to incriminate the
licensee.
(2) Before a licensee is required by the
Authority to answer a question, the
10 Authority must inform the licensee that if
they claim, before answering the question,
that the answer might tend to incriminate
them, the answer is not admissible in
evidence in any criminal proceedings, other
15 than in proceedings in respect of the falsity
of the answer.
(3) If the licensee claims, before answering a
question, that the answer might tend to
incriminate the licensee, the answer is not
20 admissible in evidence in any criminal
proceedings, other than in proceedings in
respect of the falsity of the answer.".
13. Licence cancellation
In section 47 of the Principal Act, for sub-sections
25 (1), (3) and (3A) substitute--
"(1) A licence is automatically cancelled if at any
time after it is granted--
(a) the licensee is convicted or found guilty
of an offence against the Drugs,
30 Poisons and Controlled Substances
Act 1981 or against a law of another
State or of a Territory of the
Commonwealth which the Governor in
Council, by Order published in the
35 Government Gazette, declares to be a
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law that makes provision substantially
similar to the provisions of that Act or
against a corresponding law within the
meaning of that Act; or
5 (b) the licensee is convicted or found guilty
of an offence that is set out in
Schedule 3; or
(c) the licensee is convicted or found guilty
of an indictable offence punishable by
10 imprisonment for 12 months or more or
of an offence which, if committed in
Victoria, would have been an indictable
offence punishable by imprisonment for
12 months or more; or
15 (d) the licensee is convicted or found guilty
of an offence against section 45(1); or
(e) the licensee serves a sentence of
imprisonment, whether in Victoria or
outside Victoria; or
20 (f) the licensee becomes an insolvent
under administration; or
(g) the licensee becomes a represented
person within the meaning of the
Guardianship and Administration
25 Act 1986.
(2) For the purposes of sub-section (1), a
conviction or finding of guilt takes effect at
the conclusion of the proceeding for the
offence, whether on appeal or otherwise, or
30 at the end of any appeal period, whichever is
the later.".
14. Disciplinary action against licensee
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In section 48(3) of the Principal Act, after
paragraph (d) insert--
"(da) the licensee has, at any time after the
commencement of section 14 of the
5 Prostitution Control (Amendment) Act
1999, knowingly or recklessly permitted the
involvement in the management or operation
of the licensed business of a person who,
within the preceding 5 years, had been
10 convicted or found guilty of an offence
which the Authority could reasonably treat
as a disqualifying offence if the person were
an applicant for a licence; or".
15. Circumstances in which Authority must refuse
15 approval or renewal application
(1) In section 51(1) of the Principal Act--
(a) after "prostitution service providing
business" insert ", or refuse to renew such
an approval of,";
20 (b) in paragraph (d), after "has," insert "or of a
body corporate which has,".
(2) In section 51(3) of the Principal Act--
(a) for "sub-section (1)(e)" substitute "sub-
section (1)(d) or (e)";
25 (b) at the end of paragraph (c) insert--
"or;
(d) has entered into a business arrangement
or relationship with the body corporate
in respect of a prostitution service
30 providing business.".
16. Conditions or restrictions on approval of manager
(1) In section 52(1) of the Principal Act--
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(a) after "approve" insert ", or renew the
approval,";
(b) after "an approval" insert "or renewal".
(2) In section 52 of the Principal Act, after sub-
5 section (1) insert--
"(1A) An approval, or renewal of an approval, may
be given subject to conditions or
restrictions.".
(3) In section 52(2) of the Principal Act, after
10 "approves" insert ", or renews the approval,".
(4) In section 52 of the Principal Act, after sub-
section (2) insert--
"(2A) Any conditions or restrictions to which an
approval or renewal of an approval is subject
15 must be set out in the certificate of
approval.".
(5) In section 52 of the Principal Act, after sub-
section (4) insert--
"(5) An approved manager must comply with any
20 conditions or restrictions to which an
approval or renewal of an approval is
subject.
Penalty: Level 9 fine (60 penalty units
maximum).".
25 17. New sections 52AA and 52AB inserted
After section 52 of the Principal Act insert--
"52AA. Amendment of approval
(1) The Authority may at any time vary or
revoke a condition or restriction to which an
30 approval or renewal of an approval under
section 52(1) is subject or impose a new
condition or restriction on the approval.
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(2) The Authority may act under sub-section
(1)--
(a) of its own initiative; or
(b) on the application of the approved
5 manager; or
(c) on the application of an authorised
member of the police force or the
Director of Fair Trading.
52AB. Endorsement of certificate of approval
10 (1) If under section 52AA or 54A, a condition or
restriction is imposed on an approval or
renewal of an approval or such a condition is
varied or revoked, the Authority may require
the approved manager to produce the
15 certificate of approval for endorsement of or
variation or revocation of the condition or
restriction.
(2) An approved manager must comply with a
requirement under sub-section (1).
20 Penalty: Level 10 fine (10 penalty units
maximum).".
18. New section 53 substituted
For section 53 of the Principal Act substitute--
"53. Cancellation of approval
25 (1) An approval under section 52(1) is
automatically cancelled if at any time after it
is granted or last renewed--
(a) the approved manager is convicted or
found guilty of an offence against the
30 Drugs, Poisons and Controlled
Substances Act 1981 or against a law
of another State or of a Territory of the
Commonwealth which the Governor in
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s. 18
19
Act No.
