PROSTITUTION ACT 1999 - As at 1 March 2023 - Act 73 of 1999
- As at 1 March 2023 - Act 73 of 1999Table of Provisions
PART 1 - PRELIMINARY
PART 2 - DEFINITIONS
- 5 Definitions
- 6 Meaning of associate
- 7 Meaning of interest in a brothel
PART 3 - LICENSING SYSTEM
Division 1 - Brothel licences
Subdivision 1 - Application for licence- 8 Who is ineligible for a brothel licence
- 9 Person may hold only 1 brothel licence
- 10 Application for licence
- 11 Updating of application
- 12 Withdrawal of application
- 13 Applicant to consent to identifying particulars being taken
- 14 Application to be referred to commissioner
- 15 Consideration of application
- 16 When Authority must refuse application
- 17 Suitability of applicant
- 18 Grant or refusal of licence
- 19 The licence
- 20 Requirement to notify changes in information given
- 21 Amendment of licence conditions or restrictions
- 22 Endorsement of licence
- 23 Renewal of licence Subdivision 2 - Licence cancellation and disciplinary action
- 24 Definition for sdiv 2
- 24A Payment of fee by payment plan
- 24B Automatic suspension of licence
- 25 Automatic cancellation of licence
- 26 Investigating disciplinary action
- 27 Grounds for disciplinary action
- 27A Authority may conduct disciplinary inquiry by hearing or on correspondence
- 27B Disciplinary inquiry notice
- 28 Starting disciplinary inquiry
- 28A Procedure for disciplinary inquiry by hearing
- 28B Power of Authority to continue disciplinary inquiry in particular circumstances
- 28C Failure to take oath or answer question
- 28D Authority may require information relevant to disciplinary inquiry
- 28E Attendance notice
- 28F Substituted service on licensee or relevant person
- 29 Disciplinary powers of Authority
- 30 Disciplinary powers limited for certain licensees Subdivision 3 - Other provisions about licences
- 31 Surrender of licence
- 32 Surrendered, suspended or cancelled licence must be returned
- 33 When Authority can authorise approved manager to act as licensee
Division 2 - Approved managers
Subdivision 1 - Application for certificate- 34 Who is ineligible for a certificate
- 35 Application for certificate
- 36 Updating of application
- 37 Withdrawal of application
- 38 Applicant to consent to identifying particulars being taken
- 39 Application to be referred to commissioner
- 40 Consideration of application
- 41 When Authority must refuse application
- 42 Suitability of applicant
- 43 Grant or refusal of certificate
- 44 The certificate
- 45 Requirement to notify changes in information given
- 46 Variation of certificate
- 47 Amendment of certificate conditions or restrictions
- 48 Endorsement of certificate
- 49 Renewal of certificate Subdivision 2 - Certificate cancellation and disciplinary action
- 50 Definition for sdiv 2
- 50A Payment of fee by payment plan
- 50B Automatic suspension of certificate
- 51 Automatic cancellation of certificate
- 52 Investigating disciplinary action
- 53 Grounds for disciplinary action
- 53A Authority may conduct disciplinary inquiry by hearing or on correspondence
- 53B Disciplinary inquiry notice
- 54 Starting disciplinary inquiry
- 54A Procedure for disciplinary inquiry by hearing
- 54B Power of Authority to continue disciplinary inquiry in particular circumstances
- 54C Failure to take oath or answer question
- 54D Authority may require information relevant to disciplinary inquiry
- 54E Attendance notice
- 54F Substituted service on approved manager or relevant person
- 55 Disciplinary powers of Authority
- 56 Disciplinary powers limited for certain approved managers Subdivision 3 - Other provisions about certificates
- 57 Surrender of certificate
- 58 Surrendered, suspended or cancelled certificate must be returned
Division 3 - Powers of entry
- 59 Police power to enter licensed brothel
- 60 Powers after entry
- 61 Authority to be given particulars after entry
PART 4 - DEVELOPMENT APPROVALS FOR BROTHELS
Division 1 - Preliminary
- 62 Definitions for part 63. (Repealed)
- 63A Planning Act
