Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 3

Definitions

3. Definitions



(1) In this Act-

Advisory Committee means the Advisory Committee established by section 67;

approved manager means a person who holds an approval of the Authority under
section 52 as a manager of a prostitution service providing business;



assault has the same meaning as in section 31(1) of the Crimes Act 1958;

authorised member of the police force means a member of the police force who
is-

   (a)  of or above the rank of sergeant; or

   (b)  authorised in writing by the Chief Commissioner of Police to enforce
        Parts 3 to 5;

authorised officer of the responsible authority means an officer of the
responsible authority who is authorised in writing by the responsible
authority to enforce Parts 4 and 5;

Authority means the Business Licensing Authority established under the
Business Licensing Authority Act 1998;



* * * * *





brothel means any premises made available for the purpose of prostitution by a
person carrying on the business of offering or providing prostitution services
at the business's premises;

building means building or other structure permanently affixed to land, other
than land covered with water, but does not include-

   (a)  a building or structure that is of a temporary nature or that is
        readily capable of being moved or transported from place to place; and

   (b)  a vehicle within the meaning of the Road Safety Act 1986; and

   (c)  a railway locomotive or railway rolling stock; and

   (d)  a vessel within the meaning of the Marine Act 1988; and

   (e)  an aircraft of any type;

caretaker's house means a dwelling on a site occupied by-

   (a)  the owner or manager of an industry, business or community or
        religious establishment conducted on the site; or

   (b)  a person who has care of any building on the site in which such an
        industry, business or establishment is conducted or of any plant on
        the site used in the conduct of that industry, business or
        establishment;

child means a person under the age of 18 years;

children's services centre means any premises or place where a children's
service within the meaning of the Children's Services Act 1996 operates;

director, in relation to a body corporate, has the same meaning as in section
9 of the Corporations Act;



* * * * *







disqualifying offence, in relation to an application for a licence, means-

   (a)  an indictable offence; or

   (b)  an offence which, if committed in Victoria, would have been an
        indictable offence- that, in the opinion of the Authority, is of a
        kind that renders the applicant ineligible to hold a licence; domestic
        partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

drug of dependence has the same meaning as in the
Drugs, Poisons and Controlled Substances Act 1981;

entry authority means writing issued in accordance with the procedure set out
in section 64(2);

escort agency means a business of offering or providing, or facilitating the
offer or provision of, prostitution services to persons at premises not made
available by the agency;

Fund means the Prostitution Control Fund;



hospital means public hospital, private hospital or denominational hospital
within the meaning of the Health Services Act 1988;

* * * * *







inspector means an inspector appointed under the Fair Trading Act 1999;

law enforcement agency means-

   (a)  the police force of Victoria or of any other State or of the Northern
        Territory; or

   (b)  the Australian Federal Police; or

   (c)  the Australian Crime Commission established by the
        Australian Crime Commission Act 2002 of the Commonwealth;

lease includes a sub-lease and an agreement for a lease or sub-lease;

licence means a licence granted under Part 3 authorising the holder to carry
on business as a prostitution service provider;

* * * * *







office hours means between the hours of 9.00 a.m. and 5.00 p.m. on any day
other than-

   (a)  a Saturday or Sunday; or

   (b)  a day appointed under the Public Holidays Act 1993 as a public holiday
        in the relevant place;

officer, in relation to a body corporate, has the meaning given by section 82A
of the Corporations Act;

owner means the person for the time being entitled to receive the rent of the
land with respect to which the word is used or who would be entitled to
receive the rent if the land were let at a rent;

payment includes any form of commercial consideration;

prostitution means the provision by one person to or for another person
(whether or not of a different sex) of sexual services in return for payment
or reward;

prostitution service provider means a person carrying on a business of a kind
referred to in the definitions in this section of brothel and escort agency;

public place has the same meaning as in the Summary Offences Act 1966;

publish means-

   (a)  insert in a newspaper or other publication; or

   (b)  disseminate by broadcast, telecast or cinematograph; or

   (c)  exhibit by means of posters, film or videotape; or

   (d)  send or deliver to any person by any means whatever; or

   (e)  throw or leave upon premises in the occupation of any person; or

   (f)  bring to the notice of the public or any member of the public by any
        other means whatever;

Registrar means the Registrar of the Authority appointed under the
Business Licensing Authority Act 1998;

relative, in relation to a person, means-

   (a)  the spouse or domestic partner of the 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 person;

relevant financial interest, in relation to a business, means-

   (a)  any share in the capital of the business; or

   (b)  any entitlement to receive any income derived from the business; or

   (c)  any entitlement to receive any payment as a result of money advanced
        to the business;



relevant position, in relation to a business, means the position of director,
manager or other executive position or secretary, however that position is
designated;

relevant power, in relation to a business, means any power, whether
exercisable by voting or otherwise and whether exercisable alone or in
association with others-

   (a)  to participate in any directorial, managerial or executive decision in
        the business; or

   (b)  to elect or appoint any person to any relevant position in the
        business;

responsible authority has the same meaning as in the
Planning and Environment Act 1987; school means a Government school or
non-Government school within the meaning of the
Education and Training Reform Act 2006;

sexual penetration has the same meaning as in Subdivisions (8A) to (8G) of
Division 1 of Part I of the Crimes Act 1958;

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 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 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
        masturbating themselves or each other or one or more of them- in
        circumstances in which-

   (iv) there is any form of direct physical contact between any person
        viewing the occurrence and any person taking part in the occurrence;
        or

   (v)  any person viewing the occurrence is permitted or encouraged to
        masturbate himself or herself while viewing- 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;

sexually transmitted disease means-

   (a)  a disease or condition prescribed by the regulations to be a sexually
        transmitted disease; or

   (b)  HIV as defined by section 3 of the Health Act 1958;

spouse of a person means a person to whom the person is married;



the Director means the Director within the meaning of the
Fair Trading Act 1999;



Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998; uninvolved relative
means a relative of a person who-

   (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 conduct as licensee or supervise as approved manager;

vagina includes-

   (a)  the external genitalia; and

   (b)  a surgically constructed vagina.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.