Council, by Order published in the
Government Gazette, declares to be a
law that makes provision substantially
similar to the provisions of that Act or
5 against a corresponding law within the
meaning of that Act; or
(b) the approved manager is convicted or
found guilty of an offence that is set out
in Schedule 3; or
10 (c) the approved manager is convicted or
found guilty of an indictable offence
punishable by imprisonment for
12 months or more or of an offence
which, if committed in Victoria, would
15 have been an indictable offence
punishable by imprisonment for
12 months or more; or
(d) the approved manager serves a sentence
of imprisonment, whether in Victoria or
20 outside Victoria; or
(e) the approved manager becomes an
insolvent under administration; or
(f) the approved manager becomes a
represented person within the meaning
25 of the Guardianship and
Administration Act 1986.
(2) For the purposes of sub-section (1), a
conviction or finding of guilt takes effect at
the conclusion of the proceeding for the
30 offence, whether on appeal or otherwise, or
at the end of any appeal period, whichever is
the later.".
19. New section 54B inserted
After section 54A of the Principal Act insert--
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"54B. Cancelled or suspended approval must be
returned
If an approval under section 52(1) is
suspended or cancelled under this Act, the
5 person to whom the certificate of approval
was issued must return it to the Authority
within 7 days of becoming aware of the
suspension or cancellation.
Penalty: Level 10 fine (10 penalty units
10 maximum).".
20. Applications for review
In section 56(1) of the Principal Act, for "47, 52
or 53" substitute "52 or 52AA".
21. Powers of inspector
15 (1) In section 58 of the Principal Act, after "police
force" insert "or an inspector".
(2) In section 59(1) of the Principal Act, after "police
force" insert "or an inspector".
(3) In section 59(2) of the Principal Act, after "police
20 force" insert "or the inspector".
(4) In section 61 of the Principal Act--
(a) after "authority" insert "or an inspector";
(b) for "or officer" substitute ", officer or
inspector".
25 22. New Division 8A inserted in Part 3
In Part 3 of the Principal Act, after Division 8
insert--
'Division 8A--Inspection Powers
61A. Definitions
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In this Division--
"financial institution" means--
(a) an authorised deposit-taking
institution within the meaning of
5 the Banking Act 1959 of the
Commonwealth; or
(b) a body approved by the Governor
in Council by Order published in
the Government Gazette;
10 "licensee", except in section 61C,
includes--
(a) a person whose licence has been
surrendered or cancelled within
the last 3 years; and
15 (b) a person whose licence is
suspended;
"occupier" in relation to any premises,
means a person who appears to be of or
over 16 years of age and who appears
20 to be in control of the premises;
"OFTBA Act" has the same meaning as it
has in the Fair Trading Act 1999.
61B. Production of identity card
An inspector must produce his or her identity
25 card for inspection--
(a) before exercising a power under this
Division or Division 8 other than a
requirement made by post; and
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(b) at any time during the exercise of a
power under this Division or Division
8, if asked to do so.
Penalty: Level 10 fine (10 penalty units
5 maximum).
61C. Accounts and other documents available
for inspection
(1) A licensee must at all reasonable times at
each premises at which that licensee carries
10 on business as a prostitution service provider
keep all documents relating to the business
carried on at those premises that came into
existence within the last 7 years available for
inspection by an inspector in a form in which
15 they can be readily and expeditiously
inspected by an inspector.
Penalty: Level 10 fine (10 penalty units
maximum).
(2) If the licence of a licensee has been
20 surrendered or cancelled within the last
3 years, the former licensee must make all
documents relating to the former business
that came into existence within the last
7 years available for inspection by an
25 inspector in a form and at a place where they
can be readily and expeditiously inspected
by an inspector.
Penalty: Level 10 fine (10 penalty units
maximum).
30 (3) If the licence of a licensee is suspended, the
suspended licensee must during the period of
the suspension make all documents relating
to the business of the suspended licensee that
came into existence within the last 7 years
35 available for inspection by an inspector in a
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form and at a place where they can be
readily and expeditiously inspected by an
inspector.
Penalty: Level 10 fine (10 penalty units
5 maximum).
61D. Licensees to produce documents and
answer questions
(1) For the purpose of monitoring compliance
with this Act or the regulations, an inspector
10 may require a licensee at a time and place
specified by the inspector--
(a) to answer orally or in writing any
questions put by the inspector relating
to the licensee's business as a
15 prostitution service provider;
(b) to supply orally or in writing
information required by the inspector
relating to that business;
(c) to produce to the inspector specified
20 documents or documents of a specified
class relating to that business.
(2) A power conferred on an inspector by this
section is in addition to, and does not take
away from, a power conferred on an
25 inspector under Division 8.
61E. Third parties to produce documents and
answer questions relating to specified
business
For the purpose of monitoring compliance
30 with this Act or the regulations, an inspector
may require any person who has possession,
custody or control of documents relating to a
licensee's business as a prostitution service
provider--
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(a) to answer orally or in writing any
questions put by the inspector relating
to the licensee's business as a
prostitution service provider;
5 (b) to supply orally or in writing
information required by the inspector
relating to that business;
(c) to produce to the inspector specified
documents or documents of a specified
10 class relating to that business.
61F. Department Heads, police and public
authorities to produce information to
inspectors
(1) For the purpose of monitoring compliance
15 with this Act or the regulations, the Director
of Fair Trading or an inspector may request a
specified public body within a time specified
by the Director or inspector--
(a) to answer orally or in writing any
20 questions put by the inspector relating
to a licensee's business as a prostitution
service provider;
(b) to supply orally or in writing
information required by the inspector
25 relating to that business.
(2) An inspector can only make a request under
sub-section (1) with the written consent of
the Director of Fair Trading.
(3) A specified public body must comply with a
30 request under sub-section (1).
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(4) In this section "specified public body"
means--
(a) a Department Head within the meaning
of the Public Sector Management and
5 Employment Act 1998; or
(b) a public statutory authority; or
(c) a municipal council; or
(d) the Chief Commissioner of Police.
