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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Prostitution Amendment Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Prostitution Act 2000
amended
3. The Act amended 3
4. Section 1 amended 3
5. Section 3 amended 3
6. Section 4 amended 6
7. Section 4A inserted 6
4A. Delegation 6
8. Part 2 heading amended 6
9. Section 7 amended 7
10. Section 8 replaced by sections 8 and 8A 8
8. Minimising risk of acquiring or transmitting
prescribed infection or virus 8
8A. Prohibition on certain commercial sexual
acts if infected 8
11. Section 9 amended 9
12. Section 10 amended 9
13. Section 10A inserted 9
10A. Restrictions on advertising commercial
sexual acts 9
14. Sections 13A and 13B inserted 10
13A. Refusal to take part in commercial sexual
act 10
13B. Refusal to work as sex worker does not
affect entitlements 11
15. Part 2 Division 2 heading replaced 11
16. Section 14 amended 11
226--3 page i
Prostitution Amendment Bill 2007
Contents
17. Section 17 amended 11
18. Section 20 amended 12
19. Section 21 amended 12
20. Section 21A and Part 3A inserted 12
21A. Obligations, in relation to children, of
those who operate sexual service
business 12
Part 3A -- Sexual service business
Division 1 -- Requirement for certificate
21B. Those who must hold a certificate 14
Division 2 -- Manager's or operator's certificate
21C. Who may apply for a certificate or renewal 14
21D. Application 15
21E. Further information relevant to application 15
21F. Report and information provided by
Commissioner of Police 16
21G. Restrictions on who can have a certificate 17
21H. Duration of certificate 18
21I. Register of certificate holders 19
21J. Inspection of register 19
21K. Certificate 20
21L. Display of certificate by operator or
manager 20
Division 3 -- Suspension or revocation of certificate
21M. Powers of CEO 21
21N. Suspension or revocation of a certificate 23
Division 4 -- Conducting a sexual service business
21O. Operator or manager must be present 24
21P. Sex worker must be an employee or
contractor 24
21Q. Sexual service business not to operate at
or from licensed premises 25
21R. One small owner-operated business to
operate from premises 25
Division 5 -- Protection of sex workers and clients
21S. Obligations of operators and managers 25
21T. Prevention of penetrative sex if infected 26
21U. Prophylactic sheath to be provided for use 27
Division 6 -- Powers of entry
21V. Entry by police officer for certain purposes 27
Division 7 -- Review by State Administrative
Tribunal
21W. Review 28
page ii
Prostitution Amendment Bill 2007
Contents
Division 8 -- Planning and development controls
21X. Approvals for existing well managed
places 29
21Y. Other places 30
Division 9 -- Offences
21Z. False or misleading information 31
21ZA. Offences in relation to determination
under section 21M 32
21ZB. Incriminating information, questions or
documents 33
21ZC. Obstruction of police officer 33
21ZD. CEO to be notified of certain matters 34
21. Section 26 amended 35
22. Section 56 amended 35
23. Section 57 amended 36
24. Section 58 amended 36
25. Sections 59A and 60 inserted 36
59A. Liability of operator for offence by
manager 36
60. Review of Act 36
26. Schedule 2 inserted 37
Schedule 2 -- Offences relevant to granting
a certificate
27. Various references to prostitute changed to sex
worker 38
28. Various references to prostitute's changed to sex
worker's 39
Part 3 -- Other Acts amended
29. Community Protection (Offender Reporting)
Act 2004 amended 40
30. The Criminal Code amended 40
31. Evidence Act 1906 amended 40
32. Liquor Control Act 1988 amended 42
33. Nurses and Midwives Act 2006 amended 42
34. Western Australian College of Teaching Act 2004
amended 42
35. Working with Children (Criminal Record
Checking) Act 2004 amended 43
36. Young Offenders Act 1994 amended 44
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Prostitution Amendment Bill 2007
A Bill for
An Act to amend --
· the Prostitution Act 2000; and
· certain other Acts as a consequence; and
· the Liquor Control Act 1988.
The Parliament of Western Australia enacts as follows:
page 1
Prostitution Amendment Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Prostitution Amendment Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
page 2
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 3
Part 2 -- Prostitution Act 2000 amended
3. The Act amended
The amendments in this Part are to the Prostitution Act 2000.
4. Section 1 amended
5 Section 1 is amended by deleting "Prostitution Act" and
inserting instead --
" Sexual Services Act ".
5. Section 3 amended
(1) Section 3 is amended as follows:
10 (a) in the definition of "client" by deleting "given to that
term in" and inserting instead --
" it has under ";
(b) after the definition of "public place" by deleting the full
stop and inserting a semicolon instead;
15 (c) by deleting the definitions of "act as a prostitute", "act
of prostitution", "prostitute" and "prostitution".
(2) Section 3 is amended by inserting in the appropriate
alphabetical positions --
"
20 "act as a sex worker" means to take part, as a sex
worker, in a commercial sexual act;
"CEO" means the chief executive officer of the
Department;
"certificate" means a certificate issued or renewed
25 under section 21G;
"certificate holder" means the holder of a manager's
certificate or an operator's certificate;
"commercial sexual act" has the meaning it has under
section 4;
page 3
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 5
"Department" means the department of the Public
Service principally assisting the Minister in the
administration of Part 3A of this Act;
"incapable person" means a person who, because of
5 intellectual disability, mental illness, brain damage
or senility, is incapable --
(a) of understanding the nature and effect of a
commercial sexual act; or
(b) of guarding himself or herself against sexual
10 exploitation;
"individual sex worker" means a person who solely
owns and carries on a sexual service business --
(a) involving the provision of a commercial
sexual act by that person only; and
15 (b) where that person has full control over his or
her individual earnings from taking part in
commercial sexual acts;
"manage", in relation to a sexual service business,
means undertake the immediate management,
20 direction or control of the conduct of the sexual
service business;
"manager" means a person who holds a manager's
certificate;
"officer", in relation to a proprietary company,
25 means --
(a) a director or secretary of the company; or
(b) a person who exercises or exerts control or
influence over the company, or is in a
position to do so; or
30 (c) a person who is a shareholder of the
company;
page 4
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 5
"operate", in relation to a sexual service business,
means --
(a) whether alone or with others, own, operate
or carry on the sexual service business; or
5 (b) employ, supervise or direct any person who
undertakes the immediate management,
direction or control of the conduct of the
sexual service business; or
(c) exercise or exert, or be in a position to
10 exercise or exert, control or substantial
influence over the manner in which the
sexual service business is conducted;
"operator" means a person who holds an operator's
certificate;
15 "proprietary company" has the meaning given to that
term in the Commonwealth Corporations Act 2001
section 9;
"register" means the register referred to in section 21I;
"sexual service business" means the business of
20 providing, or arranging the provision of, a
commercial sexual act;
"sex worker" has the meaning it has under section 4;
"small owner-operated business" means a sexual
service business --
25 (a) in which not more than 2 sex workers work;
and
(b) where each of those sex workers has full
control over his or her individual earnings
from taking part in commercial sexual acts.
