Victorian Consolidated Legislation

Prostitution Control Act 1994 - SECT 75

Persons not to have interest in more than one brothel licence or permit

75. Persons not to have interest in more than one brothel licence or permit



(1) A person must not have at any one time-

   (a)  an interest in more than one current licence authorising the carrying
        on of a business of a kind referred to in the definition of brothel in
        section 3, including a deemed licence arising by force of section 69
        authorising the carrying on of such a business; or

   (b)  an interest in more than one unexpired permit granted for the use of
        land for the purposes of the operation of a brothel, being a permit
        under which the use has started.

Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty
units maximum) or both.

(2) For the purposes of subsection (1)-

   (a)  a person has an interest in a licence if the licence was granted to,
        or is deemed to be held by, the person or an associate of that person;
        and

   (b)  a person does not have an interest in a licence granted to, or deemed
        to be held by, a business partner of that person if the licence or
        deemed licence authorises the business partner to carry on a
        prostitution service providing business at the same premises as those
        at which that person is authorised to carry on such a business by a
        licence granted to, or deemed to be held by, that person; and

   (c)  a person does not have an interest in a licence granted to, or deemed
        to be held by, another person only because the person is an approved
        manager of a prostitution service providing business carried on by the
        other person under the authority of that licence or deemed licence;
        and

   (d)  a person has an interest in a permit if the permit was granted in
        respect of land owned or leased by that person or an associate of that
        person, whether alone or jointly with any other person.





(3) For the purposes of this section two persons are associated if one is-



   (a)  a relative (other than an uninvolved relative) of the other; or





   (b)  a business partner of the other; or

   (c)  a person who has, or a person who is an associate of a body corporate
        which has, entered into a business arrangement or relationship with
        the other or with a body corporate of which the other is an associate-

   (i)  in respect of the use, occupation, management or otherwise of land; or

   (ii) that enables or will enable the person, or a body corporate of which
        the person is an associate, to exercise a significant influence over
        or with respect to the management or operation of a prostitution
        service providing business carried on by the other or by a body
        corporate of which the other is an associate; or

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

   (e)  a body corporate and the other is a related body corporate within the
        meaning of section 9 of the Corporations Act; or





   (f)  a person who is a lessee or sub-lessee of land used for the purposes
        of the operation of a brothel that is owned or leased by the other or
        by a body corporate of which the other is an associate; or

   (g)  a body corporate and the other is an associate of the body corporate.

(3A) For the purposes of subsection (3)(c), (f) and (g) a person is an
associate of a body corporate if he or she-

   (a)  is a director or secretary of the body corporate or a relative (other
        than an uninvolved relative) of such a director or secretary; or



   (b)  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

   (c)  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.

(4) For the purposes of this section two persons are not associated only
because one has borrowed money from the other (being an authorised
deposit-taking institution within the meaning of the Banking Act 1959 of the
Commonwealth) and the repayment of the debt is secured by a mortgage over or
in respect of land owned by the debtor.

(5) An offence against subsection (1) is an indictable offence.