61G. Certain other specified persons or bodies to
10 produce information
(1) For the purpose of monitoring compliance
with this Act or the regulations, the Director
of Fair Trading or an inspector may require a
specified person or body within a time
15 specified by the Director or inspector--
(a) to answer orally or in writing any
questions put by the inspector relating
to a licensee's business as a prostitution
service provider;
20 (b) to supply orally or in writing
information required by the inspector
relating to that business.
(2) An inspector can only make a requirement
under sub-section (1) with the written
25 consent of the Director of Fair Trading.
(3) In this section "specified person or body"
means--
(a) a person who is a publisher of a
publication; or
30 (b) a person who is the owner or operator
of a broadcasting service; or
(c) a person who is the owner or operator
of a telecommunications service; or
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(d) a person who is the owner or operator
of a postal service; or
(e) a financial institution.
61H. Powers on production of documents
5 (1) If any documents are produced to an
inspector under section 61D or 61E, the
inspector may--
(a) inspect the documents or authorise a
person to inspect the documents;
10 (b) make copies of, or take extracts from,
the documents;
(c) seize the documents if the inspector
considers the documents necessary for
the purpose of obtaining evidence for
15 the purpose of any proceedings under
this Act or the regulations;
(d) seize the documents if the inspector--
(i) considers the documents
necessary for the purpose of
20 obtaining evidence for the purpose
of any proceedings under any
OFTBA Act; and
(ii) believes on reasonable grounds,
that it is necessary to seize the
25 documents in order to prevent
their concealment, loss or
destruction or their use in the
contravention of any OFTBA Act;
(e) secure any seized documents against
30 interference;
(f) retain possession of the documents in
accordance with this Division.
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(2) An inspector must not require a person to
produce a document at a place other than the
person's place of business or the Office of
Fair Trading and Business Affairs without
5 the consent of the person.
61I. Order requiring supply of information and
answers to questions
(1) For the purpose of monitoring compliance
with this Act or the regulations, an inspector,
10 with the written approval of the Director of
Fair Trading, may apply to the Magistrates'
Court for an order requiring any person at a
time and place specified by an inspector--
(a) to answer orally or in writing any
15 questions put by an inspector relating to
a licensee's business as a prostitution
service provider; or
(b) to supply orally or in writing
information required by an inspector in
20 relation to a licensee's business as a
prostitution service provider.
(2) If the Magistrates' Court is satisfied on the
basis of evidence presented by the Director
of Fair Trading that the order is necessary for
25 the purpose of monitoring compliance with
this Act or the regulations, the Court may
grant the order sought.
(3) An order under this section must state a day,
not later than 28 days after the making of the
30 order, on which the order ceases to have
effect.
(4) An inspector who executes an order under
this section must, as soon as practicable after
that execution, notify the Magistrates' Court
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in writing of the time and place of execution
of the order.
61J. Entry or search with consent
(1) For the purpose of monitoring compliance
5 with this Act and the regulations, an
inspector, with the consent of the occupier of
the premises, may--
(a) enter and search any premises;
(b) seize anything found on the premises
10 which the inspector believes on
reasonable grounds to be connected
with a contravention of this Act or the
regulations;
(c) examine and take and keep samples of
15 any goods found on the premises which
the inspector believes on reasonable
grounds to be connected with a
contravention of this Act or the
regulations;
20 (d) inspect and make copies of, or take
extracts from, any document found on
the premises.
(2) An inspector must not enter and search any
premises with the consent of the occupier
25 unless, before the occupier consents to that
entry, the inspector has--
(a) produced his or her identity card for
inspection; and
(b) informed the occupier--
30 (i) of the purpose of the search; and
(ii) that the occupier may refuse to
give consent to the entry and
search or to the seizure of
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anything found during the search;
and
(iii) that the occupier may refuse to
consent to the taking of any
5 sample of goods or any copy of, or
extract from, a document found on
the premises during the search;
and
(iv) that anything seized or taken
10 during the search with the consent
of the occupier may be used in
evidence in proceedings.
(3) If an occupier consents to an entry and
search, the inspector who requested consent
15 must before entering the premises ask the
occupier to sign an acknowledgment in the
form approved by the Director of Fair
Trading stating--
(a) that the occupier has been informed of
20 the purpose of the search and that
anything seized or taken in the search
with the consent of the occupier may be
used in evidence in proceedings; and
(b) that the occupier has been informed that
25 he or she may refuse to give consent to
the entry and search; and
(c) that the occupier has consented to such
an entry and search; and
(d) the date and time that the occupier
30 consented.
(4) If an occupier consents to the seizure or
taking of any thing during a search under this
section, the inspector must before seizing or
taking the thing ask the occupier to sign an
35 acknowledgment stating--
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(a) that the occupier has consented to the
seizure or taking of the thing; and
(b) the date and time that the occupier
consented.
5 (5) An occupier who signs an acknowledgment
must be given a copy of the signed
acknowledgment before the inspector leaves
the premises.
(6) If, in any proceeding, an acknowledgment is
10 not produced to the court or a tribunal, it
must be presumed, until the contrary is
proved, that the occupier did not consent to
the entry and search or to the seizure or
taking of the thing.
15 61K. Entry without consent or warrant
(1) For the purpose of monitoring compliance
with this Act or the regulations, an inspector
may (with the assistance, if necessary, of
another inspector or a member of the police
20 force) do all or any of the following--
(a) enter and search any premises at which
a licensee is carrying on business at any
time that the premises are open for
business or between the hours of 9 a.m.
25 and 5 p.m.;
(b) seize or secure against interference
anything that the Director of Fair
Trading or inspector believes on
reasonable grounds to be connected
30 with a contravention of this Act or the
regulations that is found on or in the
premises;
(c) inspect and make copies of, or take
extracts from, any document kept on
35 the premises.