Division 2 - Particular provisions about relevant applications
- 63B Notification by decision-maker of relevant application 64. (Repealed)
Division 3 - Review by QCAT
- 64A Review of decisions about code assessment
- 64B Review of decisions about impact assessment
- 64C Procedures for review
- 64D No appeal from QCAT’s decision under the Planning Act
- 64E Development approval suspended until review decided 64F. (Repealed) 64G. (Repealed) 64H. (Repealed) 64I. (Repealed) 64J. (Repealed) 64K. (Repealed) 64L. (Repealed) 64M. (Repealed) 64N. (Repealed) 64O. (Repealed) 64P. (Repealed) 64Q. (Repealed) 64R. (Repealed) 64S. (Repealed) 64T. (Repealed) 64U. (Repealed) 64V. (Repealed)
PART 5 - PROHIBITED BROTHELS
- 65 Application to Magistrates Court
- 66 Declaration that premises are a prohibited brothel
- 66A Temporary declaration that premises are prohibited brothel
- 67 Publication of declaration
- 68 Offence in relation to posted up declaration
- 69 Offence of being in or entering or leaving prohibited brothel
- 70 Offence if prohibited brothel used as brothel after declaration given
- 71 Rescission of declaration
- 72 Service of notices in relation to prohibited brothels
PART 6 - OFFENCES
Division 1 - General offences relating to prostitution
- 73 Public soliciting for purposes of prostitution
- 74 Exception to soliciting offences—persons in licensed brothels
- 75 Exception to soliciting offences—police officers
- 76 Nuisances connected with prostitution
- 77 Duress
- 77A Prostitute providing sexual intercourse or oral sex without a prophylactic
Division 2 - Offences relating to the operation of a licensed brothel
- 78 Brothel offences
- 79 Operating licensed brothel other than in a building
- 80 Personal supervision of licensed brothel
- 81 Licensee not to operate brothel in partnership or in association with unlicensed person
- 82 Person not to have interest in more than 1 licensed brothel
- 83 Possessing liquor in licensed brothel
- 84 Complying with police requirement
- 85 Person to state age
- 86 Licensee and approved manager to state name and address
- 87 Display of licence
- 88 Production of licence or certificate
Division 3 - Offences relating to prostitutes working in licensed brothels
- 89 Permitting prostitute infective with a disease to work in a licensed brothel
- 90 Prostitute working while infective with a disease
Division 4 - Advertising offences
Subdivision 1 - Definitions- 92 Definitions for div 4 Subdivision 2 - Advertising offences about prostitution
- 93 Advertising prostitution
- 94 Statements inducing persons to become prostitutes
- 95 Advertising prostitution as massage services
- 96 Evidentiary provision Subdivision 3 - Advertising offences about social escort services
- 96A Advertising social escort services
- 96B Clients of social escort services to be informed that prostitution is not provided
- 96C Evidentiary provision
Division 5 - Other offences
PART 7 - PROSTITUTION LICENSING AUTHORITY
Division 1 - Establishment
Division 2 - Membership
Subdivision 1 - Appointment- 102 Membership
- 103 Term of appointment
- 104 Remuneration
- 105 Disqualifications for appointment
- 106 Vacation of office
- 106A Acting chairperson
- 107 Meetings
- 108 Member’s interest in a matter to be considered by Authority Subdivision 2 - Assessing suitability for appointment
- 108A Subdivision does not apply to exempt member
- 108B Extended criminal history checks
- 108C Disclosure of changes in extended criminal history
- 108D Disclosure must not be false, misleading or incomplete
- 108E Use of information obtained under this subdivision
Division 3 - Status
- 108F Authority is statutory body under the Financial Accountability Act 2009
- 108G Authority is statutory body under the Statutory Bodies Financial Arrangements Act 1982
- 108H Budget
- 108I Performance of Authority
PART 7A - OFFICE OF THE PROSTITUTION LICENSING AUTHORITY
Division 1 - Establishment
Division 2 - Executive director
Subdivision 1 - Appointment- 110B Appointment of executive director
- 110C Terms of appointment
