Victorian Current Acts

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SEX WORK ACT 1994 - SECT 3

Definitions

    (1)     In this Act—

"Advisory Committee" means the Advisory Committee established by section 67;

S. 3(1) def. of approved manager inserted by No. 47/1997 s. 4, amended by Nos 52/1998 s. 194(a), 1/2010 s. 42(2)(Sch. item 2(a)) (as amended by No. 63/2010 s. 27).

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

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

S. 3(1) def. of authorised member of the police force repealed by No. 37/2014 s. 10(Sch. item 155.1(b)).

    *     *     *     *     *

"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;

S. 3(1) def. of authorised police officer inserted by No. 37/2014 s. 10(Sch. item 155.1(a)).

"authorised police officer "means a police officer 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;

S. 3(1) def. of Authority inserted by No. 52/1998 s. 194(b).

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

S. 3(1) def. of Board repealed by No. 52/1998 s. 194(c).

    *     *     *     *     *

S. 3(1) def. of brothel amended by Nos 82/2008 s. 3(1), 1/2010 s. 42(2)(Sch. item 2(b)) (as amended by No. 63/2010 s. 27).

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

S. 3(1) def. of building inserted by No. 73/1996 s. 69, amended by No. 65/2010 s. 420(Sch. 3 item 15).

"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 Safety Act 2010 ; 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;

S. 3(1) def. of children's services centre substituted by No. 53/1996 s. 60.

"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;

S. 3(1) def. of director amended by No. 44/2001 s. 3(Sch. item 94.1).

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

S. 3(1) def. of Director of Fair Trading inserted by No. 52/1998 s. 194(b), substituted by No. 17/1999 s. 40, repealed by No. 35/2000 s. 49(b).

    *     *     *     *     *

S. 3(1) def. of disqualifying offence amended by No. 52/1998 s. 194(d), substituted by No. 73/2011 s. 3(a).

"disqualifying offence" means—

        (a)     an indictable offence; or

        (b)     an offence which, if committed in Victoria, would have been an indictable offence;

S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 8(Sch. 6 item 5.1), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 49.1).

"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 ;

S. 3(1) def. of education and care service premises inserted by No. 80/2011 s. 79(Sch. item 7.1).

"education and care service premises" means a place where an education and care service (other than a family day care service) within the meaning of the Education and Care Services National Law (Victoria) educates or cares for children;

S. 3(1) def. of entry authority amended by No. 73/2011 s. 3(b).

"entry authority" means writing issued in accordance with the procedure set out in section 64(2) or 78B(2);

S. 3(1) def. of escort agency amended by Nos 82/2008 s. 3(2), 1/2010 s. 42(2)(Sch. item 2(c)) (as amended by No. 63/2010 s. 27).

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

S. 3(1) def. of Fund amended by Nos 52/1998 s. 194(e), 1/2010 s. 42(2)(Sch. item 2(d)) (as amended by No. 63/2010 s. 27).

"Fund" means the Sex Work Regulation Fund;

S. 3(1) def. of HIV inserted by No. 46/2008 s. 283(1).

"HIV" has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008 ;

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

S. 3(1) def. of insolvent under administration inserted by No. 101/1998 s. 10(1), repealed by No. 4/2008 s. 32(Sch. item 27).

    *     *     *     *     *

S. 3(1) def. of inspector inserted by No. 44/1999 s. 4(1), amended by No. 21/2012 s. 239(Sch. 6 item 42.1).

"inspector" means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012 ;


S. 3(1) def. of
law enforcement agency amended by Nos 52/2003 s. 52(Sch.  1 item 10), 37/2014 s. 10(Sch. item 155.1(c)).

"law enforcement agency" means—

        (a)     Victoria Police or the police force or police service 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;

S. 3(1) def. of lease inserted by No. 44/1999 s. 4(1).

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

S. 3(1) def. of licence amended by No. 1/2010 s. 42(2)(Sch. item 2(e)) (as amended by No. 63/2010 s. 27).

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

S. 3(1) def. of member repealed by No. 52/1998 s. 194(c).

    *     *     *     *     *

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;

S. 3(1) def. of officer amended by No. 44/2001 s. 3(Sch. item 94.1).

"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;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 155.1(a)).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of prostitution repealed by No. 1/2010 s. 42(2)(Sch. item 3) (as amended by No. 63/2010 s. 27).

    *     *     *     *     *

S. 3(1) def. of prostitution service provider repealed by No. 1/2010 s. 42(2)(Sch. item 4) (as amended by No. 63/2010 s. 27).

    *     *     *     *     *

"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;

S. 3(1) def. of Registrar substituted by No. 52/1998 s. 194(f).

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

S. 3(1) def. of relative inserted by No. 82/2008 s. 3(3).

"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 ;

S. 3(1) def. of school substituted by No. 24/2006 s. 6.1.2(Sch. 7 item 32).

"school" means a Government school or non‑Government school within the meaning of the Education and Training Reform Act 2006 ;

S. 3(1) def. of sex work inserted by No. 1/2010 s. 42(2)(Sch. item 5) (as amended by No. 63/2010 s. 27).

"sex work" 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;


S. 3(1) def. of sex work service provider inserted by No. 1/2010 s. 42(2)(Sch. item 5) (as amended by No. 63/2010 s. 27).

sex work 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 ;



S. 3(1) def. of sexual penetration inserted by No. 44/1999 s. 4(2), substituted by No. 74/2014 s. 34, amended by No. 47/2016 s. 44.

sexual penetration has the meaning given by section 35A of the Crimes Act 1958 ;

S. 3(1) def. of sexual services substituted by No. 44/1999 s. 4(3).

"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;

S. 3(1) def. of sexually transmitted disease amended by No. 46/2008 s. 283(2), repealed by No. 23/2016 s. 37(a).

    *     *     *     *     *

S. 3(1) def. of sexually transmissible infection inserted by No. 23/2016 s. 37(b).

"sexually transmissible infection" means a disease or condition prescribed by the regulations to be a sexually transmissible infection;

S. 3(1) def. of spouse inserted by No. 27/2001 s. 8(Sch. 6 item 5.1).

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

S. 3(1) def. of the Director inserted by No. 35/2000 s. 49(a), amended by No. 21/2012 s. 239(Sch. 6 item 42.2).

the Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012 ;

S. 3(1) def. of Tribunal inserted by No. 52/1998 s. 194(b).

"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;

S. 3(1) def. of uninvolved relative inserted by No. 82/2008 s. 3(4), amended by No. 1/2010 s. 42(2)(Sch. item 2(f)) (as amended by No. 63/2010 s. 27).

"uninvolved relative" means a relative of a person who—

        (a)     is not, and has never been involved in any business of the person involving sex work; or

        (b)     does not propose to be involved in the business that the person proposes to conduct as licensee or supervise as approved manager;

S. 3(1) def. of vagina inserted by No. 44/1999 s. 4(2).

"vagina" includes—

        (a)     the external genitalia; and

        (b)     a surgically constructed vagina.

S. 3(2) inserted by No. 27/2001 s. 8(Sch. 6 item 5.2), substituted by No. 12/2008 s. 73(1)(Sch.  1 item 49.2).

    (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.

S. 3A
inserted by No. 44/1999 s. 5.



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