Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 49

Personal supervision of business

49. Personal supervision of business



(1) A licensed business of a kind referred to in the definition in section 3
of brothel must at all times when open for business be personally supervised
by the licensee or an approved manager.

(2) A licensee or approved manager who is not on the premises at which the
business is being carried on at a particular time cannot be regarded as
personally supervising the business at that time.

(3) If subsection (1) is contravened with respect to a licensed prostitution
service providing business-

   (a)  the licensee; and

   (b)  the approved manager (if any) whose duty it was to personally
        supervise the business at the relevant time-

are each guilty of an offence and liable to a penalty of not more than 60
penalty units or imprisonment for not more than 6 months.

(4) In a proceeding for an offence against subsection (3), it is a defence to
the charge for the accused to prove that at the time the offence is alleged to
have been committed-

   (a)  the accused did not know and could not reasonably have known that the
        business was open for business and was not being personally supervised
        as required by subsection (1); or

   (b)  the accused believed on reasonable grounds that the business was being
        personally supervised as required by subsection (1).