30 ".
page 5
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 6
6. Section 4 amended
Section 4 is amended as follows:
(a) by deleting "prostitution it means prostitution" and
inserting instead --
5 " a commercial sexual act it means a sexual act ";
(b) by deleting "prostitute" and inserting instead --
" sex worker ".
7. Section 4A inserted
After section 4 the following section is inserted in Part 1 --
10 "
4A. Delegation
(1) The CEO may delegate to a person any power or duty
of the CEO under another provision of this Act.
(2) The delegation must be in writing signed by the CEO.
15 (3) A person to whom a power or duty is delegated under
this section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that
has been delegated to the person under this section is to
be taken to do so in accordance with the terms of the
20 delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the CEO to
perform a function through an officer or agent.
".
8. Part 2 heading amended
25 The heading to Part 2 is amended by deleting "prostitution" and
inserting instead --
" commercial sexual acts ".
page 6
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 9
9. Section 7 amended
Section 7(1) is amended as follows:
(a) after paragraph (d) by inserting --
"
5 (da) use any power or authority arising out of --
(i) any occupational or vocational position
held by the person; or
(ii) any relationship existing between the
person and anyone;
10 or
(db) make an accusation or disclosure (whether true
or false) --
(i) of any offence committed by anyone; or
(ii) of any other misconduct that is likely to
15 damage seriously the reputation of
anyone; or
(iii) that anyone is unlawfully in Australia;
or
";
20 (b) by deleting "prostitute." and inserting instead --
"
sex worker or to surrender the proceeds of acting as a
sex worker.
";
25 (c) after each of paragraphs (a), (b) and (c) by inserting --
" or ".
page 7
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 10
10. Section 8 replaced by sections 8 and 8A
Section 8 is repealed and the following sections are inserted
instead --
"
5 8. Minimising risk of acquiring or transmitting
prescribed infection or virus
(1) A person must not take part in a commercial sexual act
without using a prophylactic that is appropriate for
preventing the transmission of bodily fluid from one
10 person to another.
(2) A person must not, for the purpose of taking part in a
commercial sexual act, state or imply that a medical
examination of that person means that he or she is not
infected, or likely to be infected, with a prescribed
15 infection or virus.
(3) A person who takes part in a commercial sexual act
must take all other reasonable steps to minimise the
risk of acquiring or transmitting a prescribed infection
or virus.
20 Penalty: a fine of $10 000.
8A. Prohibition on certain commercial sexual acts if
infected
A person must not take part in a commercial sexual act
involving vaginal, anal or oral penetration, including
25 cunnilingus, if he or she has a prescribed infection or
virus.
Penalty:
(a) for a first offence, a fine of $20 000;
(b) for a second or subsequent offence,
30 imprisonment for three years.
".
page 8
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 11
11. Section 9 amended
Section 9(b) is amended by deleting "any business involving the
provision of prostitution." and inserting instead --
" a sexual service business. ".
5 12. Section 10 amended
Section 10(1)(b) is deleted and the following paragraph is
inserted instead --
"
(b) any sexual service business,
10 ".
13. Section 10A inserted
After section 10 the following section is inserted --
"
10A. Restrictions on advertising commercial sexual acts
15 (1) A person must not advertise a commercial sexual act or
authorise the advertising of a commercial sexual act
other than through --
(a) a newspaper or periodical --
(i) in the classified advertisements section
20 of the newspaper or periodical; and
(ii) in a prescribed manner (if any);
or
(b) the computer network known as the internet in
a prescribed manner (if any).
25 Penalty: a fine of $50 000.
(2) An advertisement for a sexual service business that is
not a small owner-operated business must carry the
certificate number of an operator or manager of the
business providing the advertised service.
page 9
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 14
(3) A commercial sexual act is advertised through the
computer network known as the internet if an
advertisement for the act is sent, or made accessible
through, the network or any part of it.
5 (4) In this section --
"advertise" means advertise by any words, or any
pictorial or other representation, used to notify the
availability of, or promote the provision of, a
commercial sexual act, either generally or
10 specifically.
".
14. Sections 13A and 13B inserted
After section 13 the following sections are inserted in Part 2
Division 1 --
15 "
13A. Refusal to take part in commercial sexual act
(1) Despite anything in a contract to take part in a
commercial sexual act, a person may, at any time,
refuse to take part in, or to continue to take part in, a
20 commercial sexual act.
(2) The fact that a person has entered into a contract to
take part in a commercial sexual act does not of itself
constitute consent for the purposes of the criminal law
if he or she does not consent, or withdraws his or her
25 consent, to taking part in a sexual act.
(3) Nothing in this section affects a right (if any) to rescind
or cancel, or to recover damages for, a contract for
taking part in a commercial sexual act that is not
undertaken.
page 10
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 15
13B. Refusal to work as sex worker does not affect
entitlements
(1) A person's entitlements under the Workers'
Compensation and Injury Management Act 1981 may
5 not be lost or affected in any way by his or her being
capable of working as a sex worker if he or she refuses
to do, or to continue to do, that kind of work.
