Victorian Consolidated Legislation

PROSTITUTION CONTROL ACT 1994

No. 102 of 1994
Version incorporating amendments as at 1 May 2008

TABLE OF PROVISIONS

           Section Page

   PART I-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   3A.     Admission charge constitutes payment for sexual services
   4.      Objects of Act

   PART 2-OFFENCES CONNECTED WITH PROSTITUTION

   5.      Causing or inducing child to take part in prostitution
   6.      Obtaining payment for sexual services provided by a child
   7.      Agreement for provision of sexual services by a child
   8.      Forcing person into or to remain in prostitution
   9.      Forcing person to provide financial support out of prostitution
   10.     Living on earnings of prostitute
   11.     Allowing child to take part in prostitution
   11A.    Child over 18 months not to be in brothel
   12.     Street prostitution (offences by clients)
   13.     Street prostitution (offences by prostitutes)
   14.     Exceptions to street prostitution offences
   15.     Being in, entering or leaving unlicensed brothel
   16.     Offensive behaviour towards prostitutes
   17.     Controls on advertising by prostitution service providers
   18.     Advertising regulations
   19.     Permitting prostitute infected with a disease to work in a brothel etc.
   20.     Prostitute working while infected with a disease
   21.     Consuming liquor in brothel
   21A.    Operating brothel other than in a building

   PART 3-LICENSING SYSTEM

           Division 1-Requirement to be licensed

   22.     Prostitution service providers to be licensed
   23.     Special provisions for small owner-operated businesses
   24.     Register for businesses to which section 23 applies

           Division 2-The Authority and the Director

   25.     Functions of Authority
   26.     Functions of Director
   27.     Delegation by Director
           27A-32. Repealed

           Division 3-Applications

   33.     Application for licence
   34.     Applications to be made available to the public
   35.     Notice of application
   36.     Application to be referred to Director and the Chief Commissioner
   36A.    Consideration of application
   37.     Circumstances in which Authority must refuse licence application
   38.     Matters to be considered in determining suitability of applicant
   39.     Grant or refusal of licence
   40.     Amendment of licence
   40AA.   Endorsement of licence
   40A.    Surrender of licence
   41.     Cancelled or suspended licence must be returned
   42.     Repealed
   43.     Updating of application
   44.     Withdrawal of application
   45.     False or misleading information
   46.     Requirement to notify changes in information provided
   46A.    Annual licence fee and statement
   46B.    Extension of time
   46C.    Failure to comply with section 46A.
   46D.    Production of information to Authority
   46E.    Rule against self-incrimination does not apply

           Division 4-Licence cancellation and disciplinary action

   47.     Licence cancellation
   48.     Disciplinary action against licensee
   48A.    Disciplinary powers of Tribunal

           Division 5-Approved managers

   49.     Personal supervision of business
   50.     Approval of manager
   51.     Circumstances in which Authority must refuse approval or renewal application
   52.     Grant or refusal of approval or renewal
   52AA.   Amendment of approval
   52AB.   Endorsement of certificate of approval
   52A.    Surrender of approval
   53.     Cancellation of approval
   54.     Disciplinary action against approved manager
   54A.    Disciplinary powers of Tribunal
   54B.    Cancelled or suspended approval must be returned

           Division 6-Register

   55.     Licence and approvals register

           Division 7-Applications for review

   56.     Applications for review

           Division 8-Offences

   57.     Licensee not to carry on business with unlicensed partner etc.
   58.     Power to require licensee, etc. to state name and address
   59.     Power to require person to state age
   60.     Display of licence
   61.     Production of licence or certificate of approval

           Division 8A-Inspection Powers

   61A.    Definitions
   61B.    Production of identity card
   61C.    Accounts and other documents available for inspection
   61D.    Licensees to produce documents and answer questions
   61E.    Third parties to produce documents and answer questions
           relating to specified business
   61F.    Department Heads, police and public authorities to produce information to inspectors
   61G.    Certain other specified persons or bodies to produce
           information
   61H.    Powers on production of documents
   61I.    Order requiring supply of information and answers to
           questions
   61J.    Entry or search with consent
   61K.    Entry without consent or warrant
   61L.    Search warrants
   61M.    Announcement before entry
   61N.    Details of warrant to be given to occupier
   61O.    Seizure of things not mentioned in the warrant
   61P.    Embargo notice
   61Q.    Copies of seized documents
   61R.    Retention and return of seized documents or things
   61S.    Magistrates' Court may extend 3 month period
   61T.    Requirement to assist inspector during entry
   61U.    Refusal or failure to comply with requirement
   61V.    Rule against self-incrimination does not apply
   61W.    Offence to give false or misleading information
   61WA.   Powers of court if requirement to produce information not complied with
   61X.    Application of provisions relating to inspections
   61Y.    Service of documents
   61Z.    Confidentiality

           Division 9-Powers of entry

   62.     Entry to licensed premises by police
   63.     Entry to unlicensed premises-search warrant
   64.     Entry to unlicensed premises-without search warrant
   65.     Admissibility of evidence obtained under entry authority

           Division 10-Miscellaneous

   66.     Prostitution Control Board Fund
   67.     Advisory Committee
   68.     Regulations

           Division 11-Transitional

   69.     Transitional (licence)
   70.     Transitional (manager approval)

   PART 4-PLANNING CONTROLS ON BROTHELS

           Division 1-Definitions

   71.     Definitions

           Division 2-Permits

   72.     Restriction on certain permit applications
   73.     Matters to be considered by responsible authority
   74.     Restriction on granting of permits
   75.     Persons not to have interest in more than one brothel licence
           or permit
   75A.    Amendment of permits under the Planning and Environment Act 1987.
   76.     Transitional provision

           Division 3-Application of Planning and Environment Act 1987.

   77.     Offences under Planning and Environment Act 1987.
   78.     Powers of entry

           Division 4-Miscellaneous

   79.     Regulations

   PART 5-PROSCRIBED BROTHELS

   80.     Declaration of proscribed brothel
   81.     Publication of declaration
   82.     Offences with respect to proscribed brothels
   83.     Police powers with respect to proscribed brothels
   84.     Rescission of declaration
   85.     Proof of declaration or rescission

   PART 6-GENERAL

   86.     Who may bring proceedings for offences?
   86A.    Application of Fair Trading Act 1986.
   87.     Secrecy
   88.     Immunity
   88A.    Destruction of fingerprints etc.
   89.     Evidentiary provisions
   90.     Regulations

   PART 7-TRANSITIONAL PROVISIONS

   91.     Prostitution Control (Amendment) Act 1997.
   92.     Prostitution Control (Amendment) Act 1999.
           93-98. Repealed
           __________________
           1, 2-Repealed
           SCHEDULE 3-Disciplinary Offences
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details