Victorian Consolidated Regulations

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SEX WORK REGULATIONS 2016 - REG 11

Advertising controls

    (1)     Every advertisement for a business carried on by a sex work service provider must contain the letters "SWA" followed by—

        (a)     in the case of a sex work service provider who is a small owner operator exempted by section 23 of the Act from the requirement to hold a licence, the exemption number allocated to that sex work service provider by the Authority; or

        (b)     in the case of a sex work service provider who is a holder of a licence granted by the Authority under Part 3 of the Act, the licence number allocated to that sex work service provider by the Authority.

    (2)     The letters referred to in subregulation (1) and either the exemption number referred to in paragraph (a) or the licence number referred to in paragraph (b) must be clearly legible in a point type no smaller than the smallest point type appearing in the advertisement, or 7 point type, whichever is the larger.

    (3)     An advertisement for a business carried on by a sex work service provider must not contain a licence number or exemption number which is false, or which the provider is no longer entitled to use.

    (4)     An advertisement for a business carried on by a sex work service provider must not—

        (a)     subject to subregulation (5), contain a photographic or other pictorial representation of a person unless it is restricted to the head and shoulders; or

        (b)     be published through radio, television, film or video recording; or

        (c)     contain a photographic or other pictorial representation of a particular person unless that person has given written consent for that advertisement and a copy of the signed consent has been given to that person; or

        (d)     refer to the health of, or any diagnostic procedures or medical testing undertaken by, the person offering sexual services.

    (5)     An advertisement for a business carried on by a sex work service provider that is published on the Internet may contain a photographic or other pictorial representation of a person which is not restricted to the head and shoulders, provided that the advertisement does not contain a photographic or other pictorial representation of—

        (a)     the bare sexual organs, buttocks or anus of a person, or frontal nudity of the genital region; or

        (b)     bare breasts; or

        (c)     a sexual act or simulated sexual act; or

        (d)     a person under the age of 18 years.

    (6)     An advertisement for a business carried on by a sex work service provider may—

        (a)     contain references to the sexual orientation, race, colour or ethnic origin of the person offering sexual services; and

        (b)     state that safer sexual practices are engaged in and that condoms are always used.

    (7)     A person must not arrange for any photograph, pictorial representation, text or other material to appear in conjunction with an advertisement for a business carried on by a sex work service provider unless that material is itself an advertisement for such a business.

    (8)     An advertisement for a business carried on by a sex work service provider must not exceed a size of 18 centimetres by 13 centimetres unless—

        (a)     it appears in outdoor advertising; or

        (b)     it appears in an electronic communication; or

        (c)     it appears on the Internet.

    (9)     If 2 or more advertisements for a sex work service provider are published in the same publication, apart from an advertisement referred to in subregulation (8)(a), (b) or (c), they must not form part of a unified whole which exceeds a size of 18 centimetres by 13 centimetres.



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