(2) In this section --
"refuse" means refuse to take part in commercial
10 sexual acts in general, rather than a refusal to take
part in a particular commercial sexual act or at a
particular time.
".
15. Part 2 Division 2 heading replaced
15 The heading to Part 2 Division 2 is deleted and the following
heading is inserted instead --
" Division 2 -- Sex workers ".
16. Section 14 amended
The penalty provision at the foot of section 14 is repealed and
20 the following penalty is inserted instead --
"
Penalty applicable to paragraph (a): a fine of $6 000;
Penalty applicable to paragraphs (b) and (c):
Imprisonment for 2 years.
25 ".
17. Section 17 amended
(1) Section 17(1) is amended by deleting "an act of prostitution,"
and inserting instead --
" a commercial sexual act, ".
page 11
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 18
(2) Section 17(3) is amended by deleting "prostitution." and
inserting instead --
" a commercial sexual act. ".
18. Section 20 amended
5 (1) Section 20(1) is amended by deleting "an act of prostitution"
and inserting instead --
" a commercial sexual act ".
(2) Section 20(2) is amended by deleting "act of prostitution" and
inserting instead --
10 " commercial sexual act ".
19. Section 21 amended
Section 21(a) and (b) and "or" after paragraph (a) are deleted
and the following is inserted instead --
"
15 (a) a commercial sexual act is or may be taking
place; or
(b) a sexual service business other than a sexual
service business being carried on by an
individual sex worker is being carried on,
20 ".
20. Section 21A and Part 3A inserted
Before Part 4 the following is inserted --
"
21A. Obligations, in relation to children, of those who
25 operate sexual service business
(1) A person who operates a sexual service business must
ensure that a child is not employed or engaged as a sex
worker in the business.
page 12
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
(2) An offence under subsection (1) is a crime.
Penalty: Imprisonment for 5 years.
Summary conviction penalty: Imprisonment for
3 years.
5 (3) A person who manages or operates a sexual service
business must ensure that no child is present at a place
at or from which the business is carried on.
Penalty:
(a) for a first offence, a fine of $24 000;
10 (b) for a second or subsequent offence,
imprisonment for 3 years.
(4) A person who operates a sexual service business must
not employ or engage a person as a sex worker in the
business unless that person provides evidence to the
15 person operating the business that the person is not a
child by one of the following means that bears a
photograph of the person and indicates by reference to
the person's date of birth or otherwise that the person
has reached 18 years of age --
20 (a) a current passport;
(b) a current Australian driver's licence;
(c) a prescribed document.
Penalty:
(a) for a first offence, a fine of $24 000;
25 (b) for a second or subsequent offence,
imprisonment for 3 years.
(5) A person who receives evidence under subsection (4)
must --
(a) make a copy of the evidence; and
30 (b) make a record of when the evidence was
provided and to whom the evidence was
provided; and
page 13
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
(c) keep the copy of the evidence and the record
for a period of 3 years from the day on which
the evidence was copied or the record made.
Penalty:
5 (a) for a first offence, a fine of $24 000;
(b) for a second or subsequent offence,
imprisonment for 3 years.
Part 3A -- Sexual service business
Division 1 -- Requirement for certificate
10 21B. Those who must hold a certificate
(1) A person must not operate a sexual service business
unless that person holds an operator's certificate.
Penalty: Imprisonment for 3 years.
(2) A person must not manage a sexual service business
15 unless that person --
(a) holds a manager's certificate; or
(b) is an individual who holds an operator's
certificate.
Penalty: Imprisonment for 3 years.
20 (3) Subsections (1) and (2) do not apply to an individual
sex worker or a small owner-operated business.
Division 2 -- Manager's or operator's certificate
21C. Who may apply for a certificate or renewal
(1) An applicant for a manager's certificate or for the
25 renewal of a manager's certificate must be an
individual.
(2) An applicant for an operator's certificate or for the
renewal of an operator's certificate must be an
page 14
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
individual or a proprietary company, the shareholders
of which are all individuals.
21D. Application
An application for a manager's or operator's certificate
5 or the renewal of such a certificate must --
(a) be made to the CEO in a form approved by the
CEO; and
(b) be accompanied by any document or
information specified in the form for either or
10 both of the following --
(i) verifying the background and reputation
of the applicant;
(ii) relating to a matter referred to in
section 21G;
15 and
(c) in the case of an application for an operator's
certificate, state the name and address of any
other person with whom the applicant will
operate a sexual service business; and
20 (d) in the case of an application for an operator's
certificate, the location of the place at or from
which the applicant's sexual service business is
to be carried on; and
(e) be accompanied by the prescribed fee (if any).
25 21E. Further information relevant to application
(1) An applicant for a certificate or the renewal of a
certificate must provide the CEO with any additional
document or information that the CEO requires, in any
particular case, that is or could be relevant to making a
30 decision on the application.
Penalty: a fine of $6 000.
page 15
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
(2) If the CEO requires under subsection (1) that an
additional document or information be provided, the
CEO does not have to consider the application, or
consider it further, until the applicant complies with the
5 requirement.
21F. Report and information provided by Commissioner
of Police
(1) The CEO must send a copy of the application to the
Commissioner of Police for a report on the eligibility
10 of the applicant for a certificate or the renewal of
a certificate.
(2) The Commissioner of Police must provide a report to
the CEO within 4 weeks of receipt of the copy of the
application or such longer period as is agreed between
15 the Commissioner and the CEO.
(3) The Commissioner of Police may in writing direct the
CEO not to communicate or divulge to any other
person any information to which this subsection applies
and specified in the direction that the Commissioner
20 considers --
(a) might prejudice the safety of a person; or
(b) might prejudice the effectiveness of an
investigation or the prosecution of a person for
an offence; or
25 (c) might reveal the identity of an informant; or
(d) might reveal confidential police practices or
methodology; or
(e) might otherwise be contrary to the public
interest.
