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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Prostitution Control Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Meanings of certain terms used in this Act 2
4. Prostitution 7
5. Reasonably suspects 7
6. Objectives 7
7. Relationship to other written laws 8
Part 2 -- Prostitution Control Board
Division 1 -- Establishment of Board
8. Board established 9
9. Membership of Board 9
10. Qualifications for and manner of appointment 9
11. Nominees under section 10(a) 10
12. Public notification of proposed appointments under
section 10(c) 10
13. Constitution and proceedings 10
14. Remuneration and allowances 10
Division 2 -- Functions of Board
15. Functions 11
16. Education and information 11
17. General power of the Board 12
18. Delegation by Board 12
19. Directions by Minister 13
20. Minister to have access to information 14
21. Committees 15
Division 3 -- Registrar and staff
22. Registrar and staff 17
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Prostitution Control Bill 2003
Contents
23. Functions of registrar 17
24. Use of government staff and facilities 17
Division 4 -- Financial provisions and reporting
25. Funds of the Board 18
26. Borrowing by Board from Treasurer 18
27. Prostitution Control Board Account 18
28. Application of Financial Administration and Audit
Act 1985 19
Division 5 -- Other provisions about Board
29. Execution of documents by Board 19
Part 3 -- When licence is required
30. Licence needed to carry on business of a brothel or
prostitution agency 21
31. Licence needed to act as prostitution manager 21
Part 4 -- Licensing provisions
Division 1 -- General licensing provisions
32. Board may grant licence 22
33. Multiple licences 22
34. Applying for a licence 22
35. Material required to accompany application for
licence 23
36. Finger and palm prints of applicant for licence 24
37. Restrictions on who can have licences 24
38. Form of licence document 26
39. Duration of licence 26
40. How and when to apply for renewal 27
41. Renewal 27
42. Other material to support application for licence or
renewal 27
43. Conditions and restrictions 27
44. Regulations may prescribe conditions and restrictions 28
45. Licence not transferable 28
46. Duplicate of licence document 28
47. Amendment of licence 28
48. Automatic termination of licence on behalf of
partnership or body corporate 28
49. Revoking or suspending licence 29
50. Notice of change of contact address 29
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Prostitution Control Bill 2003
Contents
Division 2 -- Licensing brothel operators
51. Restrictions on grant of licence 29
52. Consent needed to use premises as brothel 31
53. Other consent, approval, or exemption still required 31
54. Examples of matters to be considered 31
55. Certain matters to be specified in licence 32
Division 3 -- Licensing prostitution agents
56. Restrictions on grant of licence 32
57. Consent needed to use premises as prostitution agency
office 33
58. Other consent, approval, or exemption still required 34
59. Examples of matters to be considered 34
60. Certain matters to be specified in licence 35
Division 4 -- Licensing prostitution managers
61. Restrictions on grant of licence 35
62. Certain matters to be specified in licence 35
Part 5 -- Other obligations and offences
Division 1 -- Persons generally
63. Inviting services of prostitute prohibited from acting 37
64. Seeking prostitute in or in view or within hearing of
public place 37
65. Seeking client in or in view or within hearing of
public place 38
66. Providing place for prostitution 39
67. Client not to attend a place unlawfully provided 40
68. Causing, permitting, or seeking to induce child or
incapable person to act as prostitute 40
69. Obtaining payment for prostitution by a child or
incapable person 40
70. Agreement for prostitution by a child or incapable
person 40
71. Child not to seek services of prostitute 41
72. No prostitution where child present 41
73. Allowing child to be at place where prostitution
involved 42
74. Seeking to induce person to act as prostitute 42
75. Living on earnings of prostitute prohibited from
acting 43
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Prostitution Control Bill 2003
Contents
76. Persons with certain health conditions not to use
prostitutes 43
77. Prophylactic to be used 43
78. Advertising prostitution 44
79. Promoting employment in prostitution industry 45
80. Prohibition of certain sponsorships 45
81. Involvement in the business of self-employed sole
prostitute 46
82. Interest in business of self-employed sole prostitute 46
83. Possessing another person's licence document 47
84. Interfering with licence document 47
85. Falsely implying certain things 47
86. Inspection of records 47
87. Information to be given to police and other authorised
persons 48
88. Hindering performance of functions 49
89. Other offences relating to the performance of
functions 49
90. Contravening certain orders by the Board 50
91. Contravening direction by police to move on 50
92. Failure to comply with certain requirements 50
93. Misbehaviour 52
94. Execution of warrant to be assisted 52
95. Returns by courts 52
Division 2 -- Prostitutes
96. Ban from acting as a prostitute 53
97. Prostitute not to act at place unlawfully provided 53
98. Acting as a prostitute for a child 54
99. Persons with certain health conditions not to act as
prostitutes 54
100. Medical examination not to be used to imply absence
of certain health conditions 54
101. Employment contract required in certain cases 55
102. Notification of notifiable sexually transmissible
infection 55
103. Independence of self-employed sole prostitute 55
104. Self-employed sole prostitutes not to allow certain
persons to act as prostitution drivers 57
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Prostitution Control Bill 2003
Contents
Division 3 -- Prostitution drivers
105. What constitutes acting as a prostitution driver 57
106. Certain persons not to act as prostitution drivers 57
107. Driver's licence under Road Traffic Act 1974 58
108. Limits on what prostitution driver may do 58
109. No weapon to be carried 59
Division 4 -- Licensed persons
110. Return of licence document 59
111. Providing licence document to another 59
112. Records to be kept 60
113. Notice of charge or conviction of indictable offence 61
114. Board to be notified of certain other matters 61
115. Breach of condition or restriction 61
116. Licensed brothel operator or prostitution agent strictly
liable for certain matters 62
117. Records 64
118. Certain duties of prostitution manager 65
119. Obligation to ensure prostitute has employment
contract 66
120. Acting as prostitution manager under influence of
certain substances 67
121. Prophylactics to be provided for use 67
122. Use of prophylactics not to be discouraged 67
123. Strict liability for failure to use prophylactics 67
124. Person with sexually transmissible infection not to be
allowed to act as prostitute 68
125. Board to be notified of certain other matters 68
126. No business to be given to self-employed sole
prostitute 69
127. Certain persons not to be allowed to act as prostitution
drivers 70
Part 6 -- Supervisory provisions
Division 1 -- Board's supervisory functions
128. Board to keep records about certain people 71
129. Board may monitor compliance 71
130. Medical examination 72
131. Allegations 72
132. Minister may refer matters to the Board 72
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Prostitution Control Bill 2003
Contents
133. Legal proceedings and other action relating to
suspected offences 73
134. Injunctions 73
135. Interim order 74
136. Delegation of power to make interim order 75
137. Investigator for particular matter 75
138. Authorised persons other than police officers and
investigators 76
Division 2 -- Some powers of authorised persons
139. Which powers an authorised person has 76
140. Powers an authorised person may have 77
141. Warrant to enter premises 78
142. Issue of warrant 79
143. Warrant may be obtained remotely 79
144. Execution of warrant 81
Division 3 -- Formal inquiry
145. Board may hold formal inquiry 81
146. Hearings generally not to be public 81
147. Representation of persons involved 82
148. Procedure 82
149. Powers on formal inquiry 83
Part 7 -- Planning controls
150. Meaning of "planning scheme" in this Part 84
151. Existing planning schemes varied 84
152. Prostitution control under planning schemes 85
153. Public release day for certain planning concessions 85
Part 8 -- Provisions for police
154. Meanings of certain terms used in this Part 86
155. Police may direct person to move on 86
156. Detention, search, and seizure without warrant 86
157. Entry of, and seizure at, place of business without
warrant 87
158. Approvals for entering places without warrant 88
159. Search and seizure with warrant 89
160. Warrant may be obtained remotely 90
161. Provisions about searching a person 91
162. Retaining something seized but not forfeited 92
163. Forfeiture and delivery on conviction 92
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Prostitution Control Bill 2003
Contents
164. Forfeiture and delivery other than on conviction 93
165. Disposal of thing forfeited 94
166. Embargo notices 95
167. Undercover officers 95
168. Police may retain records for certain purposes 97
169. Commissioner may delegate a function 97
Part 9 -- Miscellaneous provisions
Division 1 -- Evidence
170. Averments to do with the advertisement of
prostitution 98
171. Absence of lawful excuse to be presumed 98
172. Good faith to be presumed in certain cases 98
173. Accused presumed to know if person is a child 98
174. Person residing with prostitute who is a child or
incapable person presumed to receive payment 99
175. Accused prostitution manager presumed to have
allowed presence of child 99
176. Intention presumed in some cases 99
177. Possession of prophylactics not evidence of offence 100
178. Permission to use licence document presumed in some
cases 100
179. Presumption of knowledge of sexually transmissible
infection 100
180. Certificate that undercover officer was authorised 101
181. Other evidentiary provisions 102
Division 2 -- Notifications by Board and appeals
182. Notice of decisions to affected persons 103
183. Non-disclosure of certain information 104
184. Appeal 104
185. Dealing with certain undisclosed information 105
Division 3 -- Restraining orders
186. Restraining order to prevent further offence 106
187. Restraining order against person who could be
required to move on 107
188. Provisions about making the order 107
189. Terms of restraining order 107
190. Duration of restraining order 108
191. Variation or cancellation 108
192. Court to notify parties of decision 110
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Prostitution Control Bill 2003
Contents
193. When cancellation takes effect 110
194. Provisions about children 111
195. Breach of restraining order 112
196. Appeals 112
197. Order not to conflict with family order 113
Division 4 -- Other miscellaneous provisions
198. Legal proceedings 113
199. Protection of certain persons 114
200. Protection in supervisory matters 114
201. Publication of Board's findings, decisions and reasons 115
202. Exchange of information 115
203. Confidentiality 117
204. Liability of brothel operator or prostitution agent for
offence by manager 118
205. Liability of partners and bodies corporate for offences
by persons licensed on their behalf 118
206. Liability of managerial officer for offence by body
corporate 119
207. Summary trial of crimes 119
208. Regulations 120
209. Regulations relating to restraining order applications 122
210. Prostitution Act 2000 repealed and other Acts
amended 122
211. Review of Act 122
Schedule 1 -- Constitution and
proceedings of Board 123
Division 1 -- Term of office
1. Term of office 123
2. Vacation of office by appointed member 123
Division 2 -- Deputies and representatives
3. Representatives of ex officio members 124
4. Appointment of deputies of other members 124
5. Functions of deputies under clause 4 125
6. When nominees and deputies may continue to act 125
Division 3 -- Meetings
7. General procedure 125
8. Voting 126
9. Holding meetings remotely 126
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Prostitution Control Bill 2003
Contents
10. Minutes 126
Division 4 -- Resolution without meeting
11. Resolution may be passed without meeting 126
12. When meeting taken to have been held 127
13. Separate identical documents may be used 127
14. How assent may be signified 127
Division 5 -- Disclosure of interests
15. Disclosure of interests by Board members 128
16. Disclosure of interests by committee members 128
17. Exclusion of person from determination under
clause 15(b) or 16(b) 129
18. Disclosure to be recorded in minutes 129
Schedule 2 -- Offences relevant to
licensing; banning from acting as a
prostitute 130
Schedule 3 -- Clause implied in
planning schemes 131
1. Use of land for prostitution purposes 131
Schedule 4 -- Consequential
amendments to other Acts 135
1. Constitution Acts Amendment Act 1899 amended 135
2. Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002 amended 135
3. Evidence Act 1906 amended 136
4. Financial Administration and Audit Act 1985
amended 137
5. Freedom of Information Act 1992 amended 137
6. Health Act 1911 amended 138
7. Parliamentary Commissioner Act 1971 amended 138
8. Police Act 1892 amended 138
9. The Criminal Code amended 139
10. Town Planning and Development Act 1928 amended 140
11. Workers' Compensation and Rehabilitation Act 1981
amended 140
12. Young Offenders Act 1994 amended 142
page ix
Prostitution Control Bill 2003
Contents
Defined Terms 143
page x
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Prostitution Control Bill 2003
A Bill for
An Act to regulate and control prostitution, to establish a board with
licensing and other functions relating to prostitution, to repeal the
Prostitution Act 2000 and amend certain other Acts, and for related
purposes.
Reasons for enacting this Act
The Parliament considers that the policy of containing prostitution
without a detailed statutory scheme for its control has proven to be
inadequate.
The Parliament recognises the need for the control of prostitution to
be regulated by law.
The Parliament of Western Australia enacts as follows:
page 1
Prostitution Control Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Prostitution Control Act 2003.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Meanings of certain terms used in this Act
In this Act, unless the contrary intention appears --
10 "act as a prostitute" means to take part, as a prostitute, in an
act of prostitution;
"act as a prostitution driver" has the meaning given to that
term in section 105;
"act as a prostitution manager" has the meaning given to that
15 term in section 31(2);
"act of prostitution" means anything the doing of which
amounts to prostitution;
"advertisement of prostitution" means any writing, still or
moving picture, sign, symbol or other visual image or
20 message, or audible message, directly or indirectly
promoting or publicising prostitution;
"appointed member" means a member of the Board other than
an ex officio member under section 9(b);
"authorised person" means --
25 (a) a police officer;
(b) an investigator; or
(c) a person who has been issued with a certificate under
section 138 and whose capacity as an authorised
person under that section has not terminated;
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Prostitution Control Bill 2003
Preliminary Part 1
s. 3
"Board" means the Prostitution Control Board established by
section 8;
"bodily fluid" means --
(a) semen;
5 (b) blood; or
(c) fluid of a vaginal or anal canal;
"brothel" means any place where a brothel business is carried
on, whether or not any other business or activity is carried
on at that place;
10 "brothel business" means a business involving the provision of
prostitution in the course of which acts of prostitution are
performed at the place from which the business is carried
on, except that it does not include a sole operator brothel
business;
15 "business premises" means --
(a) in relation to a brothel business for which a person is
or is proposed to be licensed, the premises used or to
be used as a brothel;
(b) in relation to a prostitution agency business for which
20 a person is or is proposed to be licensed, the premises
used or to be used as a prostitution agency office;
(c) in relation to a person who is or proposes to be
licensed, the premises that, under paragraph (a) or
(b), are the business premises of the brothel business
25 or prostitution agency business for which the person
is or proposes to be licensed;
"chairman" means the chairman appointed under section 9(a);
"child" means a person whose age is less than 18 years;
"client" has the meaning given to that term in section 4;
30 "Commissioner of Health" means the person holding or acting
in the office of Commissioner of Health in the department
of the Public Service principally assisting in the
administration of the Health Act 1911;
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Prostitution Control Bill 2003
Part 1 Preliminary
s. 3
"Commissioner of Police" means the person holding or acting
in the office of Commissioner of Police under the Police
Act 1892;
"committee" means a committee established under section 21;
5 "contact address" means the address stated under
section 34(2)(a) to be a person's contact address unless,
under section 50, the Board has been notified of a change
of that person's contact address, in which case it is the
address as changed;
10 "document" includes any tape, disk or other device or medium
on which information is recorded or stored mechanically,
photographically, electronically or otherwise;
"formal inquiry" means an inquiry referred to in section 145;
"incapable person" means a person who, because of
15 intellectual disability, mental illness, brain damage or
senility, is incapable --
(a) of understanding the nature and effect of prostitution;
or
(b) of guarding himself or herself against sexual
20 exploitation;
"investigator" means a person who has been issued with a
certificate under section 137 and whose capacity as an
investigator has not terminated;
"legal practitioner" has the meaning given to "practitioner" in
25 the Legal Practitioners Act 1893 section 3;
"licence" means a licence granted under this Act;
"licensed" means licensed under this Act;
"managerial officer", in relation to a body corporate, means --
(a) a director or secretary of the body;
30 (b) a person who exercises or exerts control or influence
over the body, or is in a position to do so;
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Prostitution Control Bill 2003
Preliminary Part 1
s. 3
(c) a person who at any time acts as a prostitution
manager for a brothel business or prostitution agency
business carried on by the body; or
(d) a person who is a shareholder of the body, if the body
5 is a proprietary company;
"medical examination" includes the taking of a sample of
tissue, blood, urine, or other bodily material for medical
testing;
"medical practitioner" means an individual who is registered
10 as a medical practitioner under the Medical Act 1894;
"member of staff " means the registrar, any other person
referred to in section 22(1), (2), or (3), or a person whose
services are being used under section 24(1);
"member of the Board" includes a person who is taken to be a
15 member of the Board under clause 3(3) or 5(1)(b) of
Schedule 1;
"mental illness" has the meaning given to that term in The
Criminal Code section 1(1);
"notifiable sexually transmissible infection" means a sexually
20 transmissible infection that is prescribed by regulations to
be a notifiable sexually transmissible infection for the
purposes of this Act;
"place" means anywhere at all, and includes anywhere in or on
something that is moving or can move;
25 "principal place of residence", in relation to a person, means
the dwelling place of the person at which the person
usually sleeps and eats and which the person usually uses
as a base for daily activities;
"prohibited drug" has the meaning given to that term in the
30 Misuse of Drugs Act 1981 section 3;
"prophylactic" means a condom or other device that is
designed and intended to prevent the transmission of a
sexually transmissible infection and, where applicable,
meets any minimum standard prescribed by the regulations;
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Prostitution Control Bill 2003
Part 1 Preliminary
s. 3
"proprietary company" has the meaning given to that term in
the Commonwealth Corporations Act 2001 section 9;
"prostitute" has the meaning given to that term in section 4;
"prostitution" has the meaning given to that term in section 4;
5 "prostitution agency business" means a business involving the
provision of prostitution in the course of which acts of
prostitution are performed elsewhere than at a brothel
except that it does not include a sole operator agency
business;
10 "prostitution agency office" means the place from which a
prostitution agency business is carried on, whether or not
that place is a brothel or any other business or activity is
carried on at that place;
"public place" means --
15 (a) any place, other than a place that a person has a
licence to use as a brothel or prostitution agency
office, to which the public, or any section of the
public, have or are permitted to have access whether
on payment or otherwise;
20 (b) a school, university or other place of education, other
than a part of it to which neither students nor the
public usually have access; or
(c) a privately owned place that is unoccupied or is
occupied by a person who is not the owner and does
25 not have the authority of the owner;
"reasonably suspects" has the meaning given to that term in
section 5;
"registrar" means the registrar appointed under
section 22(1)(a);
30 "remote communication" means any way of communicating at
a distance including by telephone, fax, email and radio;
"self-employed sole prostitute" means a person who owns and
operates a sole operator brothel business or a sole operator
agency business or both of those kinds of business;
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Prostitution Control Bill 2003
Preliminary Part 1
s. 4
"sexually transmissible infection" means --
(a) a notifiable sexually transmissible infection; or
(b) any other infection that is prescribed by regulations to
be a sexually transmissible infection for the purposes
5 of this Act;
"sole operator agency business" means a business that is
owned and operated by one person only, involving the
provision of prostitution in the course of which only that
person acts as a prostitute and the acts of prostitution are
10 performed elsewhere than at that person's principal place
of residence or a brothel;
"sole operator brothel business" means a business that is owned
and operated by one person only, involving the provision of
prostitution in the course of which only that person acts as a
15 prostitute and the acts of prostitution are performed only at
that person's principal place of residence.
4. Prostitution
When this Act refers to prostitution it means prostitution in which
payment is consideration for the sexual stimulation of a person (the
20 "client") by means of physical contact between the client and
another person (the "prostitute"), or between either of them and
anything controlled by or emanating from the other, and it is
irrelevant whether payment is in money or any other form.
5. Reasonably suspects
25 For the purposes of this Act, a person reasonably suspects
something at a relevant time if he or she, acting in good faith,
personally has grounds at the time for suspecting the thing and
those grounds (even if they are subsequently found to be false or
non-existent), when judged objectively, are reasonable.
30 6. Objectives
The main objectives of this Act are --
(a) to safeguard public health and wellbeing against effects
of prostitution;
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Prostitution Control Bill 2003
Part 1 Preliminary
s. 7
(b) to prevent children and incapable persons from being
involved in prostitution and protect children and
incapable persons from being exploited in connection
with prostitution;
5 (c) to protect the social and physical environment of the
community by controlling the location of brothels and
prostitution agency offices and the carrying on of
businesses involving the provision of prostitution;
(d) to deter organised and other crime in connection with
10 prostitution;
(e) to regulate and control people involved in the
management of, and people working in, businesses
involving the provision of prostitution;
(f) by promoting the welfare, occupational health, and
15 safety of prostitutes and by other means, to protect
prostitutes from exploitation;
(g) to ensure that persons who act as prostitutes under a
contract of service with a person who has a brothel
operator's licence or prostitution agent's licence, have
20 the entitlements and protections that are generally
available to workers under industrial law, including
those arising under workers' compensation laws;
(h) to regulate and control the ownership and operation of
brothel businesses and prostitution agency businesses;
25 (i) to regulate and control the advertising of prostitution.
7. Relationship to other written laws
The provisions of this Act are in addition to, and do not
derogate from, the provisions of any other written law except to
the extent that this Act expressly states otherwise or a provision
30 of another written law is inconsistent with a provision of this
Act.
page 8
Prostitution Control Bill 2003
Prostitution Control Board Part 2
Establishment of Board Division 1
s. 8
Part 2 -- Prostitution Control Board
Division 1 -- Establishment of Board
8. Board established
(1) A body called the Prostitution Control Board is established.
5 (2) The Board is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Board in its
corporate name.
(4) The Board is not an agent of the Crown.
9. Membership of Board
10 The members of the Board are --
(a) a chairman appointed by the Governor on the
nomination of the Minister;
(b) the following persons ex officio --
(i) the Commissioner of Health; and
15 (ii) the Commissioner of Police;
and
(c) 3 other persons appointed by the Minister.
10. Qualifications for and manner of appointment
Appointments under section 9(c) are to be made as follows --
20 (a) one person is to be the nominee of the Minister
responsible for the administration of the Local
Government Act 1995, who is to make the nomination
after complying with section 11;
(b) one person is to be a medical practitioner; and
25 (c) the remaining person --
(i) is to have knowledge of, or experience in,
matters affecting people working in, or involved
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Prostitution Control Bill 2003
Part 2 Prostitution Control Board
Division 1 Establishment of Board
s. 11
in the management of, businesses involving the
provision of prostitution; and
(ii) is to be appointed after the Minister has complied
with section 12.
5 11. Nominees under section 10(a)
(1) Whenever a nomination is required to be made --
(a) under section 10(a); or
(b) for the purposes of Schedule 1 clause 4(4),
the Minister mentioned in section 10(a) is to request the body
10 known as the Western Australian Local Government
Association to submit to him or her within a specified time a list
of 3 nominees.
(2) If the body fails to comply with such a request the Minister may
make the nomination at his or her discretion.
15 12. Public notification of proposed appointments under
section 10(c)
Before the Minister appoints any member referred to in
paragraph (c) of section 10 or a deputy of such a member, he or
she must cause notice to be published in 2 issues of a daily
20 newspaper circulating throughout the State inviting any person
who is interested in being appointed as a member under that
paragraph, or as a deputy of such a member, to notify the
Minister of his or her interest.