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(2) An inspector must not enter or search any
premises under sub-section (1) unless, before
that entry, the inspector has produced his or
her identity card for inspection by the
5 occupier of the premises.
61L. Search warrants
(1) An inspector, with the written approval of
the Director of Fair Trading, may apply to a
magistrate for the issue of a search warrant
10 in relation to particular premises for the
purpose of monitoring compliance with this
Act or the regulations.
(2) If a magistrate is satisfied by the evidence,
on oath or by affidavit, of the inspector that
15 the warrant is necessary for the purpose of
monitoring compliance with this Act or the
regulations, the magistrate may issue a
search warrant, in accordance with the
Magistrates' Court Act 1989, authorising
20 an inspector named in the warrant, together
with any other person or persons named or
otherwise identified in the warrant and with
any necessary equipment--
(a) to enter the premises specified in the
25 warrant, if necessary by force; and
(b) to do all or any of the following--
(i) search for;
(ii) seize;
(iii) secure against interference;
30 (iv) examine and inspect;
(v) make copies of, or take extracts
from--
a thing or things of a particular kind
named or described in the warrant and
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which the inspector believes, on
reasonable grounds, to be connected
with a contravention of this Act or the
regulations.
5 (3) A search warrant issued under this section
must state--
(a) the purpose for which the search is
required; and
(b) any conditions to which the warrant is
10 subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
(d) a day, not later than 28 days after the
15 issue of the warrant, on which the
warrant ceases to have effect.
(4) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
20 extend and apply to warrants under this
section.
61M. Announcement before entry
(1) On executing a search warrant, the inspector
executing the warrant--
25 (a) must announce that he or she is
authorised by the warrant to enter the
premises; and
(b) if the inspector has been unable to
obtain unforced entry, must give any
30 person at the premises an opportunity
to allow entry to the premises.
(2) An inspector need not comply with sub-
section (1) if he or she believes on
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reasonable grounds that immediate entry to
the premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
5 search warrant is not frustrated.
61N. Details of warrant to be given to occupier
(1) If the occupier is present at premises where a
search warrant is being executed, the
inspector must--
10 (a) identify himself or herself to the
occupier; and
(b) give to the occupier a copy of the
warrant.
(2) If the occupier is not present at premises
15 where a search warrant is being executed, the
inspector must--
(a) identify himself or herself to a person
(if any) at the premises; and
(b) give to the person a copy of the
20 warrant.
61O. Seizure of things not mentioned in the
warrant
A search warrant under section 61L
authorises an inspector executing the search
25 warrant, in addition to the seizure of any
thing of the kind described in the warrant, to
seize or take a sample of any thing which is
not of the kind described in the warrant if--
(a) the inspector believes, on reasonable
30 grounds, that the thing--
(i) is of a kind which could have been
included in a search warrant
issued under this Division; or
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(ii) will afford evidence about the
contravention of any OFTBA Act;
and
(b) in the case of seizure, the inspector
5 believes, on reasonable grounds, that it
is necessary to seize that thing in order
to prevent its concealment, loss or
destruction or its use in the
contravention of this Act or any other
10 OFTBA Act.
61P. Embargo notice
(1) An inspector executing a search warrant who
is authorised by that warrant to seize any
thing may, if the thing cannot, or cannot
15 readily, be physically seized and removed,
issue an embargo notice in the form
approved by the Director of Fair Trading--
(a) by causing a copy of the notice to be
served on the occupier; or
20 (b) if the occupier cannot be located after
all reasonable steps have been taken to
do so, by affixing a copy of the notice
to the thing in a prominent position.
(2) A person who knows that an embargo notice
25 relates to a thing and who--
(a) sells; or
(b) leases; or
(c) without the written consent of the
inspector who issued the embargo
30 notice, moves; or
(d) transfers; or
(e) otherwise deals with--
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the thing or any part of the thing is guilty of
an offence and liable to a penalty not
exceeding 10 penalty units.
(3) It is a defence to a prosecution for an offence
5 against sub-section (2) to prove that the
defendant moved the thing or the part of the
thing for the purpose of protecting and
preserving it.
(4) Despite anything in any other Act, a sale,
10 lease, transfer or other dealing with a thing
in contravention of this section is void.
61Q. Copies of seized documents
(1) If an inspector retains possession of a
document taken or seized from a person
15 under this Division, the inspector must give
the person, within 21 days of the seizure, a
copy of the document certified as correct by
the inspector.
(2) A copy of a document certified under sub-
20 section (1) shall be received in all courts and
tribunals to be evidence of equal validity to
the original.
61R. Retention and return of seized documents
or things
25 (1) If an inspector seizes a document or other
thing under this Division, the inspector must
take reasonable steps to return the document
or thing to the person from whom it was
seized if the reason for its seizure no longer
30 exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized,
the inspector must take reasonable steps to
return it unless--
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(a) proceedings for the purpose for which
the document or thing was retained
have commenced within that 3 month
period and those proceedings
5 (including any appeal) have not been
completed; or
(b) the Magistrates' Court makes an order
under section 61S extending the period
during which the document or thing
10 may be retained.
61S. Magistrates' Court may extend 3 month
period
(1) An inspector may apply to the Magistrates'
Court within 3 months after seizing a
15 document or other thing under this Division
for an extension of the period for which the
inspector may retain the document or thing.
(2) The Magistrates' Court may order such an
extension if it is satisfied that retention of the
20 document or other thing is necessary--
(a) for the purposes of an investigation into
whether a contravention of this Act or
the regulations has occurred; or
(b) to enable evidence of a contravention of
25 this Act or the regulations to be
obtained for the purposes of a
proceeding under this Act.
(3) The Magistrates' Court may adjourn an
application to enable notice of the
30 application to be given to any person.