30 (4) Subsection (3) applies to the following information --
(a) information in a report provided under
subsection (2);
page 16
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
(b) information otherwise provided to the CEO by
the Commissioner of Police about a manager,
operator or the operation of a sexual service
business.
5 (5) Subject to the State Administrative Tribunal Act 2004
section 24, the CEO must comply with the direction.
(6) Subsections (3) and (5) apply despite the Freedom of
Information Act 1992.
21G. Restrictions on who can have a certificate
10 (1) The CEO may issue a certificate to, or renew the
certificate of, an applicant if satisfied that the
applicant --
(a) is an individual who has reached 18 years of
age; and
15 (b) has no charge pending of an alleged offence
under the law of this State, the Commonwealth,
another State or a Territory that involves an act
of violence against the person or involves a
victim who was a child or incapable person;
20 and
(c) has not been declared under the Misuse of
Drugs Act 1981 section 32A to be a drug
trafficker; and
(d) has not been found guilty of an offence
25 described in Schedule 2; and
(e) has not been found guilty of an offence under
the law of the Commonwealth, another State or
a Territory, that the CEO considers to be
substantially similar to an offence described in
30 Schedule 2; and
(f) has not been convicted, in this or another State
or a Territory, of any indictable offence,
including an offence under a law of the
page 17
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
Commonwealth, any other State or a Territory,
that is triable by jury that the CEO considers
would make it inappropriate for the CEO to
issue the certificate; and
5 (g) has not had a certificate issued under this Act to
the applicant revoked within the period of
5 years before the application is made; and
(h) is not the subject of a violence restraining order
within the meaning given in the Restraining
10 Orders Act 1997 section 3; and
(i) is otherwise of good character and is a fit and
proper person to hold a certificate; and
(j) is ordinarily resident in Western Australia
and --
15 (i) is permanently resident in Australia; or
(ii) is an Australian citizen;
and
(k) complies with any other prescribed matter.
(2) If an application for an operator's certificate or the
20 renewal of an operator's certificate is made by a
proprietary company, the CEO may issue a certificate
or renew the certificate if satisfied, with respect to each
person who is an officer of the company, of any matter
referred to in subsection (1)(a) to (k) of which the CEO
25 would need to be satisfied if that person were the
applicant.
21H. Duration of certificate
(1) A certificate may be issued or renewed for a period not
exceeding one year.
30 (2) The duration of a certificate must be stated in the
certificate.
page 18
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
(3) If a certificate is renewed after, but within 28 days of,
the day on which it expired, the renewal is to be taken
for all purposes to have taken effect on the day
immediately after the day on which the certificate
5 expired.
21I. Register of certificate holders
The CEO is to keep an accurate and up-to-date register
of all present and former certificate holders in such
manner and form as the CEO determines and in respect
10 of each certificate holder is to record --
(a) the name of the certificate holder; and
(b) the business, or other, address of the certificate
holder; and
(c) in the case of an operator, the name and address
15 of any other person with whom the operator
operates the operator's sexual service business;
and
(d) in the case of an operator, the location of the
place at or from which the operator's sexual
20 service business is being carried on; and
(e) details of the suspension or revocation of a
certificate of the certificate holder under
section 21N; and
(f) such other information, if any, as is prescribed
25 by the regulations.
21J. Inspection of register
(1) The register must be available for inspection by an
officer during normal office hours.
(2) The register may be made available electronically for
30 inspection by an officer.
page 19
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
(3) An officer may, on application to the CEO in respect of
the register or an entry in the register, and payment of
the fee prescribed by the regulations, if any, obtain a
certified copy of the register or the entry.
5 (4) No fee is payable under subsection (3) if the
application is made by a police officer for the purpose
of performing a function of a police officer under
this Act.
(5) In this section --
10 "officer" means --
(a) a police officer; or
(b) a person of a class specified in the
regulations for the purposes of this
definition.
15 21K. Certificate
(1) A certificate that is issued or renewed is to contain
prescribed particulars.
(2) The CEO must give the certificate holder a new
certificate if the CEO renews a certificate.
20 (3) The CEO may, on payment of the prescribed fee, if
any, issue a certified copy of a certificate to the holder
of the certificate.
21L. Display of certificate by operator or manager
(1) A manager of a sexual service business that is being
25 carried on at or from a place must ensure that the
manager's current certificate or a certified copy of the
certificate is displayed at the place when the manager is
managing the business so that it is visible to a person
on entering the place.
30 Penalty: a fine of $12 000.
page 20
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
(2) An operator of a sexual service business that is being
carried on at or from a place must ensure that the
current certificate of every operator of the business or a
certified copy of the certificate is displayed at the place
5 so that it is visible to a person on entering the place.
Penalty: a fine of $12 000.
(3) A person must not alter or deface a certificate.
Penalty: a fine of $12 000.
Division 3 -- Suspension or revocation of certificate
10 21M. Powers of CEO
(1) The CEO may for the purposes of determining whether
or not a certificate should be suspended or revoked --
(a) require a person to produce to the CEO any
document or other thing concerning the
15 determination that is in the possession or under
the control of the person; and
(b) inspect any document or other thing produced
to the CEO and retain it for such reasonable
period as the CEO thinks fit, and make copies
20 of a document or any of its contents; and
(c) require a person --
(i) to give the CEO such information as the
CEO requires; and
(ii) to answer any question put to that
25 person,
in relation to the determination.
(2) A requirement made under subsection (1)(a) --
(a) must be made by notice in writing given to the
person required to produce the document or
30 other thing; and
page 21
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
(b) must specify the time at or within which the
document or other thing is to be produced; and
(c) may, by its terms, require that the document or
other thing required be produced at a place and
5 by means specified in the requirement; and
(d) where the document required is not in a
readable format, is to be treated as a
requirement to produce --
(i) the document itself; and
10 (ii) the contents of the document in a
readable format.