13. Constitution and proceedings
25 Schedule 1 has effect.
14. Remuneration and allowances
A member of the Board or of a committee is entitled to such
remuneration and allowances, if any, as the Minister from time
to time determines on the recommendation of the Minister for
30 Public Sector Management.
page 10
Prostitution Control Bill 2003
Prostitution Control Board Part 2
Functions of Board Division 2
s. 15
Division 2 -- Functions of Board
15. Functions
The functions of the Board are --
(a) to perform the licensing, supervisory, and other
5 functions given to the Board by this Act;
(b) to advise the Minister on policy in relation to
prostitution;
(c) to disseminate information and provide education in
accordance with section 16; and
10 (d) to develop strategies to provide persons with alternatives
to becoming prostitutes, and to advise prostitutes
wishing to cease prostitution.
16. Education and information
(1) It is a function of the Board to provide education concerning
15 prostitution-related issues for prostitutes and other persons
whose activities are controlled by this Act and to disseminate
information concerning those issues to those persons, police
officers and other officials, community groups, and the
community generally.
20 (2) The Board may perform its functions under subsection (1) either
directly or by making arrangements for other persons to act on
its behalf.
(3) In subsection (1) --
"prostitution-related issues" includes --
25 (a) the operation of this Act and the rights and
obligations arising under it;
(b) the functions of the Board;
(c) awareness of all aspects of prostitution, whether they
are peculiar to prostitution or common to prostitution
30 and other activities;
page 11
Prostitution Control Bill 2003
Part 2 Prostitution Control Board
Division 2 Functions of Board
s. 17
(d) the maintenance of health and avoidance of infection
in connection with prostitution;
(e) matters about which persons intending to become
prostitutes should be aware; and
5 (f) advice and sources of assistance available to
prostitutes wishing to cease prostitution.
17. General power of the Board
(1) The Board may do all things that are necessary or expedient to
be done for or in connection with the performance of its
10 functions.
(2) Without limiting subsection (1), the Board may make such
inquiries as it considers necessary to enable it properly to
perform its functions under this Act.
18. Delegation by Board
15 (1) The Board may, unless subsection (2) or any other provision of
this Act prevents it from doing so, delegate any power or duty
of the Board under another provision of this Act to --
(a) a member of the Board;
(b) a committee;
20 (c) a member of a committee; or
(d) the registrar.
(2) The Board cannot delegate --
(a) the power of delegation;
(b) the power to grant a licence under section 32;
25 (c) the power to revoke or suspend a licence under
section 49;
(d) the power to decide that a person should be given a
notice under section 96(2) or (4) the effect of which is to
ban a person from acting as a prostitute or to vary or
30 revoke a ban;
page 12
Prostitution Control Bill 2003
Prostitution Control Board Part 2
Functions of Board Division 2
s. 19
(e) the power to decide that a matter is to be investigated
under section 137; or
(f) the power to hold a formal inquiry.
(3) The delegation must be in writing executed by the Board.
5 (4) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(5) 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 delegation unless the
10 contrary is shown.
(6) Nothing in this section limits the ability of the Board to perform
a function through an officer or agent.
19. Directions by Minister
(1) Subject to subsection (2), the Minister may give directions in
15 writing to the Board with respect to the performance of its
functions either generally or in relation to a particular matter,
and the Board is to give effect to any such direction.
(2) The Minister cannot under subsection (1) direct the Board with
respect to --
20 (a) the performance of any of its licensing functions in
respect of a particular person; or
(b) the particular premises that are to be the business
premises of a person having or seeking to obtain a
brothel operator's licence or a prostitution agent's
25 licence.
(3) The Minister must cause the text of any direction under
subsection (1) to be laid before each House of Parliament, or
dealt with under subsection (4), within 14 days after the
direction is given.
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Prostitution Control Bill 2003
Part 2 Prostitution Control Board
Division 2 Functions of Board
s. 20
(4) If --
(a) at the commencement of the period referred to in
subsection (3) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit
5 during that period,
the Minister is to transmit a copy of the direction to the Clerk of
that House.
(5) A copy of a direction transmitted to the Clerk of a House is to
be regarded --
10 (a) as having been laid before that House; and
(b) as being a document published by order or under the
authority of that House.
(6) The laying of a copy of a direction that is regarded as having
occurred under subsection (5)(a) is to be recorded in the
15 Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
(7) The text of a direction given under subsection (1) is to be
included in the annual report submitted in respect of the Board
under the Financial Administration and Audit Act 1985
20 section 66.
20. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of the Board; and
(b) if the information is in or on a document, to have, and
25 make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may --
(a) request the Board to furnish information to the Minister;
(b) request the Board to give the Minister access to
information;
page 14
Prostitution Control Bill 2003
Prostitution Control Board Part 2
Functions of Board Division 2
s. 21
(c) for the purposes of paragraph (b) make use of a member
of staff of the Board to obtain the information and
furnish it to the Minister.
(3) The Board is to comply with a request under subsection (2) and
5 make its facilities and members of staff available to the Minister
for the purposes of paragraph (c) of that subsection.
(4) The Minister is not entitled to have information under this
section in a form that --
(a) discloses the identity of a person; or
10 (b) might enable the identity of a person to be ascertained,
unless that person has consented to the disclosure.
(5) In this section --
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
15 Board.
21. Committees
(1) The Board may from time to time --
(a) establish any committee to assist it in the performance
of its functions, and discharge a committee so
20 established; and
(b) appoint members of the Board and other persons as it
thinks fit to be members of a committee so established,
and remove and replace members.
(2) If the Board establishes a committee to provide advice in
25 relation to business involving the provision of prostitution, the
Board is to ensure that such of the following groups of persons
who are involved in the matter are represented on the
committee --
(a) persons who have a brothel operator's licence;
30 (b) persons who have a prostitution agent's licence;
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Prostitution Control Bill 2003
Part 2 Prostitution Control Board
Division 2 Functions of Board
s. 21
(c) persons who act as prostitutes under contracts of
employment with persons referred to in paragraph (a) or
(b);
(d) self-employed sole prostitutes who carry on business in
5 accordance with this Act;
(e) persons who act as prostitution drivers in accordance
with this Act.
(3) The Board may --
(a) determine the functions and constitution of, and
10 selection procedures for, a committee; and
(b) give directions with respect to a committee's functions
and procedures.
(4) A committee is to comply with a direction given to it under
subsection (3)(b).
15 (5) A person with special knowledge or experience may be invited
to act in an advisory capacity to a committee if --
(a) the committee is of the opinion that the person will
assist the committee in the performance of its functions;
and
20 (b) the Board has approved the invitation.
(6) A committee is to --
(a) cause accurate minutes to be kept of its proceedings; and
(b) submit a report to the Board in respect of the functions
performed by the committee as and when required by
25 the Board.
(7) Subject to this Act, a committee may determine its own
procedures.
page 16
Prostitution Control Bill 2003
Prostitution Control Board Part 2
Registrar and staff Division 3
s. 22
Division 3 -- Registrar and staff
22. Registrar and staff
(1) There are to be appointed under the Public Sector Management
Act 1994 Part 3 --
5 (a) a registrar of the Board; and
(b) such other officers as are necessary to assist with the
performance of the functions under this Act of the
registrar or the Board.
(2) The Board may employ persons as wages staff otherwise than
10 under the Public Sector Management Act 1994.
(3) Subsections (1) and (2) do not detract from the power of the
Board to engage a person under a contract for services under the
Public Sector Management Act 1994 section 100.
23. Functions of registrar
15 The registrar --
(a) has the functions given to him or her by this Act; and
(b) is responsible for administering the day to day
operations of the Board in accordance with any
directions of the Board.
20 24. Use of government staff and facilities
(1) The Board may by arrangement with the relevant employer
make use, either full-time or part-time, of the services of any
officer or employee --
(a) in the Public Service;
25 (b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the
State.
(2) The Board may by arrangement with --
(a) a department of the Public Service; or
page 17
Prostitution Control Bill 2003
Part 2 Prostitution Control Board
Division 4 Financial provisions and reporting
s. 25
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on
5 terms agreed to by the parties.
Division 4 -- Financial provisions and reporting
25. Funds of the Board
The funds of the Board consist of --
(a) money borrowed by the Board under section 26;
10 (b) fees received by the Board; and
(c) other money lawfully provided for the purposes of this
Act or received by the Board in connection with the
performance of its functions.
26. Borrowing by Board from Treasurer
15 The Board may borrow from the Treasurer such amounts as the
Treasurer approves on such terms and conditions relating to
repayment and payment of interest as the Treasurer imposes.
27. Prostitution Control Board Account
(1) The funds referred to in section 25 are to be credited to an
20 account called the "Prostitution Control Board Account"
held --
(a) as part of the Trust Fund constituted under the Financial
Administration and Audit Act 1985 section 9; or
(b) with the approval of the Treasurer, at a bank as defined
25 in the Financial Administration and Audit Act 1985
section 3(1).
(2) The account is to be charged with --
(a) the remuneration and allowances of members of the
Board; and
page 18
Prostitution Control Bill 2003
Prostitution Control Board Part 2
Other provisions about Board Division 5
s. 28
(b) all other expenditure lawfully incurred by the Board in
the performance of its functions.
28. Application of Financial Administration and Audit Act 1985
The provisions of the Financial Administration and Audit
5 Act 1985 regulating the financial administration, audit and
reporting of statutory authorities apply to and in respect of the
Board and its operations.
Division 5 -- Other provisions about Board
29. Execution of documents by Board
10 (1) The Board is to have a common seal.
(2) A document is duly executed by the Board, if --
(a) the common seal of the Board is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Board by a person or
15 persons authorised to do so under subsection (5).
(3) The common seal of the Board is not to be affixed to any
document except as authorised by the Board.
(4) The common seal of the Board is to be affixed to a document in
the presence of 2 members of the Board, and each of them is to
20 sign the document to attest that the common seal was so affixed.
(5) The Board may, by writing under its seal, authorise --
(a) a member or members of the Board; or
(b) a member or members of staff,
to sign documents on behalf of the Board, either generally or
25 subject to such conditions or restrictions as are specified in the
authorisation.
(6) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed unless the
contrary is shown.
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Prostitution Control Bill 2003
Part 2 Prostitution Control Board
Division 5 Other provisions about Board
s. 29
(7) A document executed under this section without the seal of the
Board is not to be regarded as being a document under seal.
(8) When a document is produced bearing a seal purporting to be
the common seal of the Board, it is to be presumed that that seal
5 is the common seal of the Board unless the contrary is shown.
page 20
Prostitution Control Bill 2003
When licence is required Part 3
s. 30
Part 3 -- When licence is required
30. Licence needed to carry on business of a brothel or
prostitution agency
(1) A person who carries on a business involving the provision of
5 prostitution commits an offence under this subsection unless --
(a) the carrying on of the business is in accordance with a
brothel operator's licence or a prostitution agent's
licence; or
(b) the business is a sole operator brothel business or a sole
10 operator agency business.
(2) The offence under subsection (1) is a crime.
Penalty: imprisonment for 14 years.
31. Licence needed to act as prostitution manager
(1) A person who acts as a prostitution manager commits a crime
15 unless the person has a prostitution manager's licence for the
business concerned.
Penalty: imprisonment for 5 years.
Summary conviction penalty: imprisonment for 3 years.
(2) A person acts as a prostitution manager if the person has the
20 immediate direction and control of a brothel business or
prostitution agency business.
(3) Subsection (1) applies whether or not the person has a brothel
operator's licence or a prostitution agent's licence for the
business.
page 21
Prostitution Control Bill 2003
Part 4 Licensing provisions
Division 1 General licensing provisions
s. 32
Part 4 -- Licensing provisions
Division 1 -- General licensing provisions
32. Board may grant licence
The Board may, in accordance with this Part, grant --
5 (a) a brothel operator's licence;
(b) a prostitution agent's licence; or
(c) a prostitution manager's licence,
to a person who applies for a licence of that kind and pays to the
Board the fee for the grant of the licence that is prescribed by
10 the regulations.
33. Multiple licences
A person may have --
(a) licences of 2 or more of the kinds described in
section 32(a) to (c) for one or more business premises;
15 or
(b) licences of any of those kinds for 2 or more businesses
or business premises.
34. Applying for a licence
(1) An application for a licence is to be --
20 (a) made in writing, in a form approved by the Board; and
(b) lodged in a manner approved by the Board.
(2) A person making an application is to state --
(a) an address that is to be the person's contact address for
the purposes of this Act, at which the person may be
25 contacted by anyone performing a function under this
Act; and
(b) the address of premises at which records are to be held
under section 112.
page 22
Prostitution Control Bill 2003
Licensing provisions Part 4
General licensing provisions Division 1
s. 35
(3) When applying for a licence, a person is required to pay to the
Board the fee for the application that is prescribed by the
regulations.
35. Material required to accompany application for licence
5 An application for a licence is to be accompanied by --
(a) evidence of the applicant's age and identity;
(b) photographs of the applicant in such number and form
as the Board may determine;
(c) testimonials from 2 persons as to the applicant's
10 character given not more than 6 months before the
application is lodged;
(d) proof of any business name, other than a name identified
under paragraphs (a) and (b), under which the applicant
proposes to do what is sought to be authorised by the
15 licence;
(e) if the application is for a brothel operator's licence or a
prostitution agent's licence, evidence that the applicant
is ordinarily resident in Western Australia and --
(i) is permanently resident in Australia; or
20 (ii) is an Australian citizen;
and
(f) if the application is for a licence on behalf of a
partnership or body corporate --
(i) where relevant, proof of incorporation;
25 (ii) the same things in respect of each partner or
managerial officer as paragraphs (a), (b), (c), (d),
and (e) require in respect of the applicant; and
(iii) written confirmation from another partner or
director, as the case requires, that the applicant is
30 authorised by the partnership or the body
corporate to make the application.
page 23
Prostitution Control Bill 2003
Part 4 Licensing provisions
Division 1 General licensing provisions
s. 36
36. Finger and palm prints of applicant for licence
(1) The Board may, in writing, require an applicant for a licence to
attend at a specified place and there have fingerprints and palm
prints taken by a police officer or a person employed in the
5 department of the Public Service principally assisting in the
administration of the Police Act 1892.
(2) An applicant who fails to comply with a requirement made
under subsection (1) cannot be granted a licence.
(3) The Commissioner of Police is to cause fingerprints and palm
10 prints taken under this section and any copy of them to be
destroyed --
(a) if the applicant is not granted a licence; or
(b) if the applicant is granted a licence but afterwards --
(i) the licence ceases to have effect; and
15 (ii) the person whose prints were taken requests the
Commissioner, in writing, to destroy them.
37. Restrictions on who can have licences
(1) The Board cannot grant a licence to an applicant unless --
(a) the applicant is an individual whose age is at least
20 18 years; and
(b) the Board is satisfied that --
(i) there is sufficient evidence of the applicant's
identity;
(ii) sufficient information has been provided to
25 enable the applicant's identity to be checked to
the satisfaction of the Board;
(iii) the applicant has no charge pending of an
offence alleged to have been committed in this
State that involves an act of violence against the
30 person or involves a victim who was a child or
incapable person;
page 24
Prostitution Control Bill 2003
Licensing provisions Part 4
General licensing provisions Division 1
s. 37
(iv) the applicant has not been declared under the
Misuse of Drugs Act 1981 section 32A to be a
drug trafficker;
(v) the applicant has not been found guilty of an
5 offence described in Schedule 2;
(vi) the applicant has not been found guilty of an
offence under the law of the Commonwealth,
another State, or a Territory, that the Board
considers to be substantially similar to an offence
10 described in Schedule 2;
(vii) the applicant has not been convicted, in this or
another State or a Territory, of any indictable
offence, including an offence under a law of the
Commonwealth, any other State, or a Territory,
15 that is triable by jury that the Board considers
would make it inappropriate for the Board to
grant the licence;
(viii) no licence granted under this Act to the applicant
has been revoked within the period of 5 years
20 before the application is made;
(ix) the applicant is not the subject of a violence
restraining order as defined in the Restraining
Orders Act 1997 section 3;
(x) the applicant is otherwise of good character and
25 is a fit and proper person to have the licence;
(xi) in the case of a brothel operator's licence or a
prostitution agent's licence, there will be
adequate management, supervision and control
of the business that will be carried on; and
30 (xii) the applicant will be able to comply with any
condition or restriction to which the licence is to
be made subject.
(2) If the application is for a licence on behalf of a partnership or a
body corporate, the Board cannot grant a licence unless also
page 25
Prostitution Control Bill 2003
Part 4 Licensing provisions
Division 1 General licensing provisions
s. 38
satisfied, with respect to each person who is a partner or
managerial officer, of any matter referred to in
subparagraph (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix) or (x) of
which the Board would need to be satisfied if that person were
5 the applicant.
(3) A person who has been involved in prostitution before this Act
imposed any requirement to have a licence is not, for that reason
alone, to be regarded as not being of good character or not being
a fit and proper person to be licensed or to be a partner or
10 managerial officer.
38. Form of licence document
(1) If the Board grants a person a licence it is to issue the person
with a licence document that is to contain the details and be in
the form determined by the Board consistently with this Part.
15 (2) The Board may, under subsection (1), determine that 2 or more
licences of the same person may be shown in one licence
document.
39. Duration of licence
(1) Unless the term for which a licence has effect is extended under
20 this section, the licence expires on the day specified in the
licence, which cannot be more than 3 years after the day when
the licence comes into effect.
(2) The day on which the licence expires is to be specified in the
licence document.
25 (3) If an application for the renewal of a licence is granted, the
Board may extend the term of the licence and --
(a) issue the applicant with a new licence document; or
(b) modify the applicant's current licence document.
(4) Each extension of a licence cannot be by more than a period of
30 3 years.
page 26
Prostitution Control Bill 2003
Licensing provisions Part 4
General licensing provisions Division 1
s. 40
40. How and when to apply for renewal
(1) An application for the renewal of a licence is to be --
(a) made in a form approved by the Board;
(b) lodged in a manner approved by the Board; and
5 (c) accompanied by the amount of the fee for the renewal of
the licence that is prescribed by the regulations.
(2) An application for renewal cannot be made later than the
28th day before the day on which the licence is due to expire.
(3) If the application for renewal is refused, the amount of the fee
10 for the renewal of the licence that accompanied the application
is to be refunded.
41. Renewal
The Board cannot renew a licence that section 49 requires it to
revoke.
15 42. Other material to support application for licence or renewal
The Board may request an applicant for the grant or renewal of
a licence to provide, in support of the application, any further
evidence or information specified, or of a kind specified, by the
Board and the request may specify the form in which the
20 evidence or information is required.
43. Conditions and restrictions
(1) The Board may, when it grants a person a licence, make the
licence subject to conditions and restrictions set out in, or
provided with, the licence document.
25 (2) The Board may, by notice in writing given to the licensed
person at any time or in the licence document as issued or
modified when granting an extension, make an existing licence
subject to a new condition or restriction or vary or remove a
condition or restriction to which an existing licence is subject.
page 27
Prostitution Control Bill 2003
Part 4 Licensing provisions
Division 1 General licensing provisions
s. 44
44. Regulations may prescribe conditions and restrictions
The regulations may prescribe conditions and restrictions that,
unless otherwise specified in the licence, are to be taken to be
attached to each licence, or each licence of a class prescribed by
5 the regulations.
45. Licence not transferable
A licence is not transferable.
46. Duplicate of licence document
If the Board is satisfied that a licence document has been lost or
10 destroyed it may issue a duplicate on payment of the relevant
fee that is prescribed by the regulations.
47. Amendment of licence
(1) A person who has a licence may, in a form approved by the
Board, apply to the Board for the amendment of the licence.
15 (2) The application is to be accompanied by the amount of the fee,
if any, for amending a licence on a person's application that is
prescribed by the regulations.
(3) If the application is refused, the amount of the fee that
accompanied the application is to be refunded.
20 (4) The Board may, whether or not an application has been made
under subsection (1), amend a person's licence by notice in
writing given to the person.
48. Automatic termination of licence on behalf of partnership or
body corporate
25 (1) If a person has a licence on behalf of a partnership, the licence
terminates automatically if the person ceases to be one of the
partners.
page 28
Prostitution Control Bill 2003
Licensing provisions Part 4
Licensing brothel operators Division 2
s. 49
(2) If a person has a licence on behalf of a body corporate, the
licence terminates automatically if the person ceases to be a
managerial officer of the body corporate.
(3) A person whose licence terminates under this section is to give
5 the Board notice in writing of the circumstance resulting in the
termination and the date on which it occurred, and the notice is
to be given within 7 days after the circumstance occurs.
Penalty: $12 000.
49. Revoking or suspending licence
10 (1) The Board may revoke or suspend a licence by notice in writing
given to the person licensed.
(2) Without limiting subsection (1), the Board is to revoke a
licence if --
(a) it is no longer satisfied as to any matter about which it
15 would be required to be satisfied before granting a
licence of the same kind; or
(b) it comes to know of any other matter that would prevent
it from granting the licence if an application were only
then being made for it.
20 50. Notice of change of contact address
A licensed person may give to the Board notice in writing of a
change of that person's contact address.
Division 2 -- Licensing brothel operators
51. Restrictions on grant of licence
25 (1) A brothel operator's licence can only be granted to an applicant
who is ordinarily resident in Western Australia and --
(a) is permanently resident in Australia; or
(b) is an Australian citizen.
page 29
Prostitution Control Bill 2003
Part 4 Licensing provisions
Division 2 Licensing brothel operators
s. 51
(2) A person may have the licence on behalf of a partnership but
only if --
(a) the person is one of the partners;
(b) each of the partners other than a body corporate is an
5 individual who is ordinarily resident in Western
Australia and --
(i) is permanently resident in Australia; or
(ii) is an Australian citizen;
and
10 (c) each of the partners that is a body corporate is a
proprietary company each shareholder of which is an
individual who is ordinarily resident in Western
Australia and --
(i) is permanently resident in Australia; or
15 (ii) is an Australian citizen.
(3) The person may have the licence on behalf of a body corporate
but only if the body corporate is a proprietary company and --
(a) the person who has the licence is a managerial officer of
the body corporate; and
20 (b) each managerial officer of the body corporate is an
individual who is ordinarily resident in Western
Australia and --
(i) is permanently resident in Australia; or
(ii) is an Australian citizen.
25 (4) If the person has the licence on behalf of a partnership or body
corporate, the business in respect of which the person has the
licence may be transacted in the name of the partnership or body
corporate.
page 30
Prostitution Control Bill 2003
Licensing provisions Part 4
Licensing brothel operators Division 2
s. 52
52. Consent needed to use premises as brothel
(1) The Board cannot grant a brothel operator's licence unless
satisfied that each land-holder has consented in writing to the
proposed business premises being used as a brothel.
