Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 54A

Disciplinary powers of Tribunal

54A. Disciplinary powers of Tribunal





(1) In addition to any other powers of the Tribunal under this Act it may, if
satisfied that there are grounds for taking action against an approved manager
under this section, by order do one or more of the following-

   (a)  reprimand the approved manager;



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   (c)  order the approved manager to pay into the Fund a penalty of up to $10
        000;

   (d)  impose any condition or restriction on the approval;

   (e)  require the approved manager to enter into an undertaking to perform,
        or not to perform, certain tasks to be specified in the undertaking;

   (f)  require the approved manager to comply within, or for, a specified
        time with a requirement specified by the Tribunal;

   (g)  cancel the approval or suspend the approval for a specified period not
        exceeding one year;

   (h)  order that the approved manager be ineligible to hold an approval or
        be a licensee either permanently or temporarily.

(2) Despite anything to the contrary in subsection (1), the only action that
the Tribunal may take solely on the ground set out in section 54(3)(e) is to
suspend the approval.

(3) If the Tribunal orders the payment of an amount under subsection (1)(c)-

   (a)  it may order that the amount be paid by a specified date; and

   (b)  if the amount is not paid by that date, it may suspend the approval
        until the amount is paid and set a final payment date; and

   (c)  if the amount has not been paid by that final date, it may cancel the
        approval; and

   (d)  it may extend any period of time it sets under paragraph (a) or (b) at
        any time.

(4) The Tribunal may suspend or cancel an approval under subsection (3)
without giving the approved manager a chance to be heard.

(5) Subject to subsection (6), a suspension imposed under subsection (1)
solely on the ground set out in section 54(3)(e) remains in force until the
approval-

   (a)  is surrendered; or

   (b)  is cancelled.





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(6) The Tribunal must immediately remove a suspension referred to in
subsection (5) if-

   (a)  the charge is withdrawn; or

   (b)  the approved manager is not found guilty of the offence on the hearing
        and determination of the charge; or

   (c)  any finding of guilt made, and any conviction recorded, on the hearing
        and determination of the charge is set aside on appeal.

(7) The cancellation or suspension of an approval has no effect on any permit
in force under the Planning and Environment Act 1987 for a use or development
of land for the purposes of the prostitution service providing business
managed by the approved manager or on any action which might be taken under
that or any other Act or law in respect of a contravention of a condition of
such a permit.