(3) A requirement made under subsection (1)(c) --
(a) may be made orally or by notice in writing
served on the person required to give
15 information or answer a question, as the case
may be; and
(b) must specify the time at or within which the
information is to be given or the question is to
be answered, as the case may be; and
20 (c) may, by its terms, require that the information
or answer required --
(i) be given orally or in writing; or
(ii) be given at or sent or delivered to a
place specified in the requirement; or
25 (iii) in the case of written information or
answers be sent or delivered by means
specified in the requirement; or
(iv) be verified by statutory declaration.
(4) If under subsection (1)(a) the CEO requires a person to
30 produce any document or other thing concerning the
determination that is in the possession or under the
control of the person, the CEO is to inform that person
page 22
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
that the person is required under this Act to produce the
document or thing.
(5) If under subsection (1)(c) the CEO requires a person to
give information or answer a question, the CEO is to
5 inform that person that the person is required under this
Act to give the information or answer the question.
21N. Suspension or revocation of a certificate
(1) The CEO may by notice given to a certificate holder
revoke the holder's certificate if --
10 (a) the CEO --
(i) is no longer satisfied as to any matter
about which the CEO would be required
to be satisfied before issuing the
certificate; or
15 (ii) comes to know of any other matter that
would prevent the CEO from issuing the
certificate if an application were only
then being made for it;
and
20 (b) the CEO has informed the certificate holder that
the CEO is considering revoking the certificate
and given the certificate holder a reasonable
opportunity to be heard or make written
representations.
25 (2) The CEO may by notice given to a certificate holder
suspend the holder's certificate for a period specified in
the notice if the CEO has informed the certificate
holder that the CEO is considering suspending or
revoking the certificate, as is applicable to the case, and
30 given the certificate holder a reasonable opportunity to
be heard or make written representations.
page 23
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
Division 4 -- Conducting a sexual service business
21O. Operator or manager must be present
(1) A person who operates a sexual service business at or
from a place must ensure that an operator of the
5 business who is an individual or a manager of the
business is present at the place at all times during
which the business is being carried on at or from the
place.
Penalty:
10 (a) for a first offence, a fine of $24 000;
(b) for a second or subsequent offence,
imprisonment for 3 years.
(2) Subsection (1) does not apply to an individual sex
worker or a small owner-operated business.
15 21P. Sex worker must be an employee or contractor
(1) A person who manages or operates a sexual service
business must ensure that a person does not act as a sex
worker in the business unless --
(a) the person has entered into a contract of service
20 with, or been engaged to work for the purposes
of the business under a contract for service by,
a person who operates the business; and
(b) whenever acting as a sex worker in the
business, the person is acting in the course of
25 the person's employment or engagement under
that contract.
Penalty: a fine of $50 000.
(2) This section applies to a person who acts as a sex
worker in a sexual service business whether or not the
30 person is also an individual sex worker.
(3) Subsection (1) does not apply to an individual sex
worker or a small owner-operated business.
page 24
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
21Q. Sexual service business not to operate at or from
licensed premises
A person must not operate a sexual service business at
or from licensed premises within the meaning given in
5 the Liquor Control Act 1988 section 3(1).
Penalty: a fine of $50 000.
21R. One small owner-operated business to operate from
premises
A person must not operate a small owner-operated
10 business at or from premises at or from which another
sexual service business is operating.
Penalty: a fine of $50 000.
Division 5 -- Protection of sex workers and clients
21S. Obligations of operators and managers
15 (1) A person who manages or operates a sexual service
business must --
(a) take all reasonable steps to ensure that a sex
worker employed or engaged by the business
does not take part in a commercial sexual act
20 unless a prophylactic sheath or other
appropriate barrier is used if the act involves
vaginal, anal or oral penetration or another
activity with a similar or greater risk of
acquiring or transmitting a prescribed infection
25 or virus; and
(b) take all reasonable steps to give health
information (whether oral or written) to sex
workers and clients of the business; and
(c) display health information prominently in any
30 place at or from which the business is carried
on; and
page 25
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
(d) not state or imply that a medical examination of
a sex worker employed or engaged by the
business means that the sex worker is not
infected, or likely to be infected, with a
5 prescribed infection or virus; and
(e) take all other reasonable steps to minimise the
risk of a sex worker employed or engaged by or
a client of the business acquiring or
transmitting a prescribed infection or virus; and
10 (f) display information prominently in any place at
or from which the business is carried on
regarding the right of a sex worker to refuse to
take part in, or continue to take part in, a sexual
act.
15 Penalty: a fine of $12 000.
(2) In this section --
"health information" means information on sex
practices and services for the prevention and
treatment of a prescribed infection or virus.
20 21T. Prevention of penetrative sex if infected
(1) A person who manages or operates a sexual service
business must not permit or encourage a person to act
as a sex worker and engage in acts involving vaginal,
anal or oral penetration, including cunnilingus, if the
25 first-mentioned person knows, or could reasonably be
expected to know, that the person has a prescribed
infection or virus.
Penalty: Imprisonment for 2 years.
(2) A person charged with an offence under subsection (1)
30 has a defence if it is proved that the person exercised
all due diligence as ought to have been exercised
having regard to the nature of the person's functions
and to all the circumstances to prevent a person whom
the person charged knows, or could reasonably be
page 26
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
expected to know, has a prescribed infection or virus
from acting as a sex worker in the sexual service
business.
21U. Prophylactic sheath to be provided for use
5 A person who manages or operates a sexual service
business must give a prophylactic sheath free of charge
to a client and a sex worker for use when taking part in
a commercial sexual act at the sexual service business.
Penalty: a fine of $12 000.
10 Division 6 -- Powers of entry
21V. Entry by police officer for certain purposes
(1) If a police officer has a reasonable suspicion --
(a) that a place is not a residence; and
(b) that a sexual service business that is not a small
15 owner-operated business is being carried on at
or from the place,
the officer may enter the place to ensure that --
(c) an operator or a manager of the business has a
certificate; or
20 (d) an operator or a manager of the business is
present at the place; or
(e) a certificate or a certified copy of the certificate
of an operator or a manager of the business is
displayed at the place so that it is visible to a
25 person on entering the place.