5 (2) In subsection (1) --
"land-holder" means a person, other than the person applying
for the licence, who has an estate or interest in the land on
which the proposed business premises are situated.
53. Other consent, approval, or exemption still required
10 The Board cannot grant a brothel operator's licence unless
satisfied that any consent, approval, or exemption has been
obtained that, because of any other law, would have to be
obtained before the business could be carried on.
54. Examples of matters to be considered
15 (1) Without limiting the matters that the Board may consider in
making a licensing decision, those matters include --
(a) the location of the premises that are, or are to be, used as
a brothel;
(b) the identity of any person who has an estate or interest
20 in the land on which the premises proposed to be used as
a brothel are situated;
(c) the hours during which business is, or is to be, carried
on at the brothel;
(d) the number of persons who act, or are to act, as
25 prostitutes at the brothel;
(e) the number of rooms that are, or are to be, provided at
the brothel as places for persons to act as prostitutes; and
(f) the number of prostitution business licences that the
same person has or is to have.
page 31
Prostitution Control Bill 2003
Part 4 Licensing provisions
Division 3 Licensing prostitution agents
s. 55
(2) In this section --
"licensing decision" means a decision as to the grant, renewal,
amendment, suspension, or revocation of a brothel
operator's licence;
5 "prostitution business licence" means a brothel operator's
licence or a prostitution agent's licence.
55. Certain matters to be specified in licence
(1) Without limiting other things that may be specified in a brothel
operator's licence, the licence is to specify --
10 (a) the name of --
(i) the brothel business;
(ii) the person who is licensed; and
(iii) if the licence is on behalf of a partnership or
body corporate, each partner or the body
15 corporate, as the case requires;
and
(b) premises that are to be used as a brothel.
(2) Two or more premises cannot be specified for use as a brothel
in one licence, but that does not prevent a person from having
20 more than one brothel operator's licence or 2 or more licences
of the same person from being shown in one licence document.
Division 3 -- Licensing prostitution agents
56. Restrictions on grant of licence
(1) A prostitution agent's licence can only be granted to an
25 applicant who is ordinarily resident in Western Australia and --
(a) is permanently resident in Australia; or
(b) is an Australian citizen.
page 32
Prostitution Control Bill 2003
Licensing provisions Part 4
Licensing prostitution agents Division 3
s. 57
(2) The person may have the licence on behalf of a partnership but
only if --
(a) the person is one of the partners;
(b) each of the partners other than a body corporate is an
5 individual who is ordinarily resident in Western
Australia and --
(i) is permanently resident in Australia; or
(ii) is an Australian citizen;
and
10 (c) each of the partners that is a body corporate is a
proprietary company each shareholder of which is an
individual who is ordinarily resident in Western
Australia and --
(i) is permanently resident in Australia; or
15 (ii) is an Australian citizen.
(3) The person may have the licence on behalf of a body corporate
but only if the body corporate is a proprietary company and --
(a) the person who has the licence is a managerial officer of
the body corporate; and
20 (b) each managerial officer of the body corporate is an
individual who is ordinarily resident in Western
Australia and --
(i) is permanently resident in Australia; or
(ii) is an Australian citizen.
25 (4) If the person has the licence on behalf of a partnership or body
corporate, the business in respect of which the person has the
licence may be transacted in the name of the partnership or body
corporate.
57. Consent needed to use premises as prostitution agency office
30 (1) The Board cannot grant a prostitution agent's licence unless
satisfied that each land-holder has consented in writing to the
page 33
Prostitution Control Bill 2003
Part 4 Licensing provisions
Division 3 Licensing prostitution agents
s. 58
proposed business premises being used as a prostitution agency
office.
(2) In subsection (1) --
"land-holder" means a person, other than the person applying
5 for the licence, who has an estate or interest in the land on
which the proposed business premises are situated.
58. Other consent, approval, or exemption still required
The Board cannot grant a prostitution agent's licence unless
satisfied that any consent, approval, or exemption has been
10 obtained that, because of any other law, would have to be
obtained before the business could be carried on.
59. Examples of matters to be considered
(1) Without limiting the matters that the Board may consider in
making a licensing decision, those matters include --
15 (a) the location of the premises that are, or are to be, used as
a prostitution agency office;
(b) the identity of any person who has an estate or interest
in the land on which the premises proposed to be used as
a prostitution agency office are situated;
20 (c) the hours during which business is, or is to be, carried
on from the prostitution agency office;
(d) the number of persons who act, or are to act, as
prostitutes through the prostitution agency business; and
(e) the number of prostitution business licences that the
25 same person has or is to have.
(2) In this section --
"licensing decision" means a decision as to the grant, renewal,
amendment, suspension, or revocation of a prostitution
agent's licence;
30 "prostitution business licence" means a brothel operator's
licence or a prostitution agent's licence.
page 34
Prostitution Control Bill 2003
Licensing provisions Part 4
Licensing prostitution managers Division 4
s. 60
60. Certain matters to be specified in licence
(1) Without limiting other things that may be specified in a
prostitution agent's licence, the licence is to specify --
(a) the name of --
5 (i) the prostitution agency business;
(ii) the person who is licensed; and
(iii) if the licence is on behalf of a partnership or
body corporate, each partner or the body
corporate, as the case requires;
10 and
(b) premises that are to be used as a prostitution agency
office.
(2) Two or more premises cannot be specified for use as a
prostitution agency office in one licence, but that does not
15 prevent a person from having more than one prostitution agent's
licence or 2 or more licences of the same person from being
shown in one licence document.
Division 4 -- Licensing prostitution managers
61. Restrictions on grant of licence
20 A person cannot have a prostitution manager's licence on behalf
of a partnership or body corporate.
62. Certain matters to be specified in licence
(1) Without limiting other things that may be specified in a
prostitution manager's licence, the licence is to specify --
25 (a) the name of --
(i) the brothel business or prostitution agency
business for which the person is licensed as a
manager;
(ii) the person who is licensed as a manager; and
page 35
Prostitution Control Bill 2003
Part 4 Licensing provisions
Division 4 Licensing prostitution managers
s. 62
(iii) the person licensed as the brothel operator or
prostitution agent for the business concerned;
and
(b) the location of the business premises.
5 (2) A person cannot be specified as a prostitution manager for 2 or
more premises in one licence, but that does not prevent a person
from having more than one prostitution manager's licence or 2
or more licences of the same person from being shown in one
licence document.
page 36
Prostitution Control Bill 2003
Other obligations and offences Part 5
Persons generally Division 1
s. 63
Part 5 -- Other obligations and offences
Division 1 -- Persons generally
63. Inviting services of prostitute prohibited from acting
A person who knows, or could reasonably be expected to know,
5 that another person is prohibited by this Act from acting as a
prostitute, whether because the person is banned by or under
this Act from acting as a prostitute, or for any other reason, is
not to invite that other person to act as a prostitute.
Penalty: imprisonment for one year.
10 64. Seeking prostitute in or in view or within hearing of
public place
(1) A person who, in or in the view or within hearing of a public
place, seeks another person to act as a prostitute commits an
offence under this subsection.
15 (2) The offence under subsection (1) is a crime if the person whom
the offender seeks to act as a prostitute, or any of them if there
are more than one, is a child or incapable person.
(3) A person who commits an offence under subsection (1) is
liable --
20 (a) if it is a simple offence, to imprisonment for 2 years;
(b) if it is a crime, to imprisonment for 7 years.
(4) For the purposes of subsection (1), a person (the "offender")
seeks another person to act as a prostitute if the offender --
(a) invites or requests another person to act as a prostitute;
25 or
(b) loiters in or frequents a place for the purpose of, or with
the intention of --
(i) inviting or requesting another person to act as a
prostitute; or
page 37
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 1 Persons generally
s. 65
(ii) receiving an invitation for another person to act
as a prostitute.
(5) It makes no difference --
(a) whether or not the offender is the prospective client;
5 (b) whether or not a particular person is sought to act as a
prostitute; or
(c) whether the offender makes or intends to make the
invitation or request directly or through someone else to,
or intends to receive the invitation directly or through
10 someone else from, the person whom the offender seeks
to act as a prostitute.
65. Seeking client in or in view or within hearing of public place
(1) A person who, in or in the view or within hearing of a public
place, seeks another person to be a prostitute's client commits
15 an offence under this subsection.
(2) If the person whom the offender seeks to be a prostitute's client,
or any of them if there are more than one, is a child, the offence
is a crime.
(3) A person who commits an offence under subsection (1) is
20 liable --
(a) if it is a simple offence, to imprisonment for one year;
(b) if it is a crime, to imprisonment for 3 years.
(4) For the purposes of subsection (1), a person (the "offender")
seeks another person to be a prostitute's client if the offender --
25 (a) invites or requests another person to be a prostitute's
client; or
(b) loiters in or frequents a place for the purpose of, or with
the intention of --
(i) inviting or requesting another person to be a
30 prostitute's client; or
page 38
Prostitution Control Bill 2003
Other obligations and offences Part 5
Persons generally Division 1
s. 66
(ii) receiving an invitation for another person to be a
prostitute's client.
(5) It makes no difference --
(a) whether or not the offender, or any particular person, is
5 the prospective prostitute;
(b) whether or not a particular person is sought to be a
client; or
(c) whether the offender makes or intends to make the
invitation or request directly or through someone else to,
10 or intends to receive the invitation directly or through
someone else from, the person whom the offender seeks
to be a prostitute's client.
66. Providing place for prostitution
(1) A person who, except as stated in subsection (2), provides a
15 place for the purpose of acts of prostitution being performed
there commits a crime.
Penalty: imprisonment for 5 years.
(2) Subsection (1) does not apply to --
(a) the provision of premises for use as a brothel in
20 accordance with a brothel operator's licence;
(b) the provision of premises being the principal place of
residence of a self-employed sole prostitute; or
(c) the provision by a client of a place, on a temporary
basis, for the purpose of the client taking part in an act
25 of prostitution --
(i) under an arrangement with a prostitution agency
business for which a person is licensed; or
(ii) with a self-employed sole prostitute.
page 39
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 1 Persons generally
s. 67
67. Client not to attend a place unlawfully provided
A person is not, as a client, to attend a place provided contrary
to section 66 for the purpose of acts of prostitution being
performed there.
5 Penalty: $6 000.
68. Causing, permitting, or seeking to induce child or incapable
person to act as prostitute
(1) A person is not to cause or permit a child, or cause or permit an
incapable person, to act, or continue to act, as a prostitute.
10 (2) A person is not to do anything with the intention of inducing a
child or an incapable person to act, or continue to act, as a
prostitute.
(3) An offence under subsection (1) or (2) is a crime.
Penalty: imprisonment for 20 years.
15 69. Obtaining payment for prostitution by a child or incapable
person
(1) A person is not to receive a payment, in money or any other
form, knowing that it or any part of it has been derived, directly
or indirectly, from a child or incapable person taking part in an
20 act of prostitution, whether as a prostitute or as a client.
Penalty: imprisonment for 14 years.
(2) An offence under subsection (1) is a crime.
(3) A person has a defence to a charge of an offence under
subsection (1) if it is proved that the payment was received in
25 the ordinary course of a business unrelated to prostitution.
70. Agreement for prostitution by a child or incapable person
(1) A person is not to enter into, or offer to enter into, an agreement
under which a child or incapable person is to act as a prostitute,
whether for that person or anyone else.
30 Penalty: imprisonment for 14 years.
page 40
Prostitution Control Bill 2003
Other obligations and offences Part 5
Persons generally Division 1
s. 71
(2) An offence under subsection (1) is a crime.
71. Child not to seek services of prostitute
(1) A child is not to seek another person to act as a prostitute.
Penalty: $6 000.
5 (2) For the purposes of subsection (1), a child seeks another person
to act as a prostitute if the child --
(a) invites or requests another person to act as a prostitute;
or
(b) loiters in or frequents a place for the purpose of, or with
10 the intention of --
(i) inviting or requesting another person to act as a
prostitute; or
(ii) receiving an invitation for another person to act
as a prostitute.
15 (3) It makes no difference --
(a) whether or not the child is the prospective client;
(b) whether or not a particular person is sought to act as a
prostitute; or
(c) whether the child makes or intends to make the
20 invitation or request directly or through someone else to,
or intends to receive the invitation directly or through
someone else from, the person whom the child seeks to
act as a prostitute.
72. No prostitution where child present
25 (1) A person is not to take part, whether as a prostitute or as a
client, in an act of prostitution at a place where the person
knows that a child is present.
Penalty:
(a) for a first offence -- $25 000;
30 (b) for any subsequent offence -- imprisonment for
2 years and $25 000.
page 41
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 1 Persons generally
s. 73
(2) For the purposes of subsection (1), the place extends as far as
the limits up to which either a prostitute or a client taking part in
the act of prostitution exercises, or is able to exercise, control
over who is allowed to be there.
5 (3) It makes no difference whether control is, or is able to be,
exercised solely or in common with others.
73. Allowing child to be at place where prostitution involved
A person who allows a child to enter or remain at a place at
which the person knows, or could reasonably be expected to
10 know --
(a) an act of prostitution is taking place; or
(b) a business is being carried on that involves more than
one prostitute in the provision of prostitution,
commits an offence under this section.
15 Penalty:
(a) for a first offence -- $25 000;
(b) for any subsequent offence -- imprisonment for
2 years and $25 000.
74. Seeking to induce person to act as prostitute
20 (1) A person is not to --
(a) assault or threaten to assault anyone;
(b) intimidate anyone;
(c) supply or offer to supply a prohibited drug to anyone;
(d) make a false representation or use any false pretence or
25 other fraudulent means; or
(e) do anything else, or refrain from doing anything,
with the intention of inducing another person who is not a child
or an incapable person to act, or continue to act, as a prostitute.
Penalty: imprisonment for 14 years.
30 Summary conviction penalty: imprisonment for 3 years.
page 42
Prostitution Control Bill 2003
Other obligations and offences Part 5
Persons generally Division 1
s. 75
(2) An offence under subsection (1) is a crime.
75. Living on earnings of prostitute prohibited from acting
(1) A person is not to live wholly or in part on, or derive a material
benefit from, the earnings from prostitution of a person who is
5 prohibited by this Act from acting as a prostitute, whether
because the person is banned by or under this Act from acting as
a prostitute, or for any other reason.
Penalty: imprisonment for one year.
(2) The court convicting a person of an offence under
10 subsection (1) may, as well as imposing a penalty for the
offence, order the person to pay to the Crown an amount that the
court considers to be not more than the value of the benefit
derived by the person from the prostitute's earnings.
76. Persons with certain health conditions not to use prostitutes
15 A person who knows, or could reasonably be expected to know,
that he or she has a sexually transmissible infection commits an
offence if he or she invites or allows another person to act as a
prostitute for him or her.
Penalty:
20 (a) for a first offence -- $6 000;
(b) for any subsequent offence -- imprisonment for
one year.
77. Prophylactic to be used
It is an offence for a person to take part in an act of prostitution
25 without using a prophylactic that is appropriate for preventing
the transmission of bodily fluid from one person to another.
Penalty: $6 000.
page 43
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 1 Persons generally
s. 78
78. Advertising prostitution
(1) A person is not to publish or cause to be published an
advertisement of prostitution that is contrary to any regulation
made for the purposes of this subsection.
5 (2) A person is not to broadcast or cause to be broadcast an
advertisement of prostitution other than through --
(a) a newspaper;
(b) a part of the computer network known as the internet but
only if, before the broadcast, the person notifies the
10 Board of the person's intention to do so in accordance
with the regulations for the purposes of this paragraph;
or
(c) other means that are approved by the Board.
(3) If an advertisement of prostitution is broadcast or otherwise
15 published contrary to this section, the offence is committed
by --
(a) any person who publishes the advertisement or causes it
to be published, or broadcasts the advertisement or
causes it to be broadcast, as the case requires;
20 (b) any person through whose business the advertisement is
broadcast or otherwise published; and
(c) the person who has the prostitution business licence for
the business in the course of which the advertised
prostitution would be performed and any person who
25 has a prostitution manager's licence for the business.
(4) In this section --
"advertisement of prostitution" includes an advertisement of
the name of a person acting as a prostitute, the name of any
person who carries on a business involving prostitution, or
30 the name under which a business involving prostitution is
carried on, even though there may be nothing besides the
name to indicate that it is prostitution that is advertised;
page 44
Prostitution Control Bill 2003
Other obligations and offences Part 5
Persons generally Division 1
s. 79
"broadcast" includes to publish --
(a) by transmitting or otherwise disseminating by radio
or television, or through any part of the computer
network known as the internet; or
5 (b) through any paper, periodical, journal, or other thing
circulated to the public or any section of the public;
"prostitution business licence" means --
(a) a brothel operator's licence; or
(b) a prostitution agency licence.
10 (5) An advertisement is disseminated through a part of the
computer network known as the internet if it is sent, or made
accessible through, the network or any part of it.
Penalty: $6 000.
79. Promoting employment in prostitution industry
15 A person is not to publish or cause to be published a statement
that is intended or likely to induce a person to --
(a) seek employment as, or act as, a prostitute; or
(b) seek employment in any other capacity in any business
involving the provision of prostitution.
20 Penalty: $60 000.
80. Prohibition of certain sponsorships
(1) A person is not, in Western Australia, to promote or publicise,
or agree to promote or publicise --
(a) any person as a prostitute; or
25 (b) any business involving the provision of prostitution,
under a contract, or an arrangement (whether or not legally
binding), under which a sponsorship is provided, or to be
provided, by another person.
page 45
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 1 Persons generally
s. 81
(2) A person (whether inside or outside Western Australia) is not to
provide, or agree to provide, in Western Australia a sponsorship
under a contract or arrangement of a kind referred to in
subsection (1).
5 (3) In this section --
"sponsorship" includes --
(a) a scholarship, prize, gift, or other like benefit; and
(b) any financial arrangement (other than a bona fide
contract of employment or a bona fide contract for
10 services) for directly promoting or publicising a
person or business as referred to in subsection (1)(a)
or (b) through any medium.
Penalty: $60 000.
81. Involvement in the business of self-employed sole prostitute
15 (1) A person who does not own and operate a sole operator brothel
business or a sole operator agency business is not to do, in
connection with that business, anything of a kind that is similar
to anything normally done by a person in connection with a
prostitution agency business.
20 (2) Subsection (1) does not apply to a person who is employed or
engaged under any kind of arrangement to act as a prostitution
driver, in accordance with this Act, for a self-employed sole
prostitute.
Penalty: imprisonment for one year.
25 82. Interest in business of self-employed sole prostitute
(1) A person who has an interest in a sole operator brothel business
or a sole operator agency business but does not own and operate
the business commits a crime.
Penalty: imprisonment for 5 years.
30 Summary conviction penalty: imprisonment for 3 years.
page 46
Prostitution Control Bill 2003
Other obligations and offences Part 5
Persons generally Division 1
s. 83
(2) For the purposes of subsection (1) --
"interest" has a meaning corresponding to the meaning given
by section 103(5).
83. Possessing another person's licence document
5 A person is not, without lawful excuse, to possess --
(a) a licence document issued to another person; or
(b) a document that purports to be, but is not, a licence
document issued under this Act.
Penalty: imprisonment for one year.
10 84. Interfering with licence document
A person is not, without lawful excuse, to wilfully destroy,
mutilate, deface, or alter a licence document, whether it was
issued to that person or another person.
Penalty: imprisonment for one year.
15 85. Falsely implying certain things
A person is not to falsely represent, or lead another person to
falsely believe, that --
(a) a person holds a licence under this Act, whether of a
particular kind or at all; or
20 (b) anything is in accordance with a licence.
Penalty: imprisonment for one year.
86. Inspection of records
(1) Records required by section 112 to be held are required to be
available for inspection at the premises at which they are
25 required to be held.
(2) A person required by section 112 to hold records, or an agent or
employee of the person who is at the time in charge of the
premises where they are required to be held, is to produce for
page 47
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 1 Persons generally
s. 87
inspection any records referred to in subsection (1) if required to
do so by a police officer or other authorised person.
(3) If records required under this section to be produced are not in a
readable format, the requirement to produce them is to be
5 treated as a requirement to produce --
(a) the records themselves; and
(b) the contents of the records in a readable format.
(4) A person is not, without lawful excuse, to refuse or fail to
comply with a requirement under this section.
10 Penalty:
(a) if the requirement to hold the records applies to the
person because the person is or was required to
maintain them in the person's capacity as the holder
of a brothel operator's licence, a prostitution agent's
15 licence, or a prostitution manager's licence --
$120 000;
(b) in the case of an agent or employee of a person
referred to in paragraph (a) -- $60 000.
87. Information to be given to police and other authorised
20 persons
(1) A police officer or other authorised person may, for the
purposes of performing any function under this Act, request --
(a) any person who is at a brothel or a prostitution agency
office; or
25 (b) any person who is known or is reasonably suspected to
have acted as a prostitute,
to give that person's name and address, and any other
information that may assist in identifying the person, to the
person making the request.
page 48
Prostitution Control Bill 2003
Other obligations and offences Part 5
Persons generally Division 1
s. 88
(2) A person who, when requested under subsection (1) to give
information --
(a) fails to comply with the request; or
(b) gives information that the person knows to be false or
5 misleading in a material particular, or likely to deceive
in a material way,
commits an offence.
Penalty:
(a) for a first offence -- $6 000;
10 (b) for any subsequent offence -- imprisonment for one
year.
88. Hindering performance of functions
A person is not to delay, obstruct, or otherwise hinder a police
officer or other authorised person, or any other person, in the
15 performance of any function under this Act.
Penalty: imprisonment for 2 years.
89. Other offences relating to the performance of functions
(1) A person is not to give information, orally or in writing, that
affects or is intended to affect the performance of a
20 prostitution-related function and that the person knows to be --
(a) false or misleading in a material particular; or
(b) likely to deceive in a material way.
(2) In subsection (1) --
"prostitution-related function" means a function under this
25 Act, or any other function in respect of an offence under
this Act.
page 49
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 1 Persons generally
s. 90
(3) Without limiting the things to which subsection (1) applies, that
subsection extends to the giving of information in an application
form or otherwise in connection with the making of an
application.
5 Penalty:
(a) for a first offence -- $6 000;
(b) for any subsequent offence -- imprisonment for one
year.
90. Contravening certain orders by the Board
10 A person is not, without lawful excuse, to contravene an order
made under Part 6.
Penalty:
(a) for a first offence -- $6 000;
(b) for any subsequent offence -- imprisonment for one
15 year.
91. Contravening direction by police to move on
A person is not, without lawful excuse, to contravene a direction
given under section 155.
Penalty:
20 (a) for a first offence -- $6 000;
(b) for any subsequent offence -- imprisonment for one
year.
92. Failure to comply with certain requirements
(1) A person is not, without lawful excuse, to refuse or fail --
25 (a) to attend; or
(b) to produce a document or other thing,
as required under section 140 or 149.
page 50
Prostitution Control Bill 2003
Other obligations and offences Part 5
Persons generally Division 1
s. 92
(2) A person is not, without lawful excuse, to refuse or fail --
(a) to be sworn or make an affirmation when required to do
so under section 149; or
(b) to answer a question or otherwise give information when
5 required to do so under section 140 or 149.