61T. Requirement to assist inspector during
entry
To the extent that it is reasonably necessary
to determine compliance with this Act or the
35 regulations, an inspector exercising a power
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of entry under this Division who produces
his or her identity card for inspection by the
occupier of the premises or an agent or
employee of the occupier may require that
5 person--
(a) to give information to the inspector,
orally or in writing; and
(b) to produce documents to the inspector;
and
10 (c) to give reasonable assistance to the
inspector.
61U. Refusal or failure to comply with
requirement
A person must not refuse or fail, without
15 reasonable excuse, to comply with a
requirement of the Director of Fair Trading
or an inspector under this Division.
Penalty: Level 10 fine (10 penalty units
maximum).
20 61V. Rule against self-incrimination does not
apply
(1) A person is not excused from answering a
question or producing a document under this
Division on the ground that the answer or
25 document might tend to incriminate the
person.
(2) Before a person is required by an inspector
to answer a question, the inspector must
inform the person that if they claim, before
30 answering the question, that the answer
might tend to incriminate them, the answer is
not admissible in evidence in any criminal
proceedings, other than in proceedings in
respect of the falsity of the answer.
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(3) If the person claims, before answering a
question, that the answer might tend to
incriminate them, the answer is not
admissible in evidence in any criminal
5 proceedings, other than in proceedings in
respect of the falsity of the answer.
61W. Offence to give false or misleading
information
A person must not--
10 (a) give information to an inspector under
this Division that the person believes to
be false or misleading in any material
particular; or
(b) produce a document to an inspector
15 under this Division that the person
knows to be false or misleading in a
material particular without indicating
the respect in which it is false or
misleading and, if practicable,
20 providing correct information.
Penalty: Level 10 fine (10 penalty units
maximum).
61X. Application of provisions relating to
inspections
25 Sections 120, 135, 136, 137, 138 and 139 of
the Fair Trading Act 1999 apply (with any
necessary modifications) in relation to the
exercise or attempted exercise of a power of
an inspector under this Division as if any
30 reference in those sections to Part 10 of that
Act were a reference to this Division.
61Y. Service of documents
(1) A written requirement by an inspector under
this Division may be given personally or by
35 registered post to a person--
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(a) at the last known place of business,
employment or residence of the person;
or
(b) in the case of a body corporate, at the
5 registered office of the body corporate.
(2) A person who provides a document or
information in response to a requirement of
an inspector under this Division may send
that document or information to the Director
10 at the Office of Fair Trading and Business
Affairs by registered post.
61Z. Confidentiality
(1) An inspector must not, except to the extent
necessary to carry out the inspector's
15 functions under this Division, give to any
other person, whether directly or indirectly,
any information acquired by the inspector in
carrying out those functions.
Penalty: Level 10 fine (10 penalty units
20 maximum).
(2) Sub-section (1) does not apply to the giving
of information--
(a) to a court or tribunal in the course of
legal proceedings; or
25 (b) pursuant to an order of a court or
tribunal; or
(c) to the extent reasonably required to
enable the investigation or the
enforcement of a law of this State or of
30 any other State or Territory or of the
Commonwealth; or
(d) to the Authority; or
(e) with the written authority of the
Director of Fair Trading; or
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(f) with the written authority of the person
to whom the information relates.'.
23. Entry to unlicensed premises
In sections 63(1), (2) and (3), 64(1) and (4)(a) and
5 65 of the Principal Act, after "22(1)" insert "or
(1A)".
24. Functions of Advisory Committee
(1) In section 67(1A) of the Principal Act--
(a) after "Advisory Committee are" insert "to
10 advise the Minister on";
(b) in paragraph (a) omit "to advise the Minister
on";
(c) in paragraph (b) omit "to monitor";
(d) in paragraph (c) for "to liaise" substitute
15 "liaison";
(e) in paragraph (d) for "to refer" substitute "the
reference of";
(f) in paragraph (e) for "to assist" substitute
"assistance for";
20 (g) in paragraph (f), for "to develop" substitute
"the development of";
(h) in paragraph (g), for "to disseminate"
substitute "the dissemination of".
(2) In section 67(2) of the Principal Act, for "Board"
25 substitute "Authority".
(3) In section 67 of the Principal Act, sub-section (11)
is repealed.
25. Amendment of transitional provisions
(1) In section 69(3) of the Principal Act--
30 (a) in paragraph (b), after "licence on the
application" insert "at any time before the
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commencement of section 224 of the
Tribunals and Licensing Authorities
(Miscellaneous Amendments) Act 1998";
(b) in paragraph (b)(i), after "56" insert "(as in
5 force immediately before that
commencement) or clause 13 of Schedule 2
to the Tribunals and Licensing Authorities
(Miscellaneous Amendments) Act 1998";
(c) at the end of paragraph (b) insert--
10 "(c) if the Authority refuses to grant a
licence on the application at any time
on or after the commencement of
section 224 of the Tribunals and
Licensing Authorities (Miscellaneous
15 Amendments) Act 1998--
(i) the period allowed by section 56
for applying to the Tribunal for
review of that decision expires
without an application having
20 been made; or
(ii) if an application for review is
made to the Tribunal--
(A) it is withdrawn; or
(B) it is dismissed or struck out
25 by the Tribunal and the
period allowed by section
148 of the Victorian Civil
and Administrative
Tribunal Act 1998 for
30 appealing from that decision
expires without an
application for leave to
appeal having been made.".