(2) If a police officer enters a place under subsection (1),
the police officer may require a person apparently
operating or managing a sexual service business at or
from the place to give the officer his or her name and
30 address and provide proof of his or her identity.
page 27
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
Division 7 -- Review by State Administrative Tribunal
21W. Review
(1) A person who is aggrieved by a decision of the CEO --
(a) to refuse to issue or renew a certificate; or
5 (b) to suspend or revoke a certificate,
may apply to the State Administrative Tribunal for a
review of the decision.
(2) The Commissioner of Police is a party to a review.
(3) Despite the State Administrative Tribunal Act 2004
10 section 61, if information is specified in a direction
under section 21F(3), the CEO or the Commissioner of
Police may apply to the State Administrative Tribunal
for an order that the information is not to be disclosed
to the applicant, the applicant's representative or any
15 other person.
(4) The Tribunal is to make an order under subsection (3)
if it is satisfied that disclosure of the information --
(a) might prejudice the safety of a person; or
(b) might prejudice the effectiveness of an
20 investigation or the prosecution of a person for
an offence; or
(c) might reveal the identity of an informant; or
(d) might reveal confidential police practices or
methodology; or
25 (e) might otherwise be contrary to the public
interest.
(5) The State Administrative Tribunal Act 2004
section 61(3) applies to an order under subsection (4)
as if a reference in section 61(3) to subsection (2) were
30 a reference to subsection (4) of this section.
page 28
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
(6) An application under subsection (3) may be made
without notice to the applicant and may be heard and
determined in the absence of the applicant.
(7) The hearing by the Tribunal of an application under
5 subsection (3) is not to be held in public and the
Tribunal may order that no person is to be in the room
or place without the Tribunal's permission.
(8) For the purposes of the State Administrative Tribunal
Act 2004, information in respect of which an order is
10 made under subsection (4) is protected matter.
Division 8 -- Planning and development controls
21X. Approvals for existing well managed places
(1) If land was being used for the purpose of a sexual
service business (other than a small owner-operated
15 business) immediately before 12 September 2006 and
continued to be used for that purpose up to and
including the day on which the Prostitution
Amendment Act 2007 section 1 came into operation, the
use of the land, subject to the approval of the CEO, for
20 that purpose is a use permitted by the planning scheme
or interim development order relating to the land.
(2) An application for the approval of the CEO under
subsection (1) is to be made in the prescribed manner.
(3) In considering an application for approval under
25 subsection (1) the CEO is to liaise with the local
government of the district in which the land is located
and the Commissioner of Police and is to have regard
to --
(a) whether the manner of the use of the land for
30 the business has been the subject of complaints
before 12 September 2006 from residents or
occupiers in the area; and
page 29
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
(b) whether the operation of the business causes, or
is likely to cause, a disturbance in the
neighbourhood when taking into account the
number of sex workers working in the business,
5 its hours of operation, the noise and vehicular
and pedestrian traffic; and
(c) whether the operation of the business interferes,
or is likely to interfere, with the amenity of the
neighbourhood.
10 (4) The CEO is to give approval under subsection (1)
unless, after having regard to the matters referred to in
subsection (3), the CEO is satisfied that the business is
not being managed appropriately.
21Y. Other places
15 (1) If a development application within the meaning given
in the Planning and Development Act 2005 section 4(1)
is made to a responsible authority for the development
of land for the purpose of a sexual service business, the
authority must --
20 (a) consider the application as if that purpose is a
use that is not permitted unless the responsible
authority has exercised its discretion by
granting planning approval; and
(b) in exercising its discretion, also have regard to
25 whether the business --
(i) is likely to cause a nuisance to ordinary
members of the public using the area in
which the land is situated; and
(ii) is incompatible with the existing
30 character or use of the area in which the
land is situated.
page 30
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
(2) Subsection (1) does not limit or affect the operation of
the Planning and Development Act 2005 in any way,
and the subsection may be overridden by a provision of
a planning scheme or interim development order.
5 Division 9 -- Offences
21Z. False or misleading information
(1) A person must not do any of the things set out in
subsection (2) --
(a) in relation to an application under this Part; or
10 (b) in relation to the compliance, or purported
compliance, with a requirement under
section 21E(1) to give the CEO a document or
information.
Penalty: a fine of $24 000 or imprisonment for 2 years.
15 (2) The things to which subsection (1) applies are --
(a) making a statement which the person knows is
false or misleading in a material particular; or
(b) making a statement which is false or misleading
in a material particular, with reckless disregard
20 as to whether or not the statement is false or
misleading in a material particular; or
(c) providing, or causing to be provided,
information that the person knows is false or
misleading in a material particular; or
25 (d) providing, or causing to be provided,
information that is false or misleading in a
material particular, with reckless disregard as to
whether the information is false or misleading
in a material particular.
page 31
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
21ZA. Offences in relation to determination under
section 21M
(1) Where under section 21M a person is required to give
any information, answer any question, or produce any
5 document or thing and that person, without reasonable
excuse (proof of which lies on the person) --
(a) fails to give that information or answer that
question at or within the time specified in the
requirement; or
10 (b) gives any information or answer that is false in
any particular; or
(c) fails to produce that document or thing at or
within the time specified in the requirement,
the person commits an offence.
15 Penalty: a fine of $24 000 or imprisonment for 2 years.
(2) It is a defence in any proceeding for an offence under
subsection (1)(a) or (c) for the accused to show --
(a) that, in the case of an alleged offence arising
out of a requirement made orally under
20 section 21M, the CEO did not, when making
the requirement, inform the accused that he or
she was required under this Act to give the
information or answer the question, as the case
may be; or
25 (b) that, in the case of an alleged offence arising
out of a requirement made by notice in writing
under section 21M, the notice did not state that
he or she was required under this Act to give
the information, answer the question, or
30 produce the document or thing, as the case may
be; or
page 32
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 20
(c) that the time specified in the requirement did
not afford the accused sufficient notice to
enable him or her to comply with the
requirement; or
5 (d) that, in any case, the CEO did not, before
making the requirement, have reasonable
grounds to believe that compliance with the
requirement would assist the CEO in making
the determination.