Penalty:
(a) for a first offence -- $6 000;
(b) for any subsequent offence -- imprisonment for one
year.
10 (3) If an individual is required under section 140 or 149 to answer a
question or otherwise give information or produce anything
neither --
(a) an answer given by the individual that was given to
comply with the requirement;
15 (b) the fact that any information that was given by the
individual to comply with the requirement was given;
nor
(c) the fact that anything that was produced by the
individual to comply with the requirement was
20 produced,
is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for perjury or for
an offence under section 89.
(4) Nothing in this Act --
25 (a) prevents an individual from refusing to answer a
question or otherwise give information or produce a
document or other thing because the answer or
information might, or the document or thing contains
information that might, incriminate the individual or
30 render the individual liable to a penalty; or
(b) prevents a person from refusing to answer a question or
otherwise give information or produce a document or
page 51
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 1 Persons generally
s. 93
other thing because the answer or information would
relate to, or the document or thing contains, information
in respect of which the person claims legal professional
privilege.
5 93. Misbehaviour
A person is not to --
(a) misbehave during a formal inquiry;
(b) wilfully insult the Board or a member of the Board; or
(c) wilfully interrupt the proceedings of a formal inquiry.
10 Penalty:
(a) for a first offence -- $6 000;
(b) for any subsequent offence -- imprisonment for one
year.
94. Execution of warrant to be assisted
15 A person who is in charge of premises named in a warrant
issued under section 142 and anyone at the premises under that
person's control are to give to any person acting under the
warrant who seeks assistance any assistance sought that they are
able to give.
20 Penalty:
(a) for a first offence -- $6 000;
(b) for any subsequent offence -- imprisonment for one
year.
95. Returns by courts
25 If a court --
(a) convicts a licensed person of --
(i) an offence under this Act; or
(ii) an offence described in Schedule 2;
or
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Prostitution Control Bill 2003
Other obligations and offences Part 5
Prostitutes Division 2
s. 96
(b) convicts a person who is not licensed of an offence
under Part 3,
the clerk or registrar of the court is to send to the Board notice
of the conviction or finding, any penalty imposed, and any order
5 made.
Division 2 -- Prostitutes
96. Ban from acting as a prostitute
(1) A person is banned from acting as a prostitute if --
(a) the person is a child; or
10 (b) the person is an incapable person.
(2) The Board may give a person a notice in writing banning the
person, either indefinitely or as specified in the notice, from
acting as a prostitute if --
(a) the person has been declared under the Misuse of Drugs
15 Act 1981 section 32A to be a drug trafficker;
(b) the person has been found guilty of an offence described
in Schedule 2; or
(c) for any other reason that the Board sees fit.
(3) A person who acts or offers to act as a prostitute while banned
20 by subsection (1)(a) or by a notice under subsection (2) from
acting as a prostitute commits an offence under this subsection.
Penalty: in the case of a child -- $6 000.
Penalty: in any other case -- imprisonment for 2 years.
(4) The Board may, by notice in writing given to the person, vary or
25 revoke a notice banning a person from acting as a prostitute.
97. Prostitute not to act at place unlawfully provided
A person is not to act as a prostitute at a place provided contrary
to section 66 for the purpose of acts of prostitution being
performed there.
30 Penalty: $6 000.
page 53
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 2 Prostitutes
s. 98
98. Acting as a prostitute for a child
A person is not to act as a prostitute for a client who is a child.
Penalty: imprisonment for 2 years.
99. Persons with certain health conditions not to act as
5 prostitutes
A person who knows, or could reasonably be expected to know,
that he or she has a sexually transmissible infection commits an
offence if he or she acts or offers to act as a prostitute.
Penalty:
10 (a) for a first offence -- $6 000;
(b) for any subsequent offence -- imprisonment for one
year.
100. Medical examination not to be used to imply absence of
certain health conditions
15 (1) A person is not to use --
(a) the fact that the person has had a medical examination;
or
(b) the results of a medical examination or the giving of a
certificate as to those results,
20 to imply, in connection with any proposal that the person act as
a prostitute, that the person does not have any, or a particular,
sexually transmissible infection.
Penalty: $3 000.
(2) Subsection (1) does not apply if the implication results from a
25 disclosure that the person makes to a person licensed as the
brothel operator or prostitution agent, or as a prostitution
manager, for the business for which the person acts or proposes
to act as a prostitute.
page 54
Prostitution Control Bill 2003
Other obligations and offences Part 5
Prostitutes Division 2
s. 101
101. Employment contract required in certain cases
(1) A person is not to act as a prostitute at a brothel unless --
(a) the person has entered into a contract of service with the
person who has the brothel operator's licence for the
5 brothel, as an employee of that person; and
(b) whenever acting as a prostitute at the brothel, the person
is acting in the course of the person's employment under
the contract of service.
(2) A person is not to act as a prostitute through a prostitution
10 agency business unless --
(a) the person has entered into a contract of service with the
person who has the prostitution agent's licence for the
business, as an employee of that person; and
(b) whenever acting as a prostitute through the business, the
15 person is acting in the course of the person's
employment under the contract of service.
(3) This section applies to a person who acts as a prostitute whether
or not the person is also a self-employed sole prostitute.
Penalty: $3 000.
20 102. Notification of notifiable sexually transmissible infection
A person who acts as a prostitute and becomes aware that the
person has a notifiable sexually transmissible infection is to give
the Board notice in writing of that fact within 7 days after
becoming aware of it.
25 Penalty: $6 000.
103. Independence of self-employed sole prostitute
(1) A person is not to carry on a sole operator brothel business or a
sole operator agency business from a place from which any
other person carries on a business involving the provision of
30 prostitution.
Penalty: imprisonment for one year.
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Part 5 Other obligations and offences
Division 2 Prostitutes
s. 103
(2) A person carrying on a sole operator brothel business or a sole
operator agency business is not to use the services of another
person to do, in connection with that business, anything of a
kind that is similar to anything normally done by a person in
5 connection with a prostitution agency business.
Penalty: imprisonment for one year.
(3) Subsection (2) does not apply to a person who is employed or
engaged under any kind of arrangement to act as a prostitution
driver, in accordance with this Act, for a self-employed sole
10 prostitute.
(4) A person who carries on a sole operator brothel business or a
sole operator agency business is not to allow another person to
have an interest in the business.
Penalty: imprisonment for one year.
15 (5) For the purposes of subsection (4), a person has an interest in a
sole operator brothel business or a sole operator agency business
if --
(a) the person receives any pecuniary or other benefit from
the carrying on of that business; or
20 (b) the person could reasonably be expected to receive a
benefit described in paragraph (a),
except that a benefit received or expected to be received as a
spouse or de facto partner or dependant of the self-employed
sole prostitute who owns and controls the business or as a
25 person acting as a prostitution driver for that person, or in the
ordinary course of a business not involving the provision of
prostitution, is to be disregarded.
page 56
Prostitution Control Bill 2003
Other obligations and offences Part 5
Prostitution drivers Division 3
s. 104
104. Self-employed sole prostitutes not to allow certain persons to
act as prostitution drivers
A person who carries on a sole operator agency business is not
to allow another person to act as a prostitution driver if the
5 prospective driver --
(a) has been declared under the Misuse of Drugs Act 1981
section 32A to be a drug trafficker; or
(b) has been found guilty of an offence described in
Schedule 2.
10 Penalty: $6 000.
Division 3 -- Prostitution drivers
105. What constitutes acting as a prostitution driver
A person acts as a prostitution driver if --
(a) the person is employed in, or engaged under any kind of
15 arrangement for the purposes of, a business involving
the provision of prostitution; and
(b) the person transports a passenger on a journey that the
person knows, or could reasonably be expected to know,
is undertaken wholly or partly for the purpose of that
20 passenger taking part, whether as a prostitute or a client,
in an act of prostitution.
106. Certain persons not to act as prostitution drivers
A person who acts as a prostitution driver commits an offence
under this section if --
25 (a) the person has been declared under the Misuse of Drugs
Act 1981 section 32A to be a drug trafficker; or
(b) the person has been found guilty of an offence described
in Schedule 2.
Penalty: imprisonment for 2 years.
page 57
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 3 Prostitution drivers
s. 107
107. Driver's licence under Road Traffic Act 1974
Nothing in this Act affects a prostitution driver's need to hold
the appropriate driver's licence under the Road Traffic
Act 1974, and for the purpose of determining the appropriate
5 licence that is required under that Act the functions of a
prostitution driver are to be regarded as involving the carriage
of passengers for reward.
108. Limits on what prostitution driver may do
(1) A person who acts as a prostitution driver commits an offence
10 under this section if --
(a) the business in respect of which the person is employed
or engaged is a brothel business and the person knows,
or could reasonably be expected to know, that the person
carrying on that business does not have a brothel
15 operator's licence;
(b) the business in respect of which the person is employed
or engaged is a prostitution agency business and the
person knows, or could reasonably be expected to know,
that the person carrying on that business does not have a
20 prostitution agent's licence; or
(c) the person knows, or could reasonably be expected to
know, that a prospective passenger is prohibited by this
Act from acting as a prostitute, whether because the
person is banned by or under this Act from acting as a
25 prostitute, or for any other reason.
Penalty: imprisonment for 2 years.
(2) A person who acts as a prostitution driver is not to enter any
place in which prostitution in connection with which the person
acts as a prostitution driver takes place unless the place is
30 entered because it is reasonably believed that the prostitute is in
danger.
Penalty: $6 000.
page 58
Prostitution Control Bill 2003
Other obligations and offences Part 5
Licensed persons Division 4
s. 109
109. No weapon to be carried
(1) A person who acts as a prostitution driver is not to carry a
weapon while acting as a prostitution driver.
Penalty: $6 000.
5 (2) Subsection (1) applies even though the person may otherwise be
authorised under the Firearms Act 1973, the Security and
Related Activities (Control) Act 1996, or any other law, to carry
the weapon.
(3) In this section --
10 "weapon" means --
(a) a firearm as defined in the Firearms Act 1973
section 4; or
(b) a controlled weapon as defined in the Weapons
Act 1999 section 3 or a prohibited weapon as defined
15 in that section.
Division 4 -- Licensed persons
110. Return of licence document
(1) A person whose licence is suspended, expires, or otherwise
terminates is required, without delay, to deliver to the Board the
20 licence document that the Board has issued to the person.
Penalty: $6 000.
(2) It is a defence to a prosecution for an offence under
subsection (1) if the defendant satisfies the court that the failure
to deliver the document was due to its loss or destruction.
25 111. Providing licence document to another
A licensed person is not to --
(a) dispose of the person's licence document to another
person; or
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Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 4 Licensed persons
s. 112
(b) permit another person to use the licence document.
Penalty: imprisonment for one year.
112. Records to be kept
(1) A licensed person --
5 (a) is required to maintain such records as may be
prescribed, containing such particulars as may be
prescribed; and
(b) is not to knowingly make any false or misleading entry
in any record.
10 (2) The person who is or was required by subsection (1) to maintain
any records is required, whether or not the person still has the
licence, to hold the records at the notified premises until the end
of the retention period unless they are relinquished to the Board
in accordance with subsection (5).
15 (3) In subsection (2) --
"notified premises" means the premises identified in the
person's application for the licence as the premises at which
records are to be held under this section unless, under
subsection (4), the Board has been notified of other
20 premises, in which case it is the premises of which the
Board has been most recently notified under that subsection;
"retention period" means a period of 7 years from when the
last entry was made in the records.
(4) A person referred to in subsection (2) may notify the Board in
25 writing of a change in the address of the premises at which
records are to be held under this section but the premises must
be in this State unless the Board otherwise approves in writing.
(5) A person referred to in subsection (2) who no longer has the
licence may, instead of holding records at the notified premises
30 as required by that subsection, relinquish those records to the
Board.
Penalty: $120 000.
page 60
Prostitution Control Bill 2003
Other obligations and offences Part 5
Licensed persons Division 4
s. 113
113. Notice of charge or conviction of indictable offence
(1) A licensed person is required to give to the Board, not later than
7 days after becoming aware of the fact, notice of the fact
that --
5 (a) a police officer has charged the person with an offence
under this Act;
(b) the person has been charged, in this State or elsewhere,
with an indictable offence; or
(c) the person has been convicted, in this State or
10 elsewhere, of an indictable offence.
Penalty: $12 000.
(2) In subsection (1) --
"indictable offence" includes an offence under a law of the
Commonwealth, any other State, or a Territory, that is
15 triable by jury.
114. Board to be notified of certain other matters
(1) A person who has a licence is to give the Board notice in
writing of any matter that would, or knowledge of which would,
prevent the Board from granting the person's licence if the
20 person were then applying for it.
(2) The notice is to be given within 7 days after the licensed person
becomes aware of the matter.
Penalty: $12 000.
115. Breach of condition or restriction
25 A person is required to comply with a condition or restriction
that is, or is to be taken to be, attached to the person's licence.
Penalty: $60 000.
page 61
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 4 Licensed persons
s. 116
116. Licensed brothel operator or prostitution agent strictly
liable for certain matters
(1) A person licensed as a brothel operator or a prostitution agent
commits an offence if any requirement of this section is
5 contravened.
Penalty:
(a) if the requirement contravened is a requirement of
subsection (2) --
(i) if subparagraph (ii) does not apply --
10 imprisonment for 3 years;
(ii) in the case of a first offence arising from a
contravention of the requirement of
subsection (2)(b)(i) -- $24 000;
(b) if the requirement contravened is a requirement of
15 subsection (3) -- $12 000;
(c) if the requirement contravened is a requirement of
subsection (4) -- $6 000.
(2) The requirements of this subsection are that --
(a) at all times when the brothel business or prostitution
20 agency business is being carried on, a person licensed to
act as a prostitution manager for the business act in that
capacity at the business premises; and
(b) at the business premises --
(i) no child be present; and
25 (ii) no person be in possession of a prohibited drug
without a lawful excuse.
(3) The requirements of this subsection are that --
(a) at each entrance to the business premises, a sign
complying with the regulations be conspicuously
30 displayed stating --
(i) that the business involves the provision of
prostitution;
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Prostitution Control Bill 2003
Other obligations and offences Part 5
Licensed persons Division 4
s. 116
(ii) that a person whose age is less than 18 years is
not allowed to enter the premises; and
(iii) anything else that the regulations require the sign
to state;
5 (b) the licence document be displayed prominently at the
business premises, in the case of a brothel in the
reception area;
(c) all reasonable steps be taken to keep conditions at the
business premises at a satisfactory health standard, and
10 to protect the health of persons taking part, whether as
prostitute or client, in acts of prostitution, including
steps to encourage prostitutes to have regular medical
examinations; and
(d) each person licensed as a prostitution manager, and each
15 person who acts as a prostitute, for the brothel business
or prostitution agency business attend any educational
course that the Board requires them under the
regulations to attend.
(4) The requirements of this subsection are that --
20 (a) in connection with the brothel business or prostitution
agency business, each person directly or indirectly under
the control of the person acting as the prostitution
manager comply with this Act, including any regulations
or code of practice published in accordance with
25 regulations under section 208(2)(c);
(b) all reasonable steps be taken to require prostitutes and
clients to use prophylactics whenever their use is
required by this Act; and
(c) no use be made, contrary to this Act, of --
30 (i) the fact that a person has had a medical
examination; or
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Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 4 Licensed persons
s. 117
(ii) the results of a medical examination,
to imply, in connection with any proposed act of
prostitution by that person, that the person does not have
any, or a particular, sexually transmissible infection.
5 117. Records
(1) The records that a person who has a brothel operator's licence
or a prostitution agent's licence is required to maintain under
section 112, include --
(a) particulars of --
10 (i) every person who, whether on a permanent or
full-time basis or not, acts as a prostitute or a
prostitution driver for the brothel business or
prostitution agency business, or works in any
other capacity at the business premises; and
15 (ii) anyone else who has been at the business
premises other than for so long as the person is
there to receive services as, or do business as, a
client;
(b) details of each person's attendance at any educational
20 course as described in section 116(3)(d); and
(c) details of any visit by a police officer or other authorised
person to the premises where the records are held.
(2) Subsection (1) does not limit what records or particulars the
regulations may require to be maintained under section 112.
25 (3) The regulations may require a brothel operator or a prostitution
agent to give the Board periodic returns containing prescribed
information derived from the records.
(4) The regulations may require that returns be given using a
medium and format prescribed by the regulations unless they
30 are given using a medium and format that the Board considers
acceptable, either for returns generally or for the particular
returns concerned.
page 64
Prostitution Control Bill 2003
Other obligations and offences Part 5
Licensed persons Division 4
s. 118
118. Certain duties of prostitution manager
(1) A person who has a prostitution manager's licence is to be at the
business premises of the brothel business or prostitution agency
business for which the person is licensed at all times while the
5 person acts as a prostitution manager.
Penalty: imprisonment for 2 years.
(2) A person who has a prostitution manager's licence is to ensure
that, when the person is acting as a prostitution manager --
(a) all reasonable steps are taken to require prostitutes and
10 clients to use prophylactics whenever their use is
required by this Act;
(b) use is not made, contrary to this Act, of --
(i) the fact that a person has had a medical
examination; or
15 (ii) the results of a medical examination or a
certificate as to those results,
to imply, in connection with any proposed act of
prostitution by that person, that the person does not have
any, or a particular, sexually transmissible infection;
20 (c) the person who has the brothel operator's licence or
prostitution agent's licence for the brothel business or
prostitution agency business is notified without delay if
the prostitution manager becomes aware of a person
who acts as a prostitute for the business having a
25 sexually transmissible infection; and
(d) each person directly or indirectly under the prostitution
manager's control in connection with the brothel
business or prostitution agency business complies with
this Act, including any regulations or code of practice
30 published in accordance with regulations under
section 208(2)(c).
Penalty: $6 000.
page 65
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 4 Licensed persons
s. 119
(3) A person who has a prostitution manager's licence for a
prostitution agency business is to ensure that, at all times when
the person is acting as a prostitution manager, each prostitute
working for the business can immediately contact the person.
5 Penalty: $6 000.
119. Obligation to ensure prostitute has employment contract
(1) A person who has a brothel operator's licence for a brothel is to
ensure that each person who acts as a prostitute at the brothel
does so as an employee under a contract of service entered into
10 with the person who has the brothel operator's licence for the
brothel.
(2) A person who has a prostitution manager's licence for a brothel
is to ensure that, when the person is acting as a prostitution
manager, each person who acts as a prostitute at the brothel
15 does so as an employee under a contract of service entered into
with the person who has the brothel operator's licence for the
brothel.
(3) A person who has a prostitution agent's licence for a
prostitution agency business is to ensure that each person who
20 acts as a prostitute through the business does so as an employee
under a contract of service entered into with the person who has
the prostitution agent's licence for the business.
(4) A person who has a prostitution manager's licence for a
prostitution agency business is to ensure that, when the person is
25 acting as a prostitution manager, each person who acts as a
prostitute through the business does so as an employee under a
contract of service entered into with the person who has the
prostitution agent's licence for the business.
(5) A person to whom subsection (1), (2), (3), or (4) applies must
30 ensure that before a contract of service is entered into, the
identity of the person who is to act as a prostitute is ascertained
and verified in accordance with the regulations.
Penalty: imprisonment for one year.
page 66
Prostitution Control Bill 2003
Other obligations and offences Part 5
Licensed persons Division 4
s. 120
120. Acting as prostitution manager under influence of certain
substances
A person who has a prostitution manager's licence commits an
offence if the person is affected by alcohol or a prohibited drug
5 while the person acts as a prostitution manager.
Penalty: $6 000.
121. Prophylactics to be provided for use
A person having a brothel operator's licence or a prostitution
agent's licence for a business is to supply prophylactics free of
10 charge to any person who requires them for use when
participating in prostitution taking place in the course of that
business.
Penalty: $12 000.
122. Use of prophylactics not to be discouraged
15 A person having a brothel operator's licence, a prostitution
agent's licence, or a prostitution manager's licence is not to do
anything to discourage a prostitute or client from complying
with section 77.
Penalty: $12 000.
20 123. Strict liability for failure to use prophylactics
(1) If a person contravenes section 77 and the act of prostitution
concerned is in the course of a brothel business, the person who
has the brothel operator's licence for the business and each
person who has a prostitution manager's licence for the business
25 commit an offence under this subsection.
Penalty: $12 000.
(2) If a person contravenes section 77 and the act of prostitution
concerned is in the course of a prostitution agency business, the
person who has the prostitution agent's licence for the business
30 and each person who has a prostitution manager's licence for
the business commit an offence under this subsection.
Penalty: $12 000.
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Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 4 Licensed persons
s. 124
(3) A person charged with an offence under subsection (1) or (2)
has a defence if it is proved that --
(a) the contravention of section 77 occurred without the
person's consent or connivance; and
5 (b) the person exercised all due diligence to prevent the
contravention as ought to have been exercised having
regard to the nature of the person's functions and to all
the circumstances.
124. Person with sexually transmissible infection not to be
10 allowed to act as prostitute
(1) A person who has a brothel operator's licence, a prostitution
agent's licence, or a prostitution manager's licence for a
business (the "licensed person") commits an offence if the
licensed person allows a person to act as a prostitute for the
15 business who the licensed person knows, or could reasonably be
expected to know, has a sexually transmissible infection.
Penalty: imprisonment for 2 years.
(2) The offence under subsection (1) is only capable of being
committed by a person as the holder of a prostitution manager's
20 licence while the person is acting as a prostitution manager.
(3) A person charged with an offence under subsection (1) 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
25 person who the person charged knows, or could reasonably be
expected to know, has a sexually transmissible infection from
acting as a prostitute for the business.
125. Board to be notified of certain other matters
(1) A person who has a brothel operator's licence or a prostitution
30 agent's licence is to give the Board notice in writing of any
notifiable matter within 7 days after becoming aware of the
matter.
Penalty: $12 000.
page 68
Prostitution Control Bill 2003
Other obligations and offences Part 5
Licensed persons Division 4
s. 126
(2) In subsection (1) --
"notifiable matter" means --
(a) a change in who has an estate or interest in the land
on which the business premises are situated;
5 (b) a change in the rent payable for the business
premises, if they are rented;
(c) a charge of the commission of an indictable offence
being made against --
(i) the person who has the licence;
10 (ii) if the licence is on behalf of a partnership or
body corporate, any partner, the body
corporate, or any managerial officer of the
body corporate;
(iii) a person who acts as a prostitute or as a
15 prostitution driver for the business concerned;
or
(iv) a person who has a prostitution manager's
licence for the business concerned;
(d) a person, not already a managerial officer of the body
20 corporate, becoming a shareholder or in any other
way becoming a managerial officer of a body
corporate on behalf of which the licence is held; or
(e) a person who acts as a prostitute for the business
concerned having a notifiable sexually transmissible
25 infection.
