Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 22

Prostitution service providers to be licensed

22. Prostitution service providers to be licensed



(1) A person must not knowingly or recklessly carry on business as a
prostitution service provider-

   (a)  without holding a licence; or



   (b)  in breach of any condition of a licence; or





   (c)  when a licence is suspended.



Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty
units maximum) or both.

(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

   (c)  when a licence is suspended.

Penalty: Level 7 fine (240 penalty units maximum).

(2) In a proceeding for an offence against subsection (1) or (1A) it is a
defence to the charge for the accused to prove that he or she was exempted by
section 23 from the requirement to hold a licence.

(2A) In a proceeding for an offence against subsection (1A) it is a defence to
the charge for the accused to prove that, at the time of the 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 against that subsection.

(3) A person must not assist in the carrying on of a prostitution service
providing business at a time when he or she knows that subsection (1) is being
contravened or is reckless as to whether or not subsection (1) is being
contravened.

Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty
units maximum) or both.

(4) An offence against subsection (1) or (3) is an indictable offence.

(5) In a proceeding for an offence against subsection (1), (1A) or (3)
evidence of the presence on premises of materials commonly used in safe sexual
practices is inadmissible for the purpose of establishing that a prostitution
service provider carried on business on those premises.