10 21ZB. Incriminating information, questions or documents
An individual is not excused from complying with a
requirement under section 21M on the ground that the
answer to a question or the production of a document
or other thing might incriminate the individual or
15 render the individual liable to a penalty, but neither --
(a) an answer given by the individual that was
given to comply with the requirement; nor
(b) the fact that a document or other thing
produced by the individual to comply with the
20 requirement was produced,
is admissible in evidence in any civil or criminal
proceedings against the individual other than
proceedings for an offence against section 21ZA(1)(b).
21ZC. Obstruction of police officer
25 (1) A person must not prevent or attempt to prevent --
(a) a police officer from entering premises under
section 21V(1); or
(b) otherwise obstruct or impede a police officer in
the exercise of his or her powers under
30 section 21V(1).
page 33
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 20
(2) If required under section 21V(2) by a police officer to
give the officer his or her name and address or provide
proof of his or her identity, a person must not fail to
give the officer his or her name and address or provide
5 proof of his or her identity.
Penalty: a fine of $24 000 or imprisonment for 2 years.
21ZD. CEO to be notified of certain matters
(1) An operator of a sexual service business must give the
CEO notice in writing of any notifiable matter within
10 7 days after becoming aware of the matter.
Penalty: a fine of $24 000 or imprisonment for 2 years.
(2) In subsection (1) --
"notifiable matter" means --
(a) a charge of the commission of an offence
15 under this Act being made against --
(i) an operator or a manager of the
business; or
(ii) if a proprietary company is an
operator of the business, the company
20 or any officer of the company;
or
(b) a charge of the commission of an indictable
offence being made against --
(i) an operator or a manager of the
25 business; or
(ii) if a proprietary company is an
operator of the business, the company
or any officer of the company;
or
30 (c) if a proprietary company is an operator of the
business, a person ceasing to be an officer of
the company or a person, not already an
page 34
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 21
officer of the company, becoming an officer
of the company; or
(d) a change in the name or address of any other
person with whom the operator operates a
5 sexual service business; or
(e) the name and address of any other person
with whom the operator begins to operate a
sexual service business; or
(f) a change in the location of the place at or
10 from which the operator's sexual service
business is being carried on; or
(g) the name and address of any person who
exercises or exerts, or is in a position to
exercise or exert, control or substantial
15 influence over the manner in which the
operator's sexual service business is
conducted.
".
21. Section 26 amended
20 Section 26(1) is amended by deleting "business involving the
provision of prostitution" and inserting instead --
" sexual service business ".
22. Section 56 amended
Section 56(1) is amended as follows:
25 (a) by inserting after "done as" --
" the CEO or ";
(b) by inserting after "when assisting" --
" the CEO or ".
page 35
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 23
23. Section 57 amended
Section 57(4) is amended by deleting the full stop after
paragraph (c) and inserting instead --
"
5 ;
(d) the CEO (who is the "administrative head")
and persons employed in the Department.
".
24. Section 58 amended
10 Section 58(4) is amended as follows:
(a) in paragraph (a) by inserting before "a police officer" --
" the CEO or ";
(b) in paragraph (b) by inserting after "administration
of " --
15 " Part 3A of this Act or ".
25. Sections 59A and 60 inserted
After section 59 the following sections are inserted --
"
59A. Liability of operator for offence by manager
20 If a person who holds a manager's certificate commits
an offence under this Act as the holder of that
certificate, a person who has an operator's certificate
for the sexual service business concerned is to be
treated as having committed an offence and is liable to
25 the penalty prescribed for the offence committed by the
person who holds the manager's certificate.
60. Review of Act
(1) The Minister administering the Health Legislation
Administration Act 1984 is to carry out a review of
30 the operation and effectiveness of this Act as soon
page 36
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 26
as is practicable after the expiration of 2 years from
the commencement of the Prostitution Amendment
Act 2007 section 3.
(2) The Minister is to prepare a report based on the review
5 made under subsection (1) and as soon as is practicable
after the preparation of the report, cause it to be laid
before each House of Parliament.
".
26. Schedule 2 inserted
10 After Schedule 1 the following Schedule is inserted --
"
Schedule 2 -- Offences relevant to granting
a certificate
[s. 21G(1)(d) and (e)]
15 An offence under any of the following enactments:
Censorship Act 1996
s. 60
Child Welfare Act 1947
s. 108(1)
20 Children and Community Services Act 2004
s. 192(1) or (2)
Classification (Publications, Films and Computer Games)
Enforcement Act 1996
s. 60
25 The Criminal Code
s. 181
s. 186
s. 187
page 37
Prostitution Amendment Bill 2007
Part 2 Prostitution Act 2000 amended
s. 27
s. 204A or 204B
s. 278 or 279
s. 281A
s. 320(2) or (3)
5 s. 321(2) or (3)
s. 321A(3)
s. 324, 325 or 326
s. 327
s. 329
10 s. 330(2) or (3)
s. 331B, 331C or 331D
s. 332
s. 343
s. 396, 397 or 398
15 ".
27. Various references to prostitute changed to sex worker
In each place listed in the Table to this section "prostitute" is
deleted and the following is inserted instead --
" sex worker ".