126. No business to be given to self-employed sole prostitute
A person who has a brothel operator's licence, prostitution
agent's licence, or prostitution manager's licence is not to
directly or indirectly direct or refer a potential client to a
30 self-employed sole prostitute.
Penalty: imprisonment for 2 years.
page 69
Prostitution Control Bill 2003
Part 5 Other obligations and offences
Division 4 Licensed persons
s. 127
127. Certain persons not to be allowed to act as prostitution
drivers
A person having a prostitution agent's licence or a prostitution
manager's licence is not to allow another person to act as a
5 prostitution driver if the prospective prostitution driver --
(a) has been declared under the Misuse of Drugs Act 1981
section 32A to be a drug trafficker; or
(b) has been found guilty of an offence described in
Schedule 2.
10 Penalty: $6 000.
page 70
Prostitution Control Bill 2003
Supervisory provisions Part 6
Board's supervisory functions Division 1
s. 128
Part 6 -- Supervisory provisions
Division 1 -- Board's supervisory functions
128. Board to keep records about certain people
(1) The Board is required to keep a record that includes
5 details of --
(a) anyone who has applied for a licence, whether or not a
licence was granted;
(b) anyone who has, or has had, a licence; and
(c) anyone else who has been found by a court to have acted
10 as a prostitute.
(2) The Board may amend the details entered in the record to
correct any entry that was incorrectly made or to add new
details, but it is not to remove an entry that was correctly made
unless the entry is removed under subsection (3).
15 (3) The Board may, if requested in writing to do so, remove the
records of a person having applied for or held a licence if a
period of at least 7 years has passed since the person last held
the licence or, if the application did not result in the grant of a
licence, since the application was disposed of.
20 129. Board may monitor compliance
(1) The Board may, to assist it to perform its functions under this
Act, monitor the activities of persons it reasonably suspects may
be involved in prostitution or related activities, and may
investigate any alleged or suspected contravention of this Act or
25 anything else that is relevant to the performance of its functions
under this Act.
(2) The Board's functions under this section are not confined to
cases in which an allegation has been made under section 131 or
a matter has been brought to the Board's attention under
30 section 132.
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Prostitution Control Bill 2003
Part 6 Supervisory provisions
Division 1 Board's supervisory functions
s. 130
130. Medical examination
(1) The Board may, if it reasonably suspects that a person is acting
as a prostitute and may have a sexually transmissible infection,
order the person to undergo, within the time specified by the
5 Board or periodically as specified by the Board, an examination
by a medical practitioner nominated by the Board.
(2) Payment for a medical examination that the Board orders a
person to undergo is the responsibility of the Board.
(3) The Board may, at the request of the person who is the subject
10 of the order or of its own volition, vary or revoke the order.
(4) A medical practitioner who carries out the examination is to
provide a copy of the report of the examination to the person
examined and to the Board.
131. Allegations
15 (1) A person may allege to the Board that another person is doing
or has done anything as a result of which the Board should take
action under this Act.
(2) The allegation may be about anything related to prostitution and
need not relate to a contravention of this Act or any other law.
20 (3) In subsection (1) a reference to doing anything includes a
reference to failing to do anything.
132. Minister may refer matters to the Board
(1) The Minister may bring to the Board's attention any matter that
may affect the performance of any of the Board's functions
25 under this Act, and may make any recommendation considered
appropriate in respect of the matter.
(2) The Board does not have to act on any matter or
recommendation it receives under subsection (1) and the
Minister cannot direct it to do so.
page 72
Prostitution Control Bill 2003
Supervisory provisions Part 6
Board's supervisory functions Division 1
s. 133
133. Legal proceedings and other action relating to suspected
offences
If the Board has reason to believe that a person has committed
an offence under any law it may --
5 (a) if the offence was under this Act, cause proceedings,
other than proceedings on indictment, to be taken for the
offence; or
(b) in any other case, refer the matter to any person who, it
appears, could more appropriately deal with the matter.
10 134. Injunctions
(1) The Board may apply to the Supreme Court or the District Court
for an injunction to prevent a person from engaging in illegal
conduct.
(2) In subsection (1) --
15 "engaging in illegal conduct" means --
(a) doing anything that would constitute a contravention
of, or involvement in a contravention of, this Act; or
(b) failing to do anything the failure to do which would
constitute a contravention of, or involvement in a
20 contravention of, this Act.
(3) In subsection (2) --
"involvement in a contravention" means --
(a) aiding, abetting, counselling, or procuring the
contravention;
25 (b) inducing the contravention, whether by threats or
promises or otherwise;
(c) being in any way, directly or indirectly, knowingly
concerned in, or party to, the contravention;
(d) conspiring with others to effect the contravention; or
30 (e) attempting to do anything constituting involvement in
a contravention under paragraph (a), (b), (c), or (d).
page 73
Prostitution Control Bill 2003
Part 6 Supervisory provisions
Division 1 Board's supervisory functions
s. 135
(4) If the Board satisfies the court that it would be appropriate to
grant the injunction, it is not necessary for the Board to prove
that the act or failure sought to be prevented by the injunction
has previously occurred or would, if the injunction were not
5 granted, be likely to occur or continue.
(5) An interim injunction may be granted before final determination
of an application under subsection (1).
(6) The court is not to require, as a condition of granting an interim
injunction, that an undertaking be given as to damages or costs.
10 (7) The taking of proceedings against any person for an offence
under this Act is not affected by --
(a) the making of an application under subsection (1) for an
injunction;
(b) the grant or refusal of an injunction upon an application
15 under subsection (1); or
(c) the rescission, variation, or expiry of an injunction
granted upon an application under subsection (1).
135. Interim order
(1) Despite anything else that may be being done under this Part,
20 the Board may give to a person who has a licence an order in
writing under this section.
(2) The order may --
(a) prohibit the person from doing anything specified in the
order in the course of a prescribed activity;
25 (b) impose conditions or restrictions specified in the order
on the doing of anything by the person in the course of a
prescribed activity.
(3) In subsection (2) --
"prescribed activity" means anything that it would be an
30 offence under this Act for the person to do if the person had
no licence, but that the person could, if not precluded by an
page 74
Prostitution Control Bill 2003
Supervisory provisions Part 6
Board's supervisory functions Division 1
s. 136
order under this section, do without committing an offence
under this Act.
(4) The order is to specify the period during which it is to have
effect, being a period ending not more than 30 days after the
5 order is given.
(5) The Board may, by another order in writing given to the person,
revoke or vary the order at any time before it ceases to have
effect, but the period for which the first order is expressed to
have effect cannot be varied.
10 136. Delegation of power to make interim order
(1) The Board cannot delegate a function it has under section 135
except to the chairman.
(2) Schedule 1 clauses 5 and 6 extend to a function under
section 135 the performance of which has been delegated to the
15 chairman as if it were a function of the chairman.
137. Investigator for particular matter
(1) If the Board decides that a person who is a member of staff
should investigate a particular matter and report to the Board on
it, the Board is to issue to the person a certificate identifying the
20 person and specifying the matter to be investigated.
(2) The investigator is to investigate the matter and, within such
period as the Board requires, provide the Board with a report on
the matter.
(3) The capacity of a person as an investigator terminates when the
25 person reports to the Board on the matter unless the Board, in
writing given to the person, terminates the person's capacity as
an investigator sooner.
(4) As soon as a person's capacity as an investigator terminates, the
person is to return the certificate to the Board.
page 75
Prostitution Control Bill 2003
Part 6 Supervisory provisions
Division 2 Some powers of authorised persons
s. 138
138. Authorised persons other than police officers and
investigators
(1) If the Board decides that a person who is a member of staff
should have all or any of the functions of an authorised person,
5 the Board is to issue to the person a certificate identifying the
person and specifying which functions the person is to have.
(2) A person who is an authorised person under this section is to
report to the Board on the performance of any of the person's
functions as the Board may require.
10 (3) The Board may, in writing given to the person --
(a) vary the functions that the person is to have as an
authorised person and issue to the person a new
certificate specifying the functions as varied; or
(b) terminate the person's capacity as an authorised person
15 under this section.
(4) A person whose capacity as an authorised person under this
section is terminated is to return the person's certificate to the
Board, and a person who is issued with a new certificate
because the person's functions have been varied is to return the
20 person's old certificate to the Board.
Division 2 -- Some powers of authorised persons
139. Which powers an authorised person has
(1) A police officer has, for the purpose of performing any function
under this Act or any other function in respect of an offence
25 under this Act, all of the powers of an authorised person under
this Division.
(2) An investigator has, for the purposes of investigating the matter
specified in the investigator's certificate, all of the powers of an
authorised person under this Division except to the extent that
30 the certificate excludes any of those powers.
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Some powers of authorised persons Division 2
s. 140
(3) An authorised person other than a police officer or an
investigator has, for the purpose of assisting the Board to
perform its functions under section 129, any of the powers
described in this Division that are specified in the certificate
5 issued by the Board identifying the person as an authorised
person.
(4) An authorised person other than a police officer is to produce
his or her certificate if requested to do so by a person in respect
of whom the authorised person has exercised, or is about to
10 exercise, a power under section 140.
140. Powers an authorised person may have
(1) An authorised person may --
(a) require a person to produce to the authorised person any
document or other thing that is in the possession or
15 under the control of the person;
(b) inspect any document or other thing produced to the
authorised person and retain it for such reasonable
period as the authorised person thinks fit, and make
copies of a document or any of its contents;
20 (c) require a person --
(i) to give the authorised person such information as
the authorised person requires; and
(ii) to answer any question put to that person;
and
25 (d) exercise other powers conferred on the authorised
person by this Act or the regulations.
(2) A requirement made under subsection (1)(a) --
(a) is to be made in writing given to the person required to
produce the document or other thing;
30 (b) is to specify the time at or within which the document or
other thing is to be produced;
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s. 141
(c) may, by its terms, require that the document or other
thing required be produced at a place and by means
specified in the requirement; and
(d) where the document required is not in a readable format,
5 is to be treated as a requirement to produce --
(i) the document itself; and
(ii) the contents of the document in a readable
format.
(3) A requirement made under subsection (1)(c) --
10 (a) may be made orally or in writing served on the person
required to give information or answer a question, as the
case may be;
(b) is to specify the time at or within which the information
is to be given or the question is to be answered, as the
15 case may be; and
(c) may, by its terms, require that the information or answer
required --
(i) be given orally or in writing;
(ii) be given at or sent or delivered to a place
20 specified in the requirement;
(iii) in the case of written information or answers, be
sent or delivered by means specified in the
requirement;
(iv) be verified by statutory declaration.
25 (4) If under subsection (1)(c) the authorised person requires a
person to give information or answer a question, the authorised
person is to inform the person that the person is required under
this Act to give the information or answer the question.
141. Warrant to enter premises
30 (1) If the Board determines in a particular case that an authorised
person other than a police officer has reasonable grounds for
believing that entry to premises is necessary, the authorised
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s. 142
person may apply to a justice for a warrant to be issued under
section 142.
(2) An application is to be in writing, setting out the grounds for
seeking the warrant and describing the premises to which entry
5 is sought.
(3) The application is to be accompanied by a statement in writing
from the Board to the effect that it has determined in the
particular case that the authorised person has reasonable
grounds for believing that entry to the premises is necessary.
10 (4) The information in an application or given to a justice under this
section is to be verified before the justice on oath or affirmation
or by affidavit, and the justice may for that purpose administer
an oath or affirmation or take an affidavit.
142. Issue of warrant
15 (1) A justice to whom an application is made under section 141
may issue a warrant if satisfied that there are reasonable
grounds for believing that entry to the premises is necessary.
(2) The warrant authorises the authorised person named in it, either
alone or together with anyone else named or described in the
20 warrant, or a police officer to enter and inspect the premises
described in the warrant and inspect the place and any articles
and records kept there and there exercise any of the powers
described in section 140.
(3) The warrant is to state the purpose for which it is issued.
25 (4) A justice who issues a warrant is to cause a record to be made of
particulars of the grounds that the justice has relied on to justify
the issue of the warrant.
143. Warrant may be obtained remotely
(1) An application for a warrant may be initially submitted by
30 remote communication if the applicant considers it necessary
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s. 143
because of urgent circumstances or the applicant's remote
location.
(2) Before submitting an application under this section, the
applicant is to prepare the written application required by
5 section 141(2) and have the Board's written statement required
by section 141(3).
(3) If an application is submitted under this section, the verification
required by section 141(4) is to be by an affidavit taken by
anyone who is authorised by law to take an affidavit, and, if it is
10 necessary to do so, the application may be submitted before the
affidavit has been sworn.
(4) When issuing a warrant upon an application submitted under
this section, the justice is to --
(a) complete and sign the warrant;
15 (b) inform the applicant of the terms of the warrant and the
date on which and the time at which it was signed;
(c) record on the warrant the reasons for issuing the
warrant; and
(d) send a copy of the warrant to the applicant and the
20 Board.
(5) If a warrant is issued upon an application submitted under this
section, the applicant may complete a form of warrant in the
terms indicated by the justice under subsection (4)(b) if the
applicant writes on it the name of the justice who issued the
25 warrant and the date on which, and the time at which, it was
signed.
(6) If the applicant completes a form of warrant in accordance with
subsection (5), the applicant is to send to the justice who signed
the warrant, not later than the day next following the day on
30 which the warrant ceases to have effect, the form of warrant
completed by the person and the affidavit sworn in connection
with the warrant.
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Formal inquiry Division 3
s. 144
(7) On receiving the documents referred to in subsection (6), the
justice is to attach them to the warrant signed by the justice and
deal with the documents in the manner in which the justice
would have dealt with the affidavit if the application for the
5 warrant had not been submitted under this section.
(8) A form of warrant completed in accordance with subsection (5)
is to be regarded as the warrant itself.
144. Execution of warrant
(1) If asked by the occupier or a person in charge of the premises,
10 the person executing a warrant is to produce it for inspection.
(2) A warrant ceases to have effect --
(a) at the end of the period of one month after its issue;
(b) if it is withdrawn by the justice who issued it; or
(c) when it is executed,
15 whichever occurs first.
Division 3 -- Formal inquiry
145. Board may hold formal inquiry
The Board may, to assist it to perform its functions under this
Act, hold a formal inquiry into a matter.
20 146. Hearings generally not to be public
(1) A formal inquiry is not to be held in public except as stated in
this section.
(2) The Board may determine in a particular case, or as to particular
aspects of a particular matter --
25 (a) that its proceedings are to be conducted in public; and
(b) who may be present before the Board besides persons or
their advisers required or authorised by this Act to be
present.
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Part 6 Supervisory provisions
Division 3 Formal inquiry
s. 147
147. Representation of persons involved
(1) A person appearing before the Board in a formal inquiry may --
(a) appear personally or, in the case of a body corporate, be
represented by a director or member of the body
5 corporate; or
(b) if the presiding member of the Board approves, be
represented by a legal practitioner or other
representative.
(2) A person who is not a legal practitioner is not entitled to make a
10 charge for representing a person before the Board, but may be
reimbursed for out of pocket expenses.
148. Procedure
(1) In proceedings in a formal inquiry the Board --
(a) is to proceed with as little formality and technicality and
15 as speedily as the circumstances permit;
(b) is not bound by the rules of evidence but may inform
itself in any manner it considers just;
(c) may, upon its own motion or upon the application of any
party, adjourn the proceedings on such terms and
20 conditions as it thinks fit or, if it considers that a matter
should not be dealt with by way of formal inquiry,
decline to continue a formal inquiry; and
(d) subject to this Act, may determine its own procedure.
(2) The Board may conduct proceedings by means of telephone or
25 video conferencing or any other similar means.
(3) Regulations may be made as to the procedures to be followed in
proceedings in a formal inquiry.
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Formal inquiry Division 3
s. 149
149. Powers on formal inquiry
(1) For the purposes of conducting a formal inquiry the Board
may --
(a) by notice signed by the registrar and given to the witness
5 require the attendance of a witness at a time and place
specified in the notice;
(b) by notice signed by the registrar and given to a person
require the person to produce any document or other
thing that is in the possession or under the control of the
10 person and is relevant to the matter before the Board;
and
(c) examine witnesses on oath or affirmation.
(2) If the person to whom the notice is to be given has a licence, the
notice is sufficiently given if it is sent by prepaid registered
15 letter to the person's contact address.
(3) The presiding member of the Board may --
(a) require a person who appears to take an oath or make an
affirmation; and
(b) administer an oath or affirmation to the person.
20 (4) The Board may inspect a document or other thing produced and
retain it for such reasonable period as it thinks fit, and make
copies of the document or any of its contents.
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Prostitution Control Bill 2003
Part 7 Planning controls
s. 150
Part 7 -- Planning controls
150. Meaning of "planning scheme" in this Part
In this Part, unless the contrary intention appears --
"planning scheme" means a planning scheme under a written
5 law including --
(a) a town planning scheme under the Town Planning
and Development Act 1928;
(b) a redevelopment scheme under --
(i) the Armadale Redevelopment Act 2001;
10 (ii) the East Perth Redevelopment Act 1991;
(iii) the Midland Redevelopment Act 1999; or
(iv) the Subiaco Redevelopment Act 1994;
and
(c) a master plan under the Hope Valley-Wattleup
15 Redevelopment Act 2000.
151. Existing planning schemes varied
(1) Each existing planning scheme --
(a) is to be read, and has effect, as if the clause set out in
Schedule 3 were part of the planning scheme; and
20 (b) is to be implemented accordingly.
(2) If a clause of an existing planning scheme is inconsistent with
the clause set out in Schedule 3, the clause set out in Schedule 3
prevails to the extent of the inconsistency.
(3) In this section --
25 "existing planning scheme" means a planning scheme in force
on the day on which this Part comes into operation.
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s. 152
152. Prostitution control under planning schemes
(1) Before making or amending a planning scheme after the coming
into operation of this Part it is to be ensured that the planning
scheme will provide for the use of land for the purpose of
5 prostitution in a manner that gives effect to, and is consistent
with, the clause set out in Schedule 3.
(2) Nothing in this section is to be construed as precluding or
restricting the making or amending of a provision relating to
prostitution if to do so would not be inconsistent with the clause
10 set out in Schedule 3.
153. Public release day for certain planning concessions
The Minister, by order published in the Gazette, is to specify as
the public release day for the purposes of the clause set out in
Schedule 3 the day on which the Minister made available to the
15 public a proposed Bill for an Act to regulate and control
prostitution, to establish a board with licensing and other
functions relating to prostitution, to repeal the Prostitution
Act 2000 and amend certain other Acts, and for related
purposes.
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Part 8 Provisions for police
s. 154
Part 8 -- Provisions for police
154. Meanings of certain terms used in this Part
(1) In this Part --
"Commissioner" means the Commissioner of Police;
5 "conveyance" means anything used or capable of being used to
transport people or goods by air, land, or water, and it does
not matter how it is propelled or that it may ordinarily be
stationary;
"juvenile justice team" means a juvenile justice team under the
10 Young Offenders Act 1994 Part 5 Division 2;
"offence" means an offence under this Act.
(2) For the purposes of this Part a person is lawfully entitled to
possess something if --
(a) the person owns it or is authorised by the owner to
15 possess it; and
(b) the possession is not prohibited by law or is authorised,
justified, or excused by law.
155. Police may direct person to move on
A police officer who reasonably suspects that a person has
20 committed, or intends to commit, an offence in or in the view or
within the hearing of a public place may, in writing in a form
approved by the Commissioner, direct the person to move away
from that place and a surrounding area specified in the direction,
and stay away from it for a period of not more than 24 hours
25 specified in the direction.
156. Detention, search, and seizure without warrant
(1) A police officer may without a warrant stop, detain, and search
anyone whom the police officer reasonably suspects to be --
(a) committing an offence; or
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s. 157
(b) carrying anything that will afford evidence as to the
commission of an offence.
(2) A police officer may without a warrant stop, detain, and search
any conveyance where the police officer reasonably suspects that
5 there is --
(a) anyone who is committing an offence; or
(b) anything that will afford evidence as to the commission
of an offence.
(3) The power to stop and detain a conveyance includes the power
10 to detain anyone in or on the conveyance for as long as is
reasonably necessary to search the conveyance even though,
until the conveyance has been searched, the person may not be
suspected of anything because of which the person can be
detained under subsection (1).
15 (4) A police officer may without a warrant seize anything that the
police officer reasonably suspects will afford evidence as to the
commission of an offence.
157. Entry of, and seizure at, place of business without warrant
(1) A police officer may, without a warrant, at any time, enter a
20 place that is being, or that the police officer reasonably suspects
is being, used as a brothel for which no person has a brothel
operator's licence or as a prostitution agency office for which
no person has a prostitution agent's licence if the police officer
has the approval of a senior police officer under section 158.
25 (2) A police officer may, without a warrant, at any time, enter
premises used as a brothel under a brothel operator's licence or
premises used as a prostitution agency office under a
prostitution agent's licence if the police officer --
(a) reasonably suspects that --
30 (i) an offence involving a child or incapable person
has been, is being or is about to be, committed at
the place; or
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s. 158
(ii) an offence under section 74 has been, is being or
is about to be, committed at the place;
and
(b) has the approval of a senior police officer under
5 section 158.
(3) A police officer who has entered a place under subsection (1) or
(2) may --
(a) search the place;
(b) inspect any articles and records kept there;
10 (c) stop, detain, and search anyone at the place; and
(d) seize anything that the police officer reasonably suspects
will afford evidence as to the commission of an offence.
(4) A police officer may use any force that is reasonably necessary
in exercising powers given by subsections (1), (2) and (3).
15 158. Approvals for entering places without warrant
(1) An application for an approval under section 157(1) or (2) must
be made to another officer who is a senior officer and not
involved in the investigation of the offence to which the
proposed entry relates.
20 (2) The application may be made orally in person or by remote
communication.
(3) The application must --
(a) name the place to which it relates, and if known the
suspect to whom it relates;
25 (b) state the offence that is suspected as having been, being,
or about to be, committed at the place; and
(c) state the grounds on which the applicant suspects that
the offence has been, is being, or is about to be,
committed at the place.
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s. 159
(4) On an application under subsection (1) a senior officer may
approve the entry, without a warrant, at any time, of the place
that is the subject of the application.
(5) A senior officer must not give approval unless he or she is
5 satisfied that in respect of the matters in subsection (3) about
which the applicant is required to have a suspicion, there are
reasonable grounds for the applicant to have that suspicion.
(6) As soon as practicable after giving approval a senior officer
must make a record of --
10 (a) the date and time when it was given; and
(b) the reasons for giving it.
(7) An approval may be by remote communication.
159. Search and seizure with warrant
(1) If a justice is satisfied that there are reasonable grounds for
15 suspecting that there is in a place anything that will afford
evidence as to the commission of an offence, the justice may
grant a warrant of search and seizure in relation to that place.