(2) In section 70(3) of the Principal Act--
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(a) in paragraph (b), after "manager on the
application" insert "at any time before the
commencement of section 224 of the
Tribunals and Licensing Authorities
5 (Miscellaneous Amendments) Act 1998";
(b) in paragraph (b)(i), after "56" insert "(as in
force immediately before that
commencement) or clause 13 of Schedule 2
to the Tribunals and Licensing Authorities
10 (Miscellaneous Amendments) Act 1998";
(c) at the end of paragraph (b) insert--
"(c) if the Authority refuses to approve of
that person as a manager on the
application at any time on or after the
15 commencement of section 224 of the
Tribunals and Licensing Authorities
(Miscellaneous Amendments) Act
1998--
(i) the period allowed by section 56
20 for applying to the Tribunal for
review of that decision expires
without an application having
been made; or
(ii) if an application for review is
25 made to the Tribunal--
(A) it is withdrawn; or
(B) it is dismissed or struck out
by the Tribunal and the
period allowed by section
30 148 of the Victorian Civil
and Administrative
Tribunal Act 1998 for
appealing from that decision
expires without an
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Act No.
application for leave to
appeal having been made.".
26. Persons not to have an interest in more than one
brothel licence or permit
5 In section 75 of the Principal Act, for sub-sections
(1), (2) and (3) substitute--
'(1) A person must not have at any one time--
(a) an interest in more than one current
licence authorising the carrying on of a
10 business of a kind referred to in the
definition of "brothel" in section 3,
including a deemed licence arising by
force of section 69 authorising the
carrying on of such a business; or
15 (b) an interest in more than one unexpired
permit granted for the use of land for
the purposes of the operation of a
brothel, being a permit under which the
use has started.
20 Penalty: Level 6 imprisonment (5 years
maximum) or a level 6 fine
(600 penalty units maximum) or
both.
(2) For the purposes of sub-section (1)--
25 (a) a person has an interest in a licence if
the licence was granted to, or is deemed
to be held by, the person or an associate
of that person; and
(b) a person does not have an interest in a
30 licence granted to, or deemed to be held
by, a business partner of that person if
the licence or deemed licence
authorises the business partner to carry
on a prostitution service providing
35 business at the same premises as those
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at which that person is authorised to
carry on such a business by a licence
granted to, or deemed to be held by,
that person; and
5 (c) a person does not have an interest in a
licence granted to, or deemed to be held
by, another person only because the
person is an approved manager of a
prostitution service providing business
10 carried on by the other person under the
authority of that licence or deemed
licence; and
(d) a person has an interest in a permit if
the permit was granted in respect of
15 land owned or leased by that person or
an associate of that person, whether
alone or jointly with any other person.
(3) For the purposes of this section two persons
are associated if one is--
20 (a) a spouse or defacto partner of the other;
or
(b) a business partner of the other; or
(c) a person who has, or a person who is an
associate of a body corporate which
25 has, entered into a business
arrangement or relationship with the
other or with a body corporate of which
the other is an associate--
(i) in respect of the use, occupation,
30 management or otherwise of land;
or
(ii) that enables or will enable the
person, or a body corporate of
which the person is an associate,
35 to exercise a significant influence
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over or with respect to the
management or operation of a
prostitution service providing
business carried on by the other or
5 by a body corporate of which the
other is an associate; or
(d) directly receiving any income derived
from a business carried on by the other;
or
10 (e) a body corporate and the other is a
related body corporate within the
meaning of section 9 of the
Corporations Law; or
(f) a person who is a lessee or sub-lessee
15 of land used for the purposes of the
operation of a brothel that is owned or
leased by the other or by a body
corporate of which the other is an
associate; or
20 (g) a body corporate and the other is an
associate of the body corporate.
(3A) For the purposes of sub-section (3)(c), (f)
and (g) a person is an associate of a body
corporate if he or she--
25 (a) is a director or secretary of the body
corporate or a spouse or defacto partner
of such a director or secretary; or
(b) holds or will hold any relevant financial
interest, or is or will be entitled to
30 exercise any relevant power (whether in
his or her own right or on behalf of any
other person), in the business of the
body corporate and thereby is able or
will be able to exercise a significant
35 influence over or with respect to the
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management or operation of that
business; or
(c) holds or will hold any relevant position
(whether in his or her own right or on
5 behalf of any other person) in the
business of the body corporate.'.
27. Circumstances in which persons are associated
In section 77 of the Principal Act, for sub-section
(3) substitute--
10 "(3) For the purposes of sub-section (2) two
persons are associated if one is--
(a) a spouse or defacto partner of the other;
or
(b) a business partner of the other; or
15 (c) a person who has, or a person who is an
associate of a body corporate which
has, entered into a business
arrangement or relationship with the
other or with a body corporate of which
20 the other is an associate--
(i) in respect of the use, occupation,
management or otherwise of land;
or
(ii) that enables or will enable the
25 person, or a body corporate of
which the person is an associate,
to exercise a significant influence
over or with respect to the
management or operation of a
30 prostitution service providing
business carried on by the other or
by a body corporate of which the
other is an associate but not
including an arrangement or
35 relationship under which the
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person is or will be an approved
manager of the business; or
(d) directly receiving any income derived
from a business carried on by the other;
5 or
(e) a body corporate and the other is a
related body corporate within the
meaning of section 9 of the
Corporations Law; or
10 (f) a person who is a lessee or sub-lessee
of land used for the purposes of the
operation of a brothel that is owned or
leased by the other or by a body
corporate of which the other is an
15 associate; or
(g) a body corporate and the other is an
associate of the body corporate.
(3A) For the purposes of sub-section (3)(c), (f)
and (g) a person is an associate of a body
20 corporate if he or she--
(a) is a director or secretary of the body
corporate or a spouse or defacto partner
of such a director or secretary; or
(b) holds or will hold any relevant financial
25 interest, or is or will be entitled to
exercise any relevant power (whether in
his or her own right or on behalf of any
other person), in the business of the
body corporate and thereby is able or
30 will be able to exercise a significant
influence over or with respect to the
management or operation of that
business; or
(c) holds or will hold any relevant position
35 (whether in his or her own right or on
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behalf of any other person) in the
business of the body corporate.".