20 Table
s. 5(1) s. 10(1)(a) s. 19(2)(b)(i)
s. 5(2) s. 14 s. 19(2)(b)(ii)
s. 5(4) s. 15 s. 19(3)(b)
s. 5(4)(a) s. 16(1) s. 19(3)(c)
s. 5(4)(b)(i) s. 16(2) s. 20(1)
s. 5(4)(b)(ii) s. 17(1) s. 20(2)
s. 5(5)(b) s. 18(1) s. 50
page 38
Prostitution Amendment Bill 2007
Prostitution Act 2000 amended Part 2
s. 28
s. 5(5)(c) s. 19(1)
s. 6(4)(a) s. 19(2)
s. 9(a) s. 19(2)(a)
28. Various references to prostitute's changed to sex worker's
In each place listed in the Table to this section "prostitute's" is
deleted and the following is inserted instead --
" sex worker's ".
5 Table
s. 6(1) s. 6(3)(a) s. 6(4)(c)
s. 6(2)(a) s. 6(3)(b)(i)
s. 6(3) s. 6(3)(b)(ii)
page 39
Prostitution Amendment Bill 2007
Part 3 Other Acts amended
s. 29
Part 3 -- Other Acts amended
29. Community Protection (Offender Reporting) Act 2004
amended
(1) The amendments in this section are to the Community
5 Protection (Offender Reporting) Act 2004.
(2) Schedule 2 is amended by deleting the entry relating to the
Prostitution Act 2000 and inserting instead --
"
Sexual Services Act 2000
s. 16 Causing, permitting or seeking to induce a
child to act as a sex worker
s. 17 Obtaining payment for commercial sexual act
by a child
".
10 30. The Criminal Code amended
(1) The amendments in this section are to The Criminal Code.
(2) Section 190 is repealed.
(3) Section 191 is repealed.
(4) Section 557K(1) paragraph (h) of the definition of "child sex
15 offender" is amended by deleting "Prostitution Act 2000" and
inserting instead --
" Sexual Services Act 2000 ".
31. Evidence Act 1906 amended
(1) The amendments in this section are to the Evidence Act 1906.
20 (2) Section 36A(1) paragraph (a) of the definition of "sexual
offence" is amended as follows:
(a) by deleting "or 191(1)(a)";
page 40
Prostitution Amendment Bill 2007
Other Acts amended Part 3
s. 31
(b) by deleting "Prostitution Act 2000;" and inserting
instead --
" Sexual Services Act 2000; ".
(3) Schedule 7 Part A clause 1(a) is amended by deleting
5 "Prostitution Act 2000" and inserting instead --
" Sexual Services Act 2000 ".
(4) Schedule 7 Part B is amended as follows:
(a) by deleting the entry relating to section 191 of The
Criminal Code;
10 (b) by deleting "Prostitution Act 2000" and inserting
instead --
" Sexual Services Act 2000 ";
(c) by deleting "prostitute" in each place where it occurs
and inserting instead --
15 " sex worker ";
(d) by deleting the entries relating to sections 17, 18, 20 and
21 of the Prostitution Act 2000 and inserting instead --
"
17 Obtaining payment for commercial
sexual act by a child
18 Agreement for child to act as a sex
worker
20 Commercial sexual act at place where
child present
21 Allowing child to be at place
involving commercial sexual act or
certain sexual service businesses
21A Obligations of those who operate
sexual service business in relation to
children
".
page 41
Prostitution Amendment Bill 2007
Part 3 Other Acts amended
s. 32
32. Liquor Control Act 1988 amended
(1) The amendment in this section is to the Liquor Control
Act 1988.
(2) After section 37(6) the following subsection is inserted --
5 "
(7) An application shall not be granted where the licensing
authority is satisfied that the premises to which the
application relates are premises at or from which a
sexual service business within the meaning of the
10 Sexual Services Act 2000 section 3 operates.
".
33. Nurses and Midwives Act 2006 amended
(1) The amendments in this section are to the Nurses and Midwives
Act 2006.
15 (2) Schedule 3 clause 18(1) is amended by deleting "Prostitution
Act 2000." and inserting instead --
" Sexual Services Act 2000. ".
34. Western Australian College of Teaching Act 2004 amended
(1) The amendments in this section are to the Western Australian
20 College of Teaching Act 2004.
(2) Schedule 2 is amended as follows:
(a) by deleting the entry relating to section 191 of The
Criminal Code;
(b) by deleting "Prostitution Act 2000" and inserting
25 instead --
" Sexual Services Act 2000 ";
(c) by deleting "prostitution industry" and inserting
instead --
" sexual service business ";
page 42
Prostitution Amendment Bill 2007
Other Acts amended Part 3
s. 35
(d) by deleting "prostitute" in each place where it occurs
and inserting instead --
" sex worker ";
(e) by deleting the entries relating to sections 17, 18, 20 and
5 21 of the Prostitution Act 2000 and inserting instead --
"
s. 17 Obtaining payment for commercial
sexual act by a child
s. 18 Agreement for child to act as a sex
worker
s. 20 Commercial sexual act at place where
child present
s. 21 Allowing child to be at place
involving commercial sexual act or
certain sexual service businesses
s. 21A Obligations of those who operate
sexual service business in relation to
children
".
35. Working with Children (Criminal Record Checking) Act 2004
amended
10 (1) The amendments in this section are to the Working with
Children (Criminal Record Checking) Act 2004.
(2) Schedule 2 is amended by deleting the entry relating to the
Prostitution Act 2000 and inserting instead --
"
Sexual Services Act 2000
s. 16 Causing, permitting or seeking to induce a
child to act as a sex worker
s. 17 Obtaining payment for commercial sexual act
by a child
s. 18 Agreement for a child to act as a sex worker
15 ".
page 43
Prostitution Amendment Bill 2007
Part 3 Other Acts amended
s. 36
36. Young Offenders Act 1994 amended
(1) The amendments in this section are to the Young Offenders
Act 1994.
(2) Schedule 2 is amended by deleting the entry relating to the
5 Prostitution Act 2000 and inserting instead --
"
2A. Sexual Services Act 2000
s. 7 Seeking to induce person to act as a sex
worker
s. 16 Causing, permitting or seeking to induce a
child to act as a sex worker
s. 17 Obtaining payment for commercial sexual act
by a child
s. 18 Agreement for a child to act as a sex worker
".
page 44
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