(2) A warrant under subsection (1) authorises any police officer at
any time, with such assistance as the police officer thinks
20 necessary and with such force as is reasonably necessary --
(a) to enter the place at any time;
(b) to search the place;
(c) to stop, detain, and search anyone at the place; and
(d) to seize anything that the police officer reasonably
25 suspects will afford evidence as to the commission of an
offence.
(3) The authority given by a warrant lapses at the end of a period of
30 days after it was granted and, until it lapses or the purpose
for which it was given is satisfied, the authority it gives may be
30 exercised from time to time unless the warrant expressly limits
that authority.
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160. Warrant may be obtained remotely
(1) An application for a warrant under section 159 may be initially
submitted by remote communication if the applicant considers it
necessary because of urgent circumstances or the applicant's
5 remote location.
(2) Before submitting an application under this section, the
applicant is to prepare a written application setting out the
grounds for seeking the warrant and describing the place to
which the warrant relates.
10 (3) If an application is submitted under this section, the information
in the written application required by subsection (2) is to be
verified by affidavit and, if it is necessary to do so, the
application may be submitted before the affidavit has been
sworn.
15 (4) When issuing a warrant upon an application submitted under
this section, the justice is to --
(a) complete and sign the warrant;
(b) inform the applicant of the terms of the warrant and the
date on which and the time at which it was signed;
20 (c) record on the warrant the reasons for issuing the
warrant; and
(d) send a copy of the warrant to the applicant.
(5) If a warrant is issued upon an application submitted under this
section, the applicant may complete a form of warrant in the
25 terms indicated by the justice under subsection (4)(b) if the
applicant writes on it the name of the justice who issued the
warrant and the date on which, and the time at which, it was
signed.
(6) If the applicant completes a form of warrant in accordance with
30 subsection (5), the applicant is to send to the justice who signed
the warrant, not later than the day next following the day on
which the warrant ceases to have effect, the form of warrant
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s. 161
completed by the person and the affidavit sworn in connection
with the warrant.
(7) On receiving the documents referred to in subsection (6), the
justice is to attach them to the warrant signed by the justice and
5 deal with the documents in the manner in which the justice
would have dealt with the affidavit if the application for the
warrant had not been submitted under this section.
(8) A form of warrant completed in accordance with subsection (5)
is to be regarded as the warrant itself.
10 161. Provisions about searching a person
(1) A police officer cannot carry out a search of a person under this
Part unless of the same sex as the person searched.
(2) If a police officer of the same sex as the person to be searched is
not immediately available to carry out the search, another police
15 officer may --
(a) cause the search to be carried out, under the direction of
a police officer, by another person of the same sex as the
person to be searched;
(b) detain the person for as long as is reasonably necessary
20 for the person to be searched in accordance with this
section; or
(c) convey or conduct the person to a place where the
person can be searched in accordance with this section.
(3) Nothing in this Part authorises a search by way of an
25 examination of the body cavities of a person.
(4) A police officer may use any force that is reasonably necessary,
and may call on any assistance necessary, in order to perform a
function under this section.
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Part 8 Provisions for police
s. 162
162. Retaining something seized but not forfeited
(1) This section applies to anything seized under this Act that --
(a) is not forfeited to the Crown; and
(b) a court has not ordered to be delivered to a person under
5 section 163(1)(b) or 164(6).
(2) A police officer may retain anything to which this section applies
if --
(a) it is required --
(i) for the investigation of an offence or the
10 prosecution of someone for an offence; or
(ii) for the purposes of a matter that is being dealt
with by a juvenile justice team;
or
(b) no person has satisfied the Commissioner that the person
15 is lawfully entitled to possess it.
(3) Anything to which this section applies that cannot be retained
under subsection (2) is to be returned to the person from whom it
was seized.
163. Forfeiture and delivery on conviction
20 (1) A court convicting a person of an offence may order that --
(a) anything relating to the offence, whether or not it has
been seized and retained by a police officer under this
Act, is forfeited to the Crown;
(b) anything relating to the offence that has been seized and
25 retained by a police officer under this Act be delivered to
another person who is lawfully entitled to possess it.
(2) A person claiming to be lawfully entitled to possess anything in
respect of which an order may be made under subsection (1)(b)
may, in connection with the making of an order --
30 (a) be heard in the proceedings for the offence;
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s. 164
(b) make an application under the Justices Act 1902
section 136A as if the person were a party to the
proceedings for the offence; and
(c) be an aggrieved person for the purposes of the Justices
5 Act 1902 section 185.
164. Forfeiture and delivery other than on conviction
(1) A person claiming to be lawfully entitled to possess anything
seized and retained under this Act may, if the application is not
prevented by subsection (2) and the last day for applying has not
10 passed, apply to a court of summary jurisdiction for an order that
the thing be delivered to the person.
(2) An application cannot be made under subsection (1) for an order
for the delivery of anything if --
(a) an order has been made under section 163(1) for its
15 forfeiture or delivery;
(b) a relevant juvenile justice team matter that has
commenced has not been finally disposed of by the team;
or
(c) a relevant charge that has been laid has not been
20 withdrawn or heard and determined.
(3) In subsection (2) --
"relevant charge" means a charge of an offence to which the
thing that was seized relates;
"relevant juvenile justice team matter" means a matter to
25 which the thing that was seized relates that is or was being
dealt with by a juvenile justice team.
(4) The last day for applying for an order under subsection (1) is the
21st day after the day on which the thing was seized unless the
last day for applying is postponed by subsection (5).
30 (5) If, for any part of the time when an application could otherwise
be made in accordance with subsection (4), the making of the
application is prevented by subsection (2)(b) or (c), the last day
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s. 165
for applying (whether under subsection (4) or as postponed by
this subsection) is postponed until the 21st day after the day on
which the making of the application ceases to be prevented by
subsection (2)(b) or (c).
5 (6) A court hearing an application under subsection (1) may order
that the thing seized be delivered to the person making the
application if the court is satisfied on the balance of probabilities
that the person is lawfully entitled to possess it.
(7) The court may adjourn the application if it is satisfied that the
10 thing seized should, for the time being, continue to be retained
because it is required for a reason described in
section 162(2)(a).
(8) If the last day for applying under subsection (1) for an order for
the delivery of a thing has passed and either no application has
15 been made or each application made has been dealt with without
ordering that the thing be delivered to a person, that thing is
forfeited to the Crown.
165. Disposal of thing forfeited
(1) If anything is forfeited to the Crown under this Act, the
20 Commissioner may direct that it be sold, destroyed, or otherwise
disposed of, as the Commissioner thinks fit, unless subsection (2)
prevents the Commissioner from giving the direction.
(2) If anything is forfeited to the Crown --
(a) by an order under section 163(1)(a); or
25 (b) after an order dismissing an application under
section 164(1),
the Commissioner is not to give a direction under subsection (1)
before the expiration of the time allowed for instituting an appeal
against the order or, if an appeal is lodged within that time, before
30 the determination of the appeal.
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s. 166
166. Embargo notices
The Police Act 1892 sections 90B, other than subsection (1),
and 90C apply as if --
(a) the reference in section 90B(2) to seizure under Part VI
5 of that Act included a reference to seizure under this
Part; and
(b) when those provisions apply as modified by
paragraph (a) --
(i) each reference in them to proceedings under that
10 Act were a reference to proceedings under this
Act; and
(ii) each reference in them to forfeiture under that
Act were a reference to forfeiture under this Part.
167. Undercover officers
15 (1) The Commissioner may, in writing, authorise a police officer to
act as an undercover officer and may in writing revoke that
authority.
(2) Before authorising a police officer to act as an undercover
officer the Commissioner is to ensure that the police officer is a
20 suitable person to have the functions of, and the immunity given
to, an undercover officer.
(3) The identity or purpose of an undercover officer may, for the
time being, be concealed or misrepresented for the purpose of
detecting the commission of an offence.
25 (4) An undercover officer may do anything specified in the
authorisation given by the Commissioner for the purpose of
detecting the commission of an offence.
(5) If an undercover officer does anything as described in
subsection (4) --
30 (a) the undercover officer does not commit an offence and
is not liable as a party to an offence committed by
another person; and
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(b) the undercover officer's evidence in any proceedings
against another person for an offence in connection with
which the undercover officer did anything as described
in subsection (4) is not the evidence of an accomplice.
5 (6) The Minister may, at any time, require the Commissioner to
give the Minister a written report on matters specified by the
Minister in relation to undercover officers.
(7) The Commissioner is required as soon as practicable after the
end of each financial year, to give the Minister a written report
10 on the operations of undercover officers.
(8) The Minister is to cause each report given to the Minister under
subsection (7) to be laid before each House of Parliament within
14 sitting days of that House after it is received from the
Commissioner.
15 (9) The Minister may cause to be deleted from a copy of a report
that is to be laid before a House of Parliament under
subsection (8) a matter that, if made public --
(a) might prejudice --
(i) the safety of a person;
20 (ii) the effectiveness of investigation or prosecution
of a person for an offence under this Act; or
(iii) the proper administration of this Act;
or
(b) might reveal the identity of a police officer acting as an
25 undercover officer under section 167.
(10) A copy of a report from which any matter has been deleted
under subsection (9) must contain a statement, at the place in
the document where the matter was deleted, detailing the
reasons for the deletion.
30 (11) In this section --
"Minister" means the Minister responsible for the
administration of the Police Act 1892;
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Prostitution Control Bill 2003
Provisions for police Part 8
s. 168
"undercover officer" means a police officer acting as an
undercover officer under this section.
168. Police may retain records for certain purposes
(1) If any record kept for the purposes of section 112 is produced
5 for inspection under section 86 a police officer may retain the
record for the purpose of making copies or notes of some or all
of the record.
(2) If a record is retained under this section a receipt is to be issued
to the person from whom the record was taken as soon as is
10 practicable.
169. Commissioner may delegate a function
(1) The Commissioner may delegate a function conferred on the
Commissioner under this Part other than a function given by
section 167(7).
15 (2) A function conferred on the Commissioner under section 167(1)
can only be delegated to a police officer who has the rank of
Assistant Commissioner or a higher rank.
(3) The delegation must be in writing executed by the
Commissioner.
20 (4) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(5) 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 delegation unless the
25 contrary is shown.
(6) Nothing in this section limits the ability of the Commissioner to
perform a function through an officer or agent.
page 97
Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 1 Evidence
s. 170
Part 9 -- Miscellaneous provisions
Division 1 -- Evidence
170. Averments to do with the advertisement of prostitution
If, when bringing proceedings for an offence under this Act, the
5 person bringing the proceedings avers that a particular thing
directly or indirectly promoted or publicised prostitution, the
matter averred is to be taken to have been proved unless the
contrary is proved.
171. Absence of lawful excuse to be presumed
10 (1) In proceedings for an offence under section 83, the person
charged with possessing the document is to be presumed to have
had no lawful excuse unless the contrary is proved.
(2) In proceedings for an offence under section 84, the person
charged with wilfully destroying, mutilating, defacing, or
15 altering a licence document is to be presumed to have had no
lawful excuse unless the contrary is proved.
(3) In proceedings for an offence under section 86(4), the person
charged with refusing or failing to comply with the requirement
is to be presumed to have had no lawful excuse unless the
20 contrary is proved.
172. Good faith to be presumed in certain cases
For the purposes of section 201(1) it is to be presumed that a
communication or publication referred to in that subsection was
made in good faith unless the contrary is proved.
25 173. Accused presumed to know if person is a child
If, in proceedings for an offence under this Act, it is relevant
whether or not a person was a child, it is to be conclusively
presumed that the accused knew that the person was a child
unless it is proved that, having taken all reasonable steps to find
page 98
Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Evidence Division 1
s. 174
out the age of the person concerned, the accused believed on
reasonable grounds, at the time the offence is alleged to have
been committed, that the age of the person concerned was at
least 18 years.
5 174. Person residing with prostitute who is a child or incapable
person presumed to receive payment
If in a proceeding for an offence under section 69(1) it is proved
that, at the time of the offence, the accused was residing with a
prostitute who was a child or an incapable person, the accused is
10 presumed to be guilty of the offence unless the contrary is
proved.
175. Accused prostitution manager presumed to have allowed
presence of child
If, in proceedings for an offence under section 73, it is proved
15 that a child was at a brothel or a prostitution agency office at a
particular time and the accused was, at that time, acting as the
prostitution manager for the business premises, the accused is
conclusively presumed to have allowed the child to enter or
remain at the premises unless it is proved that the accused did
20 not know, and could not reasonably have known, that a child
was at the premises at that time.
176. Intention presumed in some cases
(1) A person loitering in or frequenting a place in circumstances
giving reasonable grounds for suspecting that the person had an
25 intention described in section 64(4)(b) or 65(4)(b) is to be
presumed to have had that intention unless the contrary is
proved.
(2) A person doing anything in circumstances giving reasonable
grounds for suspecting that the person had an intention
30 described in section 68(2) is to be presumed to have had that
intention unless the contrary is proved.
page 99
Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 1 Evidence
s. 177
177. Possession of prophylactics not evidence of offence
(1) In proceedings for an offence under this Act, evidence relating
to a person's possession of a prophylactic is not evidence of that
person, or any other person, being involved in prostitution.
5 (2) In subsection (1) --
"being involved in prostitution" includes --
(a) taking part in, or seeking or intending to take part in,
an act of prostitution;
(b) inviting or otherwise seeking another person to take
10 part in an act of prostitution; and
(c) being involved in any business through which
prostitution is provided.
178. Permission to use licence document presumed in some cases
If a person (the "defendant") permits the person's licence
15 document to be in the possession of another person and that
other person uses it, the defendant is to be presumed, in
proceedings for an offence under section 111, to have permitted
that other person to use it unless the contrary is proved.
179. Presumption of knowledge of sexually transmissible
20 infection
(1) If a person acted as a prostitute while the person had a sexually
transmissible infection, the person is to be conclusively
presumed, for the purposes of section 99, to have known at the
time the person acted that the person had the sexually
25 transmissible infection unless it is proved that at that time the
person --
(a) had been undergoing medical examinations in
accordance with subsection (3); and
(b) believed on reasonable grounds that the person did not
30 have a sexually transmissible infection.
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Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Evidence Division 1
s. 180
(2) If a person who had a brothel operator's licence, a prostitution
agent's licence, or a prostitution manager's licence for a
business (the "licensed person") allowed a person (the
"prostitute") to act as a prostitute for the business and while
5 acting as a prostitute the prostitute had a sexually transmissible
infection, the licensed person is conclusively presumed, for the
purposes of section 124, to have known at the time the prostitute
acted as a prostitute that the prostitute had the sexually
transmissible infection unless it is proved that, at that time, the
10 licensed person believed on reasonable grounds that the
prostitute --
(a) had been undergoing medical examinations in
accordance with subsection (3); and
(b) did not have a sexually transmissible infection.
15 (3) A person undergoes medical examinations in accordance with
this subsection if the person has, as frequently as the regulations
require --
(a) regular blood tests for each sexually transmissible
infection for which blood tests are appropriate; and
20 (b) any other regular tests that the regulations may require
for the purpose of detecting the presence of any other
sexually transmissible infection.
180. Certificate that undercover officer was authorised
A certificate purporting to be signed by the Commissioner of
25 Police and stating that the person named in that certificate was,
at the time or during the period specified in that certificate --
(a) a police officer acting as an undercover officer under
section 167; and
(b) authorised to do anything stated in the certificate,
30 is, without proof of any appointment or signature, evidence of
the facts stated in the certificate.
page 101
Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 1 Evidence
s. 181
181. Other evidentiary provisions
(1) In any proceedings for an offence under this Act production of a
certificate containing a statement described in subsection (2)
and purporting to be signed on behalf of the Board is, without
5 proof of any appointment or signature, evidence of the facts
stated in the certificate.
(2) The certificate may state any of the following --
(a) the address that is the person's contact address or the
address of which the Board has been notified under
10 section 112(4);
(b) that a person has or had, or does not or did not have, a
licence of a particular kind;
(c) that a licence is or was, or is not or was not, on behalf of
a particular person or persons;
15 (d) that a licence is or was suspended;
(e) the conditions and restrictions to which a licence is or
was subject;
(f) the premises for which a person is or was licensed;
(g) the day or days or period on or during which anything
20 referred to in any of paragraphs (a) to (f) applied.
(3) A certificate purporting to have been issued under section 137
is, without proof that it was issued by the Board, evidence in
any court of the appointment to which the certificate purports to
relate.
25 (4) In proceedings for an offence under this Act an averment by the
prosecution that --
(a) a person is or was a member or deputy of a member of
the Board;
(b) a person is or was authorised under section 198(1) to
30 take proceedings in the name of the Board;
(c) a particular notice was given by the Board to a person at
a particular time; or
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Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Notifications by Board and appeals Division 2
s. 182
(d) a person had the immediate direction and control of a
brothel business or prostitution agency business,
is to be taken to have been proved in the absence of evidence to
the contrary.
5 (5) In proceedings for an offence under this Act an averment by the
prosecution that a person is or was carrying on a business
involving the provision of prostitution is to be taken to have
been proved unless the contrary is proved.
(6) Judicial notice is to be taken by all courts of the fact that a
10 person is the registrar and of the registrar's signature on a
document purporting to have been signed under this Act by the
registrar.
Division 2 -- Notifications by Board and appeals
182. Notice of decisions to affected persons
15 (1) Where the Board makes a decision to which this subsection
applies, it is to record the reasons for the decision and, as soon
as is practicable but in any case not later than 14 days after
making the decision, is to give to the person to whom the
decision relates notice of the decision and, subject to
20 section 183, reasons for the decision.
(2) Subsection (1) applies to a decision of the Board --
(a) to refuse to grant or renew a licence;
(b) as to the term of a licence;
(c) under section 43 as to a condition or restriction to which
25 a licence is at any time made subject;
(d) to amend, or to refuse to amend, a licence;
(e) to revoke or suspend a licence; or
(f) under section 96(2) to ban a person from acting as a
prostitute.
page 103
Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 2 Notifications by Board and appeals
s. 183
183. Non-disclosure of certain information
(1) The Commissioner of Police may direct the Board to not
disclose the source and content of information that the
Commissioner has provided to the Board for the purposes of the
5 Board performing its functions under this Act if the
Commissioner is satisfied that the disclosure --
(a) might prejudice --
(i) the safety of a person;
(ii) the effectiveness of investigation or prosecution
10 of a person for an offence under this Act; or
(iii) the proper administration of this Act;
(b) might reveal the identity of a police officer acting as an
undercover officer under section 167; or
(c) might otherwise be contrary to the public interest.
15 (2) The Board is to comply with a direction of the Commissioner
under subsection (1).
184. Appeal
(1) A person who is aggrieved by a decision of the Board referred
to in section 182(1) may appeal to the District Court.
20 (2) An appeal under this section --
(a) is to be heard and determined by a District Court Judge;
(b) must be instituted within the time, and in accordance
with the procedure, prescribed by rules of the District
Court; and
25 (c) is to be in the nature of a rehearing and determined on
the material that was before the Board or on such
additional or fresh evidence, either oral or by affidavit,
as the Court allows.
(3) The Board and the Commissioner of Police are entitled to be
30 parties to the appeal and to be represented at the hearing of the
appeal by a legal practitioner or other representative.
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Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Notifications by Board and appeals Division 2
s. 185
(4) A person who is not a legal practitioner is not entitled to make a
charge for representing the Board or the Commissioner, but may
be reimbursed for out of pocket expenses.
(5) The operation of a decision to which the appeal relates is not
5 affected by the commencement of an appeal unless, on
application by the appellant to the District Court, the Court
orders otherwise.
(6) An application under subsection (5) is to be heard and
determined by a District Court Judge.
10 (7) On the hearing of an appeal under this section, the District
Court may --
(a) allow or dismiss the appeal;
(b) confirm, quash, or vary the decision appealed from;
(c) remit the matter to the Board for reconsideration, with or
15 without directions; and
(d) make any incidental or ancillary order including as to
costs.
(8) The Board is to give effect to the decision of the District Court
in an appeal under this section.
20 185. Dealing with certain undisclosed information
(1) If the District Court proposes to determine an appeal under
section 184 on the material that was before the Board, the Board
must ensure that the Court is provided with all information to
which the Board had regard in making the decision that is the
25 subject of the appeal.
(2) Subsection (1) applies even if the source and content of the
information was not disclosed in the Board's reasons for the
decision by way of complying with a direction of the
Commissioner of Police under section 183(1).
30 (3) A District Court Judge may order that the source and content of
information to which subsection (1) applies is not to be
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Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 3 Restraining orders
s. 186
disclosed to the appellant, the appellant's representative or any
other person if, on an application by the Board or the
Commissioner of Police, the Judge is satisfied that the
disclosure --
5 (a) might prejudice --
(i) the safety of a person;
(ii) the effectiveness of investigation or prosecution
of a person for an offence under this Act; or
(iii) the proper administration of this Act;
10 (b) might reveal the identity of a police officer acting as an
undercover officer under section 167; or
(c) might otherwise be contrary to the public interest.
(4) An application under subsection (3) may be made without
notice to the appellant and may be heard and determined in the
15 absence of the appellant.
(5) The room or place in which the Judge hears and determines an
application under subsection (3) is not to be regarded as an open
court, and the Judge may order that no person is to be in the
room or place without the Judge's permission.
20 (6) The reasons for the decision of the District Court on an appeal
under section 184 must not disclose the content or source of
information that is the subject of an order made under
subsection (3).
Division 3 -- Restraining orders
25 186. Restraining order to prevent further offence
If a court finds that a person has committed an offence under
section 64 or 65 or any other offence under this Act prescribed
for the purposes of this section by the regulations and the court
is satisfied that, unless restrained, the person is subsequently
30 likely to commit an offence of a similar kind, the court may
make a restraining order if it considers that making the order
would be appropriate in the circumstances.
page 106
Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Restraining orders Division 3
s. 187
187. Restraining order against person who could be required to
move on
(1) If circumstances arise that would give sufficient grounds for a
police officer to give a person a direction under section 155 and
5 that person has previously been given a direction under that
provision, the police officer may apply for a restraining order
against the person.
(2) The application is to be made --
(a) if the person against whom the order is sought is a child,
10 to the Children's Court; or
(b) otherwise, to a court of summary jurisdiction.
(3) If the court to which the application is made considers it
appropriate in the circumstances to do so, it may make a
restraining order.
15 188. Provisions about making the order
(1) A court is not to make a restraining order against a person under
this Division unless the person has been given an opportunity to
be heard on the matter.
(2) If a restraining order has been, or is about to be, made against a
20 person under this Division and the person is present, the court
may, in order to facilitate service of the restraining order, order
the person to remain in a place designated by the court for a
period of not more than one hour until the order is served on the
person.
25 189. Terms of restraining order
(1) If the restraining order is made under section 186, it may
impose any restraints on the lawful activities and behaviour of
the person against whom it is made that the court considers
appropriate to prevent the person from subsequently committing
30 an offence similar in kind to the offence the person is found to
have committed or from subsequently giving a police officer
grounds for giving the person a direction under section 155.