28. Declaration of proscribed brothel
(1) In section 80(1) of the Principal Act, for
5 paragraphs (a) and (ab) substitute--
"(a) on the application of an authorised member
of the police force, that--
(i) a business of a kind referred to in the
definition of "brothel" in section 3 is
10 being carried on at those premises; and
(ii) there is not in force--
(A) a licence authorising a person to
carry on such a business at those
premises; or
15 (B) if those premises are not a
building or part of a building, a
permit granted under the
Planning and Environment Act
1987 for the use or development
20 of those premises for the purposes
of the operation of a brothel; or".
(2) In section 80 of the Principal Act, after sub-
section (3A) insert--
"(3B) The Magistrates' Court must dismiss an
25 application under sub-section (1)(a) to the
extent that it is based on there not being in
force a licence authorising a person to carry
on at the premises which are the subject of
the application a business of a kind referred
30 to in the definition of "brothel" in section 3 if
the owner or occupier of those premises
proves that he or she is exempted by section
23 from the requirement to hold a licence.".
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(3) In section 84(1) of the Principal Act, for
paragraphs (a) and (ab) substitute--
'(a) used for the carrying on of a business of a
kind referred to in the definition of "brothel"
5 in section 3 in contravention of section 22(1)
or (1A) or 21A(1); or'.
29. Destruction of fingerprints
In section 88A(2)(a) and (3) of the Principal Act,
after "approval" insert ", or renewal of the
10 approval,".
30. New section 92 inserted
After section 91 of the Principal Act insert--
"92. Prostitution Control (Amendment) Act 1999
(1) The amendments of section 22 of this Act
15 made by sections 7 and 8 of the Prostitution
Control (Amendment) Act 1999 apply only
to offences alleged to have been committed
after the commencement of those sections.
(2) For the purposes of sub-section (1), if an
20 offence is alleged to have been committed
between two dates of which one is before
and one is on or after the day of
commencement of sections 7 and 8 of the
Prostitution Control (Amendment) Act
25 1999, the offence is alleged to have been
committed before that commencement.
(3) The amendments of this Act made by
sections 10 and 11 of the Prostitution
Control (Amendment) Act 1999 apply to--
30 (a) applications for a licence made before
the commencement of those sections
but not determined at that
commencement; and
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s. 30
Act No.
(b) applications for a licence made after
that commencement.
(4) The amendments of this Act made by
sections 12 and 22 of the Prostitution
5 Control (Amendment) Act 1999 apply to
and with respect to licensees and the licences
of licensees, whether the licence was granted
before or after the commencement of those
sections.
10 (5) Subject to sub-section (6), the amendments
of this Act made by section 13 of the
Prostitution Control (Amendment) Act
1999 apply to and with respect to licensees
and the licences of licensees, whether the
15 licence was granted before or after the
commencement of that section.
(6) The amendments of section 47 of this Act
made by section 13 of the Prostitution
Control (Amendment) Act 1999 do not
20 affect any application made to the Tribunal
under section 47(1) before the
commencement of section 13 of that Act that
had not been finally determined before that
commencement and any such application
25 shall be determined as if that section of that
Act had not come into operation.
(7) The amendments of this Act made by
sections 15 and 16(1), (2) and (3) of the
Prostitution Control (Amendment) Act
30 1999 apply to--
(a) applications for an approval or the
renewal of an approval made before the
commencement of those sections but
not determined at that commencement;
35 and
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Act No.
(b) applications for an approval or the
renewal of an approval made after that
commencement.
(8) Subject to sub-section (9), the amendments
5 of this Act made by sections 16(4) and (5),
17, 18 and 19 of the Prostitution Control
(Amendment) Act 1999 apply to and with
respect to approved managers and the
approvals of approved managers, whether
10 the approval was granted or renewed before
or after the commencement of those sections.
(9) The substitution of a new section 53 of this
Act made by section 18 of the Prostitution
Control (Amendment) Act 1999 does not
15 affect any application made to the Tribunal
under section 53(1) before the
commencement of section 18 of that Act that
had not been finally determined before that
commencement and any such application
20 shall be determined as if that section of that
Act had not come into operation.
(10) The amendment of section 77 of this Act
made by section 27 of the Prostitution
Control (Amendment) Act 1999 applies
25 only with respect to declarations made by a
court under section 77(2) of this Act after the
commencement of section 27 of that Act.
(11) The amendments of section 80 of this Act
made by section 28(1) and (2) of the
30 Prostitution Control (Amendment) Act
1999 apply only with respect to applications
made under section 80(1)(a) of this Act after
the commencement of section 28(1) and (2)
of that Act.
35 (12) The amendment of section 84(1) of this Act
made by section 28(3) of the Prostitution
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s. 31
Act No.
Control (Amendment) Act 1999 applies
to--
(a) applications under section 84 of this
Act made before the commencement of
5 section 28(3) of that Act but not
determined at that commencement; and
(b) applications under section 84 of this
Act made after that commencement.".
31. Statute law revision
10 (1) In the penalty set out at the foot of section 11A(1)
of the Principal Act, for "120 penalty units or
imprisonment for 12 months" substitute "Level 8
imprisonment (1 year maximum) or a level 8 fine
(120 penalty units maximum)".
15 (2) In section 21(3) of the Principal Act, for "Liquor
Control Act 1987" substitute "Liquor Control
Reform Act 1998".
(3) In the penalty set out at the foot of section
40AA(2) of the Principal Act, for "10 penalty
20 units" substitute "Level 10 fine (10 penalty units
maximum)".
