Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 23

Special provisions for small owner-operated businesses

23. Special provisions for small owner-operated businesses



(1) Subject to this section, the following are exempt from the requirement to
hold a licence-

   (a)  a person carrying on a business as a prostitution service provider-

   (i)  of a kind referred to in the definition of brothel in section 3 at
        premises in accordance with a permit granted under the
        Planning and Environment Act 1987; or

   (ii) of a kind referred to in the definition of escort agency in section 3;
        or

   (iii) of a kind referred to in both subparagraphs (i) and (ii)- if only
        that person works as a prostitute in that business or only that person
        and one other particular person so work;

   (b)  two persons who either jointly or separately carry on such a business
        if only those persons work as prostitutes in that business.

(2) An exemption referred to in subsection (1) does not apply if-

   (a)  clients are managed or directed to the premises or otherwise attended
        to by a person who does not work in the business and who performs this
        function in the course of another business; or

   (b)  a person who works in the business directs clients to a prostitute who
        does not work in the business; or

   (c)  the business being carried on is associated with another prostitution
        service providing business, whether of the kind referred to in the
        definition of brothel or escort agency in section 3 or of both kinds.

(3) For the purposes of subsection (2)(c) businesses are associated if-

   (a)  they are carried on by the same person; or

   (b)  one business is carried on by a person and the other business is
        carried on by a person who is-

   (i)  a relative (other than an uninvolved relative) of that person; or

   (ii) a business partner of that person; or

   (iii) a person who has entered into a business arrangement or relationship
        with that person in respect of that person's business as a
        prostitution service provider; or

   (iv) directly receiving any income derived from the business carried on by
        the other; or

   (c)  one business is carried on by a body corporate and the other business
        is carried on by a person who-

   (i)  is a director or secretary of the body corporate or a spouse or
        domestic partner of such a director or secretary; or

   (ii) holds or will hold any relevant financial 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 will be able to exercise a
        significant influence over or with respect to the management or
        operation of that business; or

   (iii) holds or will hold any relevant position (whether in his or her own
        right or on behalf of any other person) in the business of the body
        corporate; or

   (iv) is a related body corporate within the meaning of section 9 of the
        Corporations Act or a director or secretary, or a spouse or domestic
        partner of a director or secretary, of a related body corporate.