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Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 3 Restraining orders
s. 190
(2) If the restraining order is made under section 187, it may
impose any restraints on the lawful activities and behaviour of
the person against whom it is made that the court considers
appropriate to prevent the person from subsequently giving a
5 police officer grounds for giving the person a direction under
section 155.
(3) Without limiting the restraints that may be imposed, the order
may restrain the person against whom it is made from --
(a) being on or near specified premises or in a specified
10 locality or place;
(b) engaging in behaviour of a specified kind, either at all or
in a specified place, at a specified time, or in a specified
manner.
(4) A restraint may be imposed absolutely or on any terms the court
15 considers appropriate.
(5) A restraining order may restrain the person against whom it is
made from entering or remaining in a place, or restrict the
person's access to a place, even if the person has a legal or
equitable right to be there.
20 190. Duration of restraining order
(1) A restraining order takes effect when it is served on the person
against whom it is made or, if a later time is specified in the
order, at that time.
(2) Unless it is cancelled sooner, a restraining order remains in
25 effect for the period specified in the order or, if no period is
specified, for one year from the day on which it took effect.
191. Variation or cancellation
(1) An application for the court to vary or cancel a restraining order
may be made by a police officer nominated by the
30 Commissioner of Police or, with the leave of the court, by the
person against whom the order was made.
page 108
Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Restraining orders Division 3
s. 191
(2) The application is to be made --
(a) if the person against whom the order was made is a
child, to the Children's Court; or
(b) otherwise, to a court of summary jurisdiction,
5 and is to be accompanied by an affidavit in support of the
application.
(3) If subsection (1) requires the leave of the court for an
application to be made, an application seeking leave is to be
accompanied by an affidavit disclosing all facts material to the
10 application, whether supporting or adverse to the application,
that are known to the applicant.
(4) Neither the application nor the affidavit are to be served on the
person upon whose application the restraining order was made
(the "respondent") unless the court orders under subsection (6)
15 that they are to be served on the respondent.
(5) Even though the giving of leave may not be prevented by
subsection (7), the court may refuse the application for leave if
it considers that --
(a) the affidavit does not disclose everything required by
20 subsection (3) to be disclosed; or
(b) the facts disclosed by the affidavit do not give sufficient
reason to vary or cancel the restraining order.
(6) Before the court grants an application for leave it is to --
(a) order that a copy of the application and accompanying
25 affidavit be served on the respondent; and
(b) give the respondent an opportunity to oppose the
application for leave.
(7) Leave is not to be given unless the court is satisfied there has
been a substantial change in the relevant circumstances since the
30 restraining order was made.
page 109
Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 3 Restraining orders
s. 192
(8) The person against whom the order was made and the
respondent are to be given an opportunity to be heard at the
hearing of an application to vary or cancel a restraining order.
(9) At the hearing of the application to vary or cancel a restraining
5 order, the court may receive as evidence any record of evidence
given or affidavit filed in connection with an application for
leave mentioned in subsection (3).
(10) The court may dispose of the application to vary or cancel a
restraining order by --
10 (a) dismissing the application;
(b) making a new restraining order in addition to the
original restraining order; or
(c) cancelling the original restraining order with or without
making a new restraining order.
15 (11) Anything in this Division that applies to a restraining order
made in the first instance also applies to a new restraining order
made under this section.
192. Court to notify parties of decision
If a person who was entitled to be given an opportunity to be
20 heard was not present when the court disposed of the
application to vary or cancel a restraining order, the clerk is to
notify the person of how the application was disposed of.
193. When cancellation takes effect
The cancellation of a restraining order has effect --
25 (a) if another restraining order is made when the original
order is cancelled, at the time the new order takes effect;
or
(b) otherwise, at the conclusion of the hearing at which the
order was cancelled.
page 110
Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Restraining orders Division 3
s. 194
194. Provisions about children
(1) No restraining order is to be made against a child whose age is
less than 10 years.
(2) In an application to vary or cancel a restraining order against a
5 child, the Young Offenders Act 1994 section 45 applies as if the
matter were proceedings for an offence.
(3) If the Children's Court hears an application for a restraining
order under section 187 against a person or an application to
vary or cancel a restraining order against a person in the belief
10 that the person is a child when in fact the person is not a
child --
(a) as soon as it becomes aware the person is not a child, the
Children's Court is to transfer the matter to a court of
summary jurisdiction;
15 (b) the Children's Court proceedings are not, for that
reason, invalidated; and
(c) an order made by the Children's Court before it became
aware the person was not a child, is as valid and has the
same effect as if it had been made by the court of
20 summary jurisdiction to which the matter is transferred.
(4) If a court of summary jurisdiction hears an application for a
restraining order under section 187 against a person or an
application to vary or cancel a restraining order against a person
in the belief that the person is not a child when in fact the
25 person is a child --
(a) as soon as it becomes aware the person is a child, the
court of summary jurisdiction is to transfer the matter to
the Children's Court;
(b) the court of summary jurisdiction proceedings are not,
30 for that reason, invalidated; and
(c) an order made by the court of summary jurisdiction
before it became aware the person was a child, is as
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Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 3 Restraining orders
s. 195
valid and has the same effect as if it had been made by
the Children's Court.
(5) If a court transfers a matter to another court under this section,
the clerk of each court is to give effect to the transfer.
5 195. Breach of restraining order
A person against whom a restraining order was made under this
Division who contravenes the order commits an offence.
Penalty: $6 000.
196. Appeals
10 (1) A person aggrieved by the decision of a court relating to a
restraining order under this Division may appeal against that
decision in accordance with this section.
(2) If the decision was made by a court of summary jurisdiction, the
appeal is to be made to the Supreme Court in accordance with
15 the Justices Act 1902 Part VIII.
(3) If the decision was made by the Children's Court when
constituted so as not to consist of or include a Judge, the appeal
is to be made to the Supreme Court in accordance with the
Children's Court of Western Australia Act 1988 section 41 as if
20 the decision were a decision within the meaning of
subsection (2) of that section.
(4) If the decision was made by the Children's Court when
constituted so as to consist of or include a Judge, the appeal is to
be made to the Full Court in accordance with the Children's
25 Court of Western Australia Act 1988 section 43 (other than
subsections (2) and (3)) as if the decision were a decision within
the meaning of subsection (3b) of that section.
(5) If the decision was made by the District Court, the appeal is to
be made to the Full Court in accordance with the District Court
30 of Western Australia Act 1969 section 79(1)(a).
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Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Other miscellaneous provisions Division 4
s. 197
(6) If the decision was made by a Judge of the Supreme Court, the
appeal is to be made to the Full Court in accordance with the
Supreme Court Act 1935 section 58.
(7) In this section --
5 "Full Court" has the same meaning as it has in the Supreme
Court Act 1935.
197. Order not to conflict with family order
(1) If a court does not have jurisdiction to adjust a family order the
court is not to make a restraining order that conflicts with that
10 family order.
(2) In this section --
"family order" has the meaning given to that term in the
Restraining Orders Act 1997 section 5.
Division 4 -- Other miscellaneous provisions
15 198. Legal proceedings
(1) A complaint of an offence under this Act can only be made --
(a) by a police officer; or
(b) in the name of the Board, by the registrar or any other
person authorised in that behalf by the Board.
20 (2) A member of staff authorised by the Board to represent it as the
complainant in proceedings for an offence under this Act may
appear for the Board in proceedings for an offence under this
Act that were commenced in the name of the Board.
(3) A court of summary jurisdiction dealing with an offence under
25 this Act is to be constituted by a magistrate.
page 113
Prostitution Control Bill 2003
Part 9 Miscellaneous provisions
Division 4 Other miscellaneous provisions
s. 199
199. Protection of certain persons
(1) An action in tort does not lie against a person for anything that
he or she has, in good faith, done as --
(a) a police officer or a person assisting a police officer;
5 (b) a medical practitioner;
(c) a member of the Board or of a committee; or
(d) a member of staff,
in the performance or purported performance of a function
under this Act.
10 (2) The Board and the Crown are also relieved of any liability that
either of them might otherwise have had for another person
having done anything as described in subsection (1).
(3) The protection given by this section applies even though the
thing done as described in subsection (1) may have been capable
15 of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
200. Protection in supervisory matters
A person who, in relation to any investigation, inquiry or
20 hearing under Part 6 --
(a) performs any function under that Part; or
(b) is otherwise concerned in proceedings under that Part,
has, in respect of any such function or concern, the same
protection and immunity as a member or officer of the Supreme
25 Court, or a witness or party before the Supreme Court, would
have in respect of a function or concern of a like nature related
to the jurisdiction of the Supreme Court.
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Prostitution Control Bill 2003
Miscellaneous provisions Part 9
Other miscellaneous provisions Division 4
s. 201
201. Publication of Board's findings, decisions and reasons
(1) Without limiting any other protection given by this Part, no
action, claim or demand lies against a person to whom this
subsection applies in respect of the communication or
5 publication in good faith of any finding, or reasons or decision
of the Board or a committee.
(2) Subsection (1) applies to --
(a) the Board, any member of the Board, the registrar or any
officer or delegate of the Board or registrar;
10 (b) any committee or any member of a committee or person
referred to in section 21(5); or
(c) the proprietor or any person concerned in the publication
or operation of any newspaper or periodical or of any
electronic medium.
15 (3) Unless this Act states otherwise, the Board may notify a finding,
reason, or decision of the Board to any person who, in the
opinion of the Board, should be made aware of the finding,
reason or decision, and may publish notice of the finding,
reason or decision in the Gazette or in such other manner as the
20 Board thinks fit.
202. Exchange of information
(1) A person who has, or has access to, information obtained in the
course of the administration of this Act may disclose that
information to any other person for the purposes of the
25 performance of a statutory function that has any connection with
the administration of this Act.
(2) A person may, in order to obtain information to facilitate the
administration of this Act, request a person who has, or has
access to, information obtained in the course of performing
30 functions under any other Act to disclose to the person making
the request any of that information of a kind described in the
request.
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s. 202
(3) Information the disclosure of which is requested under
subsection (2) may be, but is not required to be, disclosed in
accordance with the request.
(4) This section does not authorise a person who is not an
5 employing authority to --
(a) disclose information, whether under subsection (1) or in
response to a request under subsection (2); or
(b) under subsection (2), request the disclosure of
information,
10 except with the approval of the person's employing authority.
(5) An employing authority's approval under subsection (4) may
apply to a particular disclosure of specified information or may
apply generally as specified in the approval.
(6) In subsection (4) --
15 "employing authority" has the meaning given to that term in
the Public Sector Management Act 1994 section 5.
(7) The authority given by this section to disclose information
applies even though the disclosure may be contrary to any duty
of confidentiality imposed by law or otherwise arising and
20 whether or not the duty of confidentiality arose before this
section commenced but, without limiting the authority given by
this section to disclose information, a person to whom
confidential information is disclosed under this section is bound
by the same duty of confidentiality as applied to the person
25 making the disclosure.
(8) A person making a disclosure under this section incurs no civil
or criminal liability as a result of the disclosure, and is not to be
regarded for any purpose as being in breach of the duty of
confidentiality because of the disclosure.
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s. 203
203. Confidentiality
(1) A person to whom this subsection applies must not, whether
directly or indirectly, record, disclose, or make use of any
information obtained in the course of duty except --
5 (a) in the course of duty;
(b) as required or allowed by this Act or any other written
law;
(c) for the purpose of proceedings for an offence under this
Act;
10 (d) with the written authority of the Minister or the person
to whom the information relates; or
(e) in other circumstances prescribed by the regulations.
Penalty:
(a) in the case where the person recording, disclosing or
15 making use of the information caused, or intended to
cause, detriment, or gained or intended to gain a
benefit from the recording, disclosure or use of the
information -- imprisonment for 5 years;
(b) in the case where the person recording, disclosing or
20 making use of the information caused detriment, or
gained a benefit from the recording, disclosure or use
of the information, and the value of the detriment or
gain was more than $10 000 -- imprisonment for
10 years;
25 (c) in any other case -- imprisonment for 2 years.
(2) The prohibition in subsection (1) extends to the giving of
evidence or the production of a book, document or record in
civil proceedings in a court or tribunal.
(3) Subsection (1) does not apply to the disclosure of statistical or
30 other information that could not reasonably be expected to lead
to the identification of any person to whom it relates.
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s. 204
(4) Subsection (1) applies to a person who is or was --
(a) a police officer;
(b) a member of the Board or of a committee;
(c) an employee performing functions under this Act; or
5 (d) a person employed in the department of the Public
Service principally assisting in the administration of the
Police Act 1892.
(5) A person who is or was engaged under a contract for services to
perform functions under this Act must not, whether directly or
10 indirectly, record, disclose, or make use of any information
contrary to the contract.
Penalty: $6 000.
204. Liability of brothel operator or prostitution agent for
offence by manager
15 If a person who has a prostitution manager's licence commits an
offence under this Act as the holder of that licence, the person
who has the brothel operator's licence or prostitution agent's
licence for the business concerned is to be treated as having
committed an offence and is liable to the penalty prescribed for
20 the offence committed by the person who has the prostitution
manager's licence.
205. Liability of partners and bodies corporate for offences by
persons licensed on their behalf
(1) If a person has a licence on behalf of a partnership or body
25 corporate and the person who has the licence is found to have
committed, or is to be treated as having committed, an offence
under this Act --
(a) subject to subsection (2), each of the other partners; or
(b) the body corporate,
30 as the case may be, is to be treated as having committed an
offence and is liable to the penalty prescribed for the offence
committed by the person who has the licence.
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s. 206
(2) Subsection (1) does not apply to a partner who proves that --
(a) the offence was committed without the partner's consent
or connivance; and
(b) the partner exercised all such due diligence to prevent
5 the commission of the offence as ought to have been
exercised having regard to the nature of the partner's
functions and to all the circumstances.
206. Liability of managerial officer for offence by body corporate
If a body corporate is found to have committed, or is to be
10 treated as having committed, an offence under this Act, each
person who is a managerial officer of the body is also to be
treated as having committed the offence unless the person
proves that --
(a) the offence was committed without the person's consent
15 or connivance; and
(b) the person exercised all such due diligence to prevent
the commission of the offence as ought to have been
exercised having regard to the nature of the person's
functions and to all the circumstances.
20 207. Summary trial of crimes
(1) If, after a provision of this Act, "Summary conviction penalty:"
appears followed by a penalty, a charge before a court of
summary jurisdiction that a person has committed an offence
under that provision may be dealt with summarily in accordance
25 with this section and the person is liable on summary conviction
to that penalty.
(2) A charge can only be dealt with summarily in accordance with
this section if the prosecutor and the person charged consent and
the court considers that the charge can be adequately dealt with
30 summarily having regard to --
(a) the nature and particulars of the offence;
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Division 4 Other miscellaneous provisions
s. 208
(b) such particulars of the circumstances relating to the
charge and the antecedents of the person charged as the
court may require from the prosecutor; and
(c) whether or not it is appropriate to deal with the charge
5 summarily.
208. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed or are
necessary or convenient to be prescribed for giving effect to the
10 purposes of this Act.
(2) The regulations may --
(a) specify any place described in the regulations as a place
where section 64(1) or 65(1), or each of those
provisions, does not apply;
15 (b) contain provisions about prophylactics, which may
include but are not limited to, provisions about --
(i) the standards of prophylactics;
(ii) the provision, use, or disposal of, prophylactics;
(c) provide for the Minister to publish in the Gazette codes
20 of practice;
(d) provide for the size, form, and content of advertisements
of prostitution;
(e) provide for applications for the Board's approval under
section 78(2) of means other than a newspaper or the
25 internet by which an advertisement of prostitution can
be broadcast;
(f) prohibit the advertisement of prostitution by means
other than a newspaper or the internet;
(g) prohibit the advertisement of prostitution that expressly
30 or by implication describes what is offered in a way that
is intended or is likely to suggest that it is anything other
than prostitution;
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Other miscellaneous provisions Division 4
s. 208
(h) provide for any other matter in relation to the
advertisement of prostitution;
(i) regulate the meetings and proceedings of, and the
conduct of business by, the Board;
5 (j) regulate the conduct of investigations under Part 6;
(k) provide for planning and development standards for
businesses involving the provision of prostitution
including matters relating to location, parking and
signage;
10 (l) provide for the matters that can and cannot be taken into
account by local governments and other planning
authorities when making decisions about businesses
involving the provision of prostitution;
(m) provide for the procedure in relation to applications for
15 the Board's approval for land, referred to in
subclause (6) of the clause set out in Schedule 3, to be
used in the manner referred to in that subclause until the
occurrence of an event set out in that subclause.
(3) Regulations prescribing an infection to be a sexually
20 transmissible infection or a notifiable sexually transmissible
infection for the purposes of this Act can only be made on the
recommendation of the Minister responsible for the
administration of the Health Act 1911, and a recommendation
that an infection be prescribed to be a sexually transmissible
25 infection can only be made if the infection is capable of being
transmitted by sexual activity.
(4) Regulations in relation to matters affecting local governments
and planning matters for the purposes of this Act can only be
made on the recommendation of the Minister responsible for the
30 administration of the Town Planning and Development
Act 1928.
(5) A regulation made under this Act may provide for a penalty for
contravention of the regulation or a provision of the regulation
not exceeding a fine of $6 000.
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s. 209
209. Regulations relating to restraining order applications
(1) Without limiting section 208, the Governor may make
regulations as to the making of applications for the making,
variation or cancellation of orders under Division 3 and the
5 procedure on the hearing of such applications.
(2) A reference in subsection (1) to an application for the variation
or cancellation of an order refers also to an application seeking
leave to make an application for the variation or cancellation of
an order.
10 210. Prostitution Act 2000 repealed and other Acts amended
(1) The Prostitution Act 2000 is repealed.
(2) Other Acts are amended as shown in Schedule 4.
211. Review of Act
(1) The Minister is to carry out a review of the operation and
15 effectiveness of this Act as soon as is practicable after the
expiration of 3 years from the commencement of section 8, and
in the course of that review the Minister is to consider and have
regard to --
(a) the effectiveness of the operations of the Board;
20 (b) the need for the continuation of the functions of the
Board; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review made
25 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.
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Prostitution Control Bill 2003
Constitution and proceedings of Board Schedule 1
Schedule 1 -- Constitution and proceedings of Board
[s. 3, 11(1)(b), 13, 136(2)]
Division 1 -- Term of office
1. Term of office
5 (1) The term for which a person is appointed to be an appointed member
is to be fixed in the instrument of appointment and is to be not longer
than 3 years.
(2) A person's eligibility for reappointment or the term for which a
person may be reappointed is not affected by an earlier appointment.
10 2. Vacation of office by appointed member
(1) An appointed member may resign from office by notice in writing
delivered to the Minister.
(2) The chairman may be removed from office by the Governor if the
Governor is satisfied that one or more of the grounds in subclause (4)
15 applies.
(3) An appointed member may be removed from office by the Minister if
the Minister is satisfied that one or more of the grounds in
subclause (4) applies.
(4) The grounds for removal of an appointed member are --
20 (a) mental or physical disability, incompetence, neglect of duty
or misconduct that impairs the performance of the member's
duties;
(b) the member is an insolvent under administration, as that term
is defined in the Commonwealth Corporations Act 2001;
25 (c) the member has been absent without leave of the Board from
3 consecutive meetings of the Board of which the member
has had notice; or
(d) any other act or omission of the member that in the opinion of
the Governor or the Minister, as the case may be, may cause
30 prejudice or injury to the Board.
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Division 2 -- Deputies and representatives
3. Representatives of ex officio members
(1) The Commissioner of Health and the Commissioner of Police may
each nominate a senior member of his or her staff to represent him or
5 her --
(a) either generally at meetings of the Board; or
(b) at a particular meeting.
(2) A nomination must be in writing given to the chairman.
(3) A nominee, while representing the Commissioner of Health or the
10 Commissioner of Police, is to be taken to be a member of the Board.
4. Appointment of deputies of other members
(1) The Governor may, on the nomination of the Minister in accordance
with subclause (2) --
(a) appoint a person to be the deputy of the chairman; and
15 (b) terminate such an appointment at any time.
(2) The Minister is to consult the chairman before nominating a person
for appointment as the deputy of the chairman.
(3) The Minister may in accordance with this clause --
(a) appoint a person to be a deputy of an appointed member,
20 other than the chairman; and
(b) terminate such an appointment at any time.
(4) A deputy of a member to whom section 10(a) applies is to be a person
nominated in accordance with section 10(a).
(5) A deputy of a member to whom section 10(b) applies is to be a
25 medical practitioner.
(6) A deputy of a member to whom section 10(c) applies is to be
appointed after the Minister has complied with section 12.
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5. Functions of deputies under clause 4
(1) A member's deputy under clause 4 --
(a) may, subject to clause 7(1)(a) in the case of the chairman's
deputy, perform the functions of the member when the
5 member is unable to act by reason of illness, absence or other
cause; and
(b) while doing so, is to be taken to be a member of the Board.
(2) No act or omission of a person acting in place of another under this
clause is to be questioned on the ground that the occasion for so
10 acting had not arisen or had ceased.
6. When nominees and deputies may continue to act
(1) This clause applies if --
(a) a nominee of the Commissioner of Health or the
Commissioner of Police; or
15 (b) a member's deputy under clause 4,
has commenced but not completed the performance of a function
under this Act while clause 3(3) or 5(1)(b) applied to him or her.
(2) Despite any provision of this Act, the nominee or deputy may, with
the approval of the Board in writing, continue to act as a member after
20 clause 3(3) or 5(1)(b) ceased to apply to him or her if it is necessary
or expedient to do so to complete the performance of the function.
Division 3 -- Meetings
7. General procedure
(1) At a meeting of the Board --
25 (a) the chairman or, if the chairman is not present (whether or not
the chairman's deputy is present), the Commissioner of
Health or his or her nominee under clause 3, is to preside;
(b) if no one is presiding under paragraph (a), a member elected
by the members present is to preside.
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(2) A quorum --
(a) for a meeting of the Board other than a formal inquiry is
4 members; and
(b) for a formal inquiry is 3 members.
5 (3) The procedure for convening meetings of the Board and the conduct
of business at those meetings is, subject to this Act, to be as
determined by the Board.
8. Voting
(1) A decision of the majority of members at a meeting of the Board at
10 which a quorum is present is the decision of the Board.
(2) If the votes of members present at a meeting and voting are equally
divided the member presiding at the meeting is to have a casting vote
as well as a deliberative vote.
9. Holding meetings remotely
15 The presence of a person at a meeting of the Board need not be by
attendance in person but may be by that person and each other person
at the meeting being simultaneously in contact by telephone or other
means of instantaneous communication.
10. Minutes
20 The Board is to ensure that an accurate record is kept and preserved of
the proceedings at each meeting of the Board and of each resolution
passed by the Board.
Division 4 -- Resolution without meeting
11. Resolution may be passed without meeting
25 (1) If a document --
(a) containing a statement to the effect that --
(i) an act, matter or thing has been done; or
(ii) a resolution has been passed,
is sent or given to all members of the Board; and
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Constitution and proceedings of Board Schedule 1
(b) is assented to by not less than 4 members of the Board,
that act, matter, thing or resolution is to be taken as having been done
at or passed by a meeting of the Board.