(4) In the penalty set out at the foot of section 40A(3)
of the Principal Act, for "10 penalty units"
substitute "Level 10 fine (10 penalty units
25 maximum)".
(5) In the penalty set out at the foot of section 43 of
the Principal Act, for "60 penalty units"
substitute "Level 9 fine (60 penalty units
maximum)".
30 (6) In the penalty set out at the foot of section 45(1)
of the Principal Act, for "60 penalty units"
substitute "Level 9 fine (60 penalty units
maximum)".
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s. 31
32
Act No.
(7) In the penalty set out at the foot of section 46 of
the Principal Act, for "60 penalty units"
substitute "Level 9 fine (60 penalty units
maximum)".
5 (8) In section 48A(3) of the Principal Act, omit "(b)
or".
(9) In the penalty set out at the foot of section 52(4)
of the Principal Act, for "60 penalty units"
substitute "Level 9 fine (60 penalty units
10 maximum)".
(10) In the penalty set out at the foot of section 52A(3)
of the Principal Act, for "10 penalty units"
substitute "Level 10 fine (10 penalty units
maximum)".
15 (11) In section 54A(3) of the Principal Act, omit "(b)
or".
(12) In the penalty set out at the foot of section 57(1)
of the Principal Act, for "120 penalty units or
imprisonment for 12 months" substitute "Level 8
20 imprisonment (1 year maximum) or a level 8 fine
(120 penalty units maximum)".
(13) In the penalty set out at the foot of sections 60(1)
and (2) and 61 of the Principal Act, for "10
penalty units" substitute "Level 10 fine (10
25 penalty units maximum)".
(14) In the penalty set out at the foot of section 62(3)
of the Principal Act, for "120 penalty units or
imprisonment for 12 months" substitute "Level 8
imprisonment (1 year maximum) or a level 8 fine
30 (120 penalty units maximum)".
32. Amendment of Summary Offences Act 1966
No. 7405.
In Part I of the Summary Offences Act 1966,
Reprint No. 7
after Division 3 insert-- as at 6 August
1998.
"Division 4--Advertising of Live Sexually-
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Prostitution Control (Amendment) Act 1999
Act No.
Explicit Entertainment
39. Advertising regulations
(1) The Governor in Council may make
regulations for or with respect to--
5 (a) the size, form and content of
advertisements for live sexually-
explicit entertainment;
(b) prohibiting the advertising--
(i) in a specified publication or
10 specified class of publication; or
(ii) in a specified manner--
of advertisements for live sexually-
explicit entertainment;
(c) generally regulating the publication of
15 advertisements for live sexually-
explicit entertainment.
(2) A power conferred by sub-section (1) to
make regulations may be exercised--
(a) either in relation to all cases to which
20 the power extends, or in relation to all
those cases subject to specified
exceptions, or in relation to any
specified case or class of case; and
(b) so as to make, as respects the cases in
25 relation to which the power is
exercised--
(i) the same provision for all cases in
relation to which the power is
exercised, or different provisions
30 for different cases or classes of
case, or different provisions for
the same case or class of case for
different purposes; or
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s. 32
Act No.
(ii) any such provision either
unconditionally or subject to any
specified condition.
(3) Regulations made under sub-section (1) may
5 be made--
(a) so as to apply--
(i) at all times or at a specified time;
or
(ii) throughout the whole of the State
10 or in a specified part of the State;
or
(iii) as specified in both sub-
paragraphs (i) and (ii); and
(b) so as to require a matter affected by the
15 regulations to be--
(i) in accordance with a specified
standard or specified requirement;
or
(ii) approved by or to the satisfaction
20 of a specified person or a
specified class of person; or
(iii) as specified in both sub-
paragraphs (i) and (ii); and
(c) so as to apply, adopt or incorporate any
25 matter contained in any document
whatsoever whether--
(i) wholly or partially or as amended
by the regulations; or
(ii) as in force at the time the
30 regulations are made or at any
time before then; and
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s. 33
34
Act No.
(d) so as to confer a discretionary authority
or impose a duty on a specified person
or a specified class of person; and
(e) so as to provide in a specified case or
5 class of case for the exemption of
persons or things or a class of persons
or things from any of the provisions of
the regulations, whether
unconditionally or on specified
10 conditions and either wholly or to such
an extent as is specified; and
(f) so as to impose a penalty not exceeding
20 penalty units for a contravention of
the regulations.".
No. 108/1997.
15 33. Forfeiture offences under Confiscation Act 1997
Reprint No. 1
(1) In section 157 of the Confiscation Act 1997, after
as at 1 July
1998. Further
sub-section (10) insert--
amended by
Nos 60/1998,
"(10A) Item 18 of Schedule 1 to this Act (as inserted
80/1998 and
85/1998. in that Schedule by section 33(2) of the
20 Prostitution Control (Amendment) Act
1999) applies with respect to offences
against section 123 of this Act of which a
person is convicted after the commencement
of section 33(2) of that Act, irrespective of
25 when the offence is alleged to have been
committed.".
(2) In Schedule 1 to the Confiscation Act 1997, after
item 16 insert--
"17. An offence against section 22(1A) of the Prostitution
30 Control Act 1994 (prostitution service providers to be
licensed).
18. An offence against section 123 of this Act (possession
etc. of property suspected of being proceeds of
crime).".
35 34. Consequential amendment
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Prostitution Control (Amendment) Act 1999
Act No.
In Schedule 4 to the Magistrates' Court Act No. 51/1989.
1989, for clause 48C substitute-- Reprint No. 5
as at 1 July
"46. Offence to have interest in more than one brothel 1998. Further
amended by
licence or permit
Nos 84/1997
5 and 15/1998.
Offences under section 75(1) of the Prostitution
Control Act 1994.".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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