Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 38

Matters to be considered in determining suitability of applicant

38. Matters to be considered in determining suitability of applicant



(1) In determining whether an applicant for a licence is a suitable person to
carry on business as a prostitution service provider, the Authority must
consider-

   (a)  whether the applicant is of good repute, having regard to character,
        honesty and integrity;

   (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) is of good repute, having regard to character, honesty and
        integrity;

   (b)  whether the applicant has, or is or will be able to obtain, financial
        resources that are adequate to ensure the financial viability of the
        business;

   (c)  whether the applicant has sufficient business ability to establish and
        maintain a successful business;

   (d)  whether the applicant will have in place arrangements to ensure the
        safety of persons working in the business that are adequate and comply
        with the prescribed requirements or the conditions or restrictions
        that might be set out in a licence;

   (e)  whether the proposed business structure is sufficiently transparent to
        enable all associates of the applicant (whether natural persons or
        bodies corporate) to be readily identified for the purposes of section
        37;

   (f)  any other matters that are prescribed.

(2) The Authority must not class a person as not being a suitable person to
carry on business as a prostitution service provider only because he or she
has worked as a prostitute.