(2) If a document is assented to in accordance with subclause (1), the
5 document is to be taken as a minute of a meeting of the Board.
12. When meeting taken to have been held
A meeting referred to in clause 11 is to be taken as having been
held --
(a) if the members assented to the document on the same day, on
10 the day on which the document was assented to and at the
time at which the document was last assented to by a
member; or
(b) if the members assented to the document on different days, on
the day on which, and at the time at which, the document was
15 last assented to by a member.
13. Separate identical documents may be used
Two or more separate documents in identical terms each of which is
assented to by one or more members of the Board are to be taken to
constitute one document for the purposes of clause 11.
20 14. How assent may be signified
(1) A member of the Board may signify assent to a document for the
purposes of clause 11 --
(a) by signing the document; or
(b) by notifying the Board of the member's assent --
25 (i) in person;
(ii) by post;
(iii) by facsimile transmission;
(iv) by telephone; or
(v) by any other method of written, audio or audiovisual
30 communication.
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Schedule 1 Constitution and proceedings of Board
(2) If a member of the Board signifies assent to a document otherwise
than by signing the document, the member must by way of
confirmation sign the document at the next meeting of the Board
attended by that member.
5 (3) A failure to comply with subclause (2) does not invalidate the act,
matter, thing or resolution to which the document relates.
Division 5 -- Disclosure of interests
15. Disclosure of interests by Board members
A member of the Board who has a direct or indirect interest, other
10 than as a member, in a matter before the Board --
(a) must, as soon as possible after the person is aware of the
matter, disclose the nature of the interest to the Board; and
(b) must not unless the Board otherwise determines take part in a
deliberation or decision of the Board with respect to the
15 matter.
Penalty: $6 000.
16. Disclosure of interests by committee members
A member of a committee, or a person referred to in section 21(5),
who has a direct or indirect interest, other than as a member or adviser
20 in a matter before the committee --
(a) must, as soon as possible after the person is aware of the
matter, disclose the nature of the interest to the committee;
and
(b) must not unless the committee otherwise determines take part
25 in a deliberation or decision of the committee with respect to
the matter.
Penalty: $6 000.
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Constitution and proceedings of Board Schedule 1
17. Exclusion of person from determination under clause 15(b)
or 16(b)
For the purposes of making a determination under clause 15(b)
or 16(b) in relation to a person who has made a disclosure of an
5 interest, the person who made the disclosure must not --
(a) be present during any deliberation for the purpose of making
the determination; or
(b) take part in the making of the determination.
18. Disclosure to be recorded in minutes
10 A disclosure made by a person under clause 15 or 16 is to be recorded
in the minutes of the Board or the committee.
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Prostitution Control Bill 2003
Schedule 2 Offences relevant to licensing; banning from acting as a
prostitute
Schedule 2 -- Offences relevant to licensing; banning from
acting as a prostitute
[s. 37(1)(b), 95(a)(ii), 96(2)(b), 104(b), 106(b), 127(b)]
An offence under any of the following enactments:
5 Censorship Act 1996
s. 60
The Criminal Code
s. 181
s. 186
10 s. 204A
s. 278 or 279
s. 281A
s. 320(2) or (3)
s. 321(2) or (3)
15 s. 321A(3)
s. 324, 325, or 326
s. 327
s. 329
s. 330(2) or (3)
20 s. 332
s. 343
s. 396, 397, or 398
Child Welfare Act 1947
s. 108(1)
page 130
Prostitution Control Bill 2003
Clause implied in planning schemes Schedule 3
Schedule 3 -- Clause implied in planning schemes
[s. 151, 152, 153, 208(2)(m)]
1. Use of land for prostitution purposes
(1) The use of land in a residential zone or precinct for the purpose of a
5 brothel, or an attended prostitution agency office, is a use that is not
permitted by the scheme.
(2) The use of land in an industry zone or precinct for the purpose of a
brothel or an attended prostitution agency office is a use permitted by
the scheme if, at the time the relevant brothel business or prostitution
10 agency business commences to be carried on --
(a) the land is not within 300 metres, or such lesser distance as is
permitted in the particular case by the person responsible for
implementing the scheme, of a protected use place; and
(b) the use complies with any applicable regulations made under
15 the Prostitution Control Act 2003.
(3) The use of land other than land referred to in subclause (1) or (2) for
the purpose of a brothel or an attended prostitution agency office is a
use not permitted by the scheme unless planning approval has been
given under the scheme, and planning approval is not to be given
20 unless the person giving the approval is satisfied that --
(a) the land is not within 300 metres, or such lesser distance as is
permitted in the particular case by the person responsible for
implementing the scheme, of a protected use place; and
(b) the use complies with any applicable regulations made under
25 the Prostitution Control Act 2003.
(4) For purposes of subclause (2) or (3), the distance between the land
used or proposed to be used as a brothel or an attended prostitution
agency office, and a protected use place is to be calculated in
accordance with regulations made under the Prostitution Control
30 Act 2003.
(5) A prostitution booking office is an office within the meaning of the
scheme but an attended prostitution agency office is not.
(6) If, immediately before the public release day, land was used for the
purpose of a brothel or an attended prostitution agency office and the
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Schedule 3 Clause implied in planning schemes
land has continued to be used for that purpose until the
commencement of the Prostitution Control Act 2003 section 151(1),
despite anything in subclause (1), (2), or (3) but subject to the
approval of the Board, the use of the land for that purpose is a use
5 permitted by the scheme until --
(a) the buildings used as the business premises are totally
destroyed or their value is reduced to less than 25% of their
former value;
(b) the buildings used as the business premises are extended or
10 otherwise altered, except as necessary for carrying out repairs
or maintenance, without obtaining any planning approval that
is required; or
(c) any buildings other than those that were being used
immediately before the public release day are used as, or as
15 part of, the business premises.
(7) An application for the approval of the Board under subclause (6) is to
be in accordance with any applicable regulations made under the
Prostitution Control Act 2003.
(8) In considering an application for approval under subclause (6) the
20 Board is to liaise with the local government of the district in which
the land is located and is to consider --
(a) whether the brothel or attended prostitution agency office (the
"office") has been the subject of complaints from residents or
occupiers in the area;
25 (b) whether the brothel or office is near or within view from a
protected use place;
(c) whether the operation of the brothel or office causes a
disturbance in the neighbourhood when taking into account
noise and vehicular and pedestrian traffic and other
30 disturbances created by other brothels or attended prostitution
agency offices operating in the neighbourhood at similar
hours of operation;
(d) whether the operation of the brothel or office causes a
disturbance in the neighbourhood because of its size and the
35 number of people working in it;
(e) whether suitable access has been provided to the brothel or
office;
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Clause implied in planning schemes Schedule 3
(f) whether sufficient off-street parking has been provided if it
would be appropriate to have off-street parking in the
circumstances;
(g) whether the operation of the brothel or office interferes with
5 the amenity of the neighbourhood;
(h) any matter that the Board is required by regulations made
under the Prostitution Control Act 2003; and
(i) any other matter that the Board thinks is relevant and that is
consistent with the regulations made under the Prostitution
10 Control Act 2003.
(9) In this clause --
"attended prostitution agency office" means a prostitution agency
office at or outside which persons who act as prostitutes or
prostitution drivers for the prostitution agency business carried
15 on from that office attend in person;
"child care premises" means premises that are kept for the provision
of a child care service, as defined in the Community Services
Act 1972 section 3 --
(a) under a licence or permit referred to in section 17A of that
20 Act; or
(b)
under an exemption given under section 17D of that Act.
"educational establishment" means land used for the purposes of
education and includes land used for a school, tertiary institution,
business college, academy, or other educational centre;
25 "industry zone or precinct" means a zone or precinct, however
described, in which the predominant uses are --
(a) manufacturing industries and the storage and distribution
of goods; or
(b)
light and service industries and associated uses,
30 except that it does not include land in a strategic industry zone or
precinct;
"place of worship" means land used for religious activities, and
includes land used for a church, chapel, mosque, synagogue, or
temple;
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Schedule 3 Clause implied in planning schemes
"premises" means land, and includes any building or structure on the
land;
"prostitution booking office" means a prostitution agency office
that --
5 (a) is not a brothel or an attended prostitution agency office;
and
(b) is not used as a place where any business or activity other
than the prostitution agency business is carried on;
"protected use place" means an educational establishment, child care
10 premises or other place regularly frequented by children for
recreational or cultural activities, a place of worship, or land in a
residential zone or precinct;
"public release day" means the day specified under the Prostitution
Control Act 2003 section 153 as the public release day for the
15 purposes of this clause;
"residential zone or precinct" means a zone or precinct, however
described, in which the predominant use is residential;
"strategic industry zone or precinct" means a zone or precinct, the
land in which is an industrial area of State significance, that is
20 intended to accommodate higher order industrial uses, which
may include the use of land for offensive or potentially
hazardous industrial or storage facilities.
(10) A term used in this clause that is given a meaning by the Prostitution
Control Act 2003 has the same meaning in this clause.
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Prostitution Control Bill 2003
Consequential amendments to other Acts Schedule 4
Schedule 4 -- Consequential amendments to other Acts
[s. 210(2)]
1. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this clause is to the Constitution Acts Amendment
5 Act 1899*.
[* Reprinted as at 8 June 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 72, and Acts Nos. 24 and 25 of 2001,
5, 20, and 30 of 2002.]
10 (2) Schedule V Part 3 is amended by inserting before the item
commencing "The Psychologists Board of Western Australia" the
following --
"
The Prostitution Control Board established by the Prostitution
15 Control Act 2003
".
2. Criminal Investigation (Exceptional Powers) and Fortification
Removal Act 2002 amended
(1) The amendment in this clause is to the Criminal Investigation
20 (Exceptional Powers) and Fortification Removal Act 2002*.
[* Act No. 21 of 2002.]
(2) Schedule 1 item 1 is amended by inserting after "s. 50(1)" the
following --
"
25 Prostitution Control Act 2003
s. 30
s. 66
s. 68
s. 69
30 s. 70
s. 74
s. 82
".
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Prostitution Control Bill 2003
Schedule 4 Consequential amendments to other Acts
3. Evidence Act 1906 amended
(1) The amendments in this clause are to the Evidence Act 1906*.
[* Reprinted as at 4 January 2001.
For subsequent amendments see 2001 Index to Legislation of
5 Western Australia, Table 1, p. 121, and Acts Nos. 3 and 27
of 2002.]
(2) Section 36A(1) is amended in the definition of "sexual offence" by
deleting paragraph (a) and inserting instead the following
paragraph --
10 "
(a) under section 186 or 191(1) of The Criminal
Code or section 68, 70, 74, 76, 96(3), 98,
or 99 of the Prostitution Control Act 2003;
".
15 (3) Schedule 7 is amended as follows:
(a) in Part A clause 1(1)(a), by deleting "section of the
Prostitution Act 2000" and inserting instead --
" provision of the Prostitution Control Act 2003 ";
(b) in Part B, by deleting the reference to the Prostitution
20 Act 2000 and the items relating to that Act and inserting
instead --
"
Prostitution Control
Act 2003
64 Seeking prostitute in or in view or within
hearing of public place
65 Seeking client in or in view or within hearing
of public place
68 Causing, permitting, or seeking to induce
child or incapable person to act as prostitute
69 Obtaining payment for prostitution by a child
or incapable person
70 Agreement for prostitution by a child or
incapable person
72 No prostitution where child present
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Prostitution Control Bill 2003
Consequential amendments to other Acts Schedule 4
73 Allowing child to be at place where
prostitution involved
75 Living on earnings of prohibited prostitute
96(3) if the ban is Acting as a prostitute while a child or
because of incapable person
section 96(1)(a) or (b)
98 Acting as a prostitute for a child
99 Persons with certain health conditions not to
act as prostitutes
116(1) if the Having brothel operator's licence or
requirement prostitution agent's licence for premises at
contravened was a which child or incapable person present
requirement of
section 116(2)(b)(i)
".
4. Financial Administration and Audit Act 1985 amended
(1) The amendment in this clause is to the Financial Administration and
Audit Act 1985*.
5 [* Reprinted as at 16 September 2002.
For subsequent amendments see Acts Nos. 30 and 38 of 2002.]
(2) Schedule 1 is amended by inserting in the appropriate alphabetical
position the following item --
" Prostitution Control Board ".
10 5. Freedom of Information Act 1992 amended
(1) The amendment in this clause is to the Freedom of Information
Act 1992*.
[* Reprinted as at 3 March 2000.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 144, and Act No. 21 of 2002.]
(2) Schedule 2 is amended by inserting after the item "The Parole Board."
the following item --
" The Prostitution Control Board. ".
page 137
Prostitution Control Bill 2003
Schedule 4 Consequential amendments to other Acts
6. Health Act 1911 amended
(1) The amendments in this clause are to the Health Act 1911*.
[* Reprinted as at 31 March 2000.
For subsequent amendments see 2001 Index to Legislation of
5 Western Australia, Table 1, p. 163.]
(2) Section 303(1) is amended by deleting ", subject, however, to the
provisions of the next succeeding section".
(3) Section 304 is repealed.
(4) Section 310(2) is repealed.
10 7. Parliamentary Commissioner Act 1971 amended
(1) The amendment in this clause is to the Parliamentary Commissioner
Act 1971*.
[* Reprinted as at 16 March 2001.]
(2) Schedule 1 is amended by inserting in its appropriate alphabetical
15 position the following item --
"
The Prostitution Control Board under the Prostitution
Control Act 2003, except to the extent that the matter
concerned has been referred to the Commissioner for
20 investigation and report under section 15 of this Act and
relates to a matter other than a matter described in
section 19(2) of that Act.
".
8. Police Act 1892 amended
25 (1) The amendments in this clause are to the Police Act 1892*.
[* Reprinted as at 12 January 2001.
For subsequent amendments see Act No. 6 of 2002.]
(2) Section 42 is amended as follows:
(a) by deleting "common prostitute, or reputed thief," and
30 inserting instead --
" reputed thief ";
page 138
Prostitution Control Bill 2003
Consequential amendments to other Acts Schedule 4
(b) by deleting "common prostitute, reputed thief," and inserting
instead --
" reputed thief ".
(3) Section 47 is amended by deleting "reputed common prostitute,
5 thief," and inserting instead --
" reputed thief or ".
(4) Section 65(7) is amended by deleting ", prostitutes,".
(5) Section 65(8) is repealed.
(6) Section 65(9) is amended by deleting "or known prostitutes".
10 (7) Sections 76F and 76G are repealed.
(8) Section 84(1) is amended by deleting "prostitutes or".
(9) Section 122 is amended by deleting "disorderly house, house of
ill-fame, brothel, or bawdy-house, or".
9. The Criminal Code amended
15 (1) The amendments in this clause are to The Criminal Code*.
[* Reprint 10 as at 7 February 2003 see the Schedule to the
Criminal Code Act 1913 appearing as Appendix B to the Criminal
Code Compilation Act 1913.]
(2) Section 191 is amended as follows:
20 (a) by deleting paragraphs (2), (3), and (4) and "or" after each of
those paragraphs;
(b) in paragraph (5), by deleting "any of the above purposes;"
and inserting instead --
" the purpose described in paragraph (1), ".
25 (3) Section 209 is repealed.
(4) Section 213 is repealed.
page 139
Prostitution Control Bill 2003
Schedule 4 Consequential amendments to other Acts
10. Town Planning and Development Act 1928 amended
(1) The amendment in this clause is to the Town Planning and
Development Act 1928*.
` [* Reprinted as at 3 November 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 382, and Act No. 25 of 2001.]
(2) After section 12(1) the following subsection is inserted --
"
(1a) Compensation is not payable for land or property being
10 injuriously affected by reason of --
(a) any provisions in a town planning scheme that,
either alone or together with other provisions,
satisfy a requirement of the Prostitution
Control Act 2003 Part 7; or
15 (b) the clause that, because of the Prostitution
Control Act 2003 section 151(1), is to be read,
and has effect, as if it were part of a town
planning scheme.
".
20 11. Workers' Compensation and Rehabilitation Act 1981 amended
(1) The amendments in this clause are to the Workers' Compensation and
Rehabilitation Act 1981*.
[* Reprinted as at 14 September 2001.]
(2) After section 10A the following section is inserted --
25 "
10B. Exclusion of certain prostitutes
(1) In this Act, "worker" does not include --
(a) a person employed to act as a prostitute
unless --
30 (i) the person acts as a prostitute at a
brothel as an employee under a contract
page 140
Prostitution Control Bill 2003
Consequential amendments to other Acts Schedule 4
of service entered into with the person
who has the brothel operator's licence
for the brothel;
(ii) the person acts as a prostitute through a
5 prostitution agency business under a
contract of service entered into with the
person who has the prostitution agent's
licence for the business; or
(iii) it is shown that the person worked under
10 coercion;
or
(b) a self-employed sole prostitute.
(2) In subsection (1) --
"act as a prostitute", "brothel", "prostitution
15 agency business" and "self-employed sole
prostitute" each has the meaning given to the
term in the Prostitution Control Act 2003
section 3.
".
20 (3) Section 22 is amended as follows:
(a) by inserting before "If it is proved" the subsection
designation "(1)";
(b) by inserting at the end of the section the following
subsection --
25 "
(2) If a worker who is employed to act as a prostitute fails
to comply with a provision of the Prostitution Control
Act 2003, that failure amounts to serious and wilful
misconduct for the purposes of subsection (1)(c) unless
30 the claimant proves that there was a reasonable excuse
for the failure.
".
page 141
Prostitution Control Bill 2003
Schedule 4 Consequential amendments to other Acts
12. Young Offenders Act 1994 amended
(1) The amendments in this clause are to the Young Offenders Act 1994*.
` [* Reprinted as at 8 December 2000.
For subsequent amendments see 2001 Index to Legislation of
5 Western Australia, Table 1, p. 423.]
(2) Schedule 2 is amended by deleting the heading relating to the
Prostitution Act 2000 and the items under that heading and inserting
instead --
"
2A. Prostitution Control Act 2003
s. 64 Seeking prostitute in or in view or within
hearing of public place
s. 68 Causing, permitting, or seeking to induce
child or incapable person to act as
prostitute
s. 69 Obtaining payment for prostitution by a
child or incapable person
s. 70 Agreement for prostitution by a child or
incapable person
s. 74 Seeking to induce person to act as
prostitute
10 ".
page 142
Prostitution Control Bill 2003
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
act as a prostitute....................................................................3, Sch. 4, cl. 11(2)
act as a prostitution driver................................................................................. 3
act as a prostitution manager............................................................................. 3
act of prostitution ............................................................................................. 3
advertisement of prostitution ..................................................................3, 78(4)
appointed member ............................................................................................ 3
attended prostitution agency office............................................... Sch. 3, cl. 1(9)
authorised person ............................................................................................. 3
being involved in prostitution ...................................................................177(2)
Board............................................................................................................... 3
bodily fluid ...................................................................................................... 3
broadcast....................................................................................................78(4)
brothel ............................................................................................................. 3
brothel business................................................................................................ 3
business premises ............................................................................................. 3
chairman .......................................................................................................... 3
child................................................................................................................. 3
child care premises ...................................................................... Sch. 3, cl. 1(9)
client............................................................................................................ 3, 4
Commissioner ..........................................................................................154(1)
Commissioner of Health ................................................................................... 3
Commissioner of Police.................................................................................... 3
committee ........................................................................................................ 3
contact address ................................................................................................. 3
conveyance ..............................................................................................154(1)
defendant ..................................................................................................... 178
document ......................................................................................................... 3
educational establishment ............................................................ Sch. 3, cl. 1(9)
employing authority..................................................................................202(6)
engaging in illegal conduct .......................................................................134(2)
existing planning scheme..........................................................................151(3)
family order .............................................................................................197(2)
formal inquiry .................................................................................................. 3
Full Court.................................................................................................196(7)
incapable person............................................................................................... 3
indictable offence .....................................................................................113(2)
industry zone or precinct ............................................................. Sch. 3, cl. 1(9)
information ................................................................................................20(5)
interest .......................................................................................................82(2)
page 143
Prostitution Control Bill 2003
Defined Terms
investigator ...................................................................................................... 3
involvement in a contravention .................................................................134(3)
juvenile justice team.................................................................................154(1)
land-holder...................................................................................... 52(2), 57(2)
legal practitioner .............................................................................................. 3
licence.............................................................................................................. 3
licensed............................................................................................................ 3
licensed person.............................................................................124(1), 179(2)
licensing decision ............................................................................ 54(2), 59(2)
managerial officer ............................................................................................ 3
medical examination......................................................................................... 3
medical practitioner.......................................................................................... 3
member of staff ................................................................................................ 3
member of the Board........................................................................................ 3
mental illness ................................................................................................... 3
Minister .................................................................................................167(11)
notifiable matter .......................................................................................125(2)
notifiable sexually transmissible infection......................................................... 3
notified premises ......................................................................................112(3)
offence .....................................................................................................154(1)
offender .......................................................................................... 64(4), 65(4)
office........................................................................................... Sch. 3, cl. 1(8)
place ................................................................................................................ 3
place of worship.......................................................................... Sch. 3, cl. 1(9)
planning scheme........................................................................................... 150
premises...................................................................................... Sch. 3, cl. 1(9)
prescribed activity ....................................................................................135(3)
principal place of residence............................................................................... 3
prohibited drug................................................................................................. 3
prophylactic ..................................................................................................... 3
proprietary company......................................................................................... 3
prostitute.......................................................................................... 3, 4, 179(2)
prostitution....................................................................................................... 3
prostitution agency business ............................................................................. 3
prostitution agency office ................................................................................. 3
prostitution booking office........................................................... Sch. 3, cl. 1(9)
prostitution business licence .................................................. 54(2), 59(2), 78(4)
prostitution-related function........................................................................89(2)
prostitution-related issues ...........................................................................16(3)
protected use place ...................................................................... Sch. 3, cl. 1(9)
public place...................................................................................................... 3
public release day........................................................................ Sch. 3, cl. 1(9)
reasonably suspects .......................................................................................... 3
registrar............................................................................................................ 3
relevant charge .........................................................................................164(3)
page 144
Prostitution Control Bill 2003
Defined Terms
relevant juvenile justice team matter .........................................................164(3)
remote communication ..................................................................................... 3
residential zone or precinct .......................................................... Sch. 3, cl. 1(9)
respondent................................................................................................191(4)
retention period ........................................................................................112(3)
self-employed sole prostitute ............................................................................ 3
sexually transmissible infection ........................................................................ 3
sole operator agency business ........................................................................... 3
sole operator brothel business ........................................................................... 3
sponsorship ................................................................................................80(3)
strategic industry zone or precinct................................................ Sch. 3, cl. 1(9)
undercover officer ..................................................................................167(11)
weapon ....................................................................................................109(3)
page 145
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