- 110D Function of executive director
- 110E Relationship with Authority
- 110F Delegation by executive director
- 110G Resignation
- 110H Ending of appointment
- 110I Preservation of rights 110J. (Repealed)
- 110K Acting executive director Subdivision 2 - Assessing suitability for appointment
- 110KA Extended criminal history checks
- 110KB Disclosure of changes in extended criminal history
- 110KC Disclosure must not be false, misleading or incomplete
- 110KD Use of information obtained under this subdivision
Division 3 - Staff of the office
Subdivision 1 - Employment- 110L Office staff Subdivision 2 - Assessing suitability to be engaged as staff member
- 110M Application of sdiv 2
- 110N Executive director may obtain extended criminal history
- 110O Failure to consent to obtaining extended criminal history
- 110P Obtaining extended criminal history with consent
- 110Q Assessment of suitability using extended criminal history
- 110R Staff member to disclose change in extended criminal history
- 110S Failing to make disclosure or making false, misleading or incomplete disclosure
- 110T Executive director may obtain report from commissioner
- 110U Use of information obtained under this subdivision
- 110V Person to be advised of information obtained from commissioner
PART 7B - ADMINISTRATION
Division 1 - Register
- 111 Licence and certificate register 112. (Repealed) 113. (Repealed) 114. (Repealed) 115. (Repealed) 116. (Repealed) 117. (Repealed) 118. (Repealed) 119. (Repealed) 120. (Repealed) 121. (Repealed) 122. (Repealed)
Division 2 - Prostitution Licensing Authority Fund
- 123 Establishment of fund
- 124 Payments into fund
- 125 Payments out of fund
- 126 Directions by Minister
PART 8 - GENERAL
Division 1 - Proceedings for offences
- 127 Indictable and summary offences
- 128 Proceedings for indictable offences
- 129 Limitation on who may summarily hear indictable offence proceedings
- 130 Limitation on time for starting summary proceedings
- 131 Offences about false or misleading information or documents
- 132 Evidentiary provision
Division 2 - Other matters
- 133 Disclosure of information
- 133A Confidentiality
- 134 Protection of officials from liability
- 134A Protection of health professionals from liability
- 135 Non-compellability of health service providers
- 136 Destruction of identifying particulars etc. 137. (Repealed)
- 138 Application of Judicial Review Act
- 138A Delegation
- 139 Approved forms
- 139A Guidelines
- 140 Regulation-making power
- 141 Review of Act
PART 9 - TRANSITIONAL PROVISIONS
Division 1 - Provision for Act No. 77 of 2001
- 142 Transitional provision about appeals
Division 2 - Provisions for Act No. 40 of 2006
- 143 Transitional provision for registrar and executive director
- 144 Transitional provision for licences
- 145 Transitional provision for certificates
- 146 Transitional provision for brothel offences
- 147 Membership of Authority
- 148 Proceedings
- 149 Transitional provision for evidentiary certificates
Division 3 - Provision for Act No. 59 of 2007
- 150 Continuation of refusal of development applications
Division 4 - Provision for Act No. 55 of 2008
- 151 References in sch 1 to Criminal Code offences
Division 5 - Provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009
- 152 Definition for div 5
- 153 Independent assessor goes out of office
- 154 Application of particular QCAT Act provisions to former independent assessor and former assessor’s registrar
Division 6 - Provision for Sustainable Planning Act 2009
- 155 Application of pt 4
Division 7 - Provisions for Police Legislation Amendment Act 2010
- 156 Definition for pt 9, div 7
- 157 Conduct of disciplinary inquiry started but not dealt with as at commencement
- 158 Disciplinary inquiry notice not given to licensee as at commencement
- 159 Disciplinary inquiry notice not given to approved manager as at commencement
- 160 Disqualifications for appointment—particular members of Authority
- 161 Extended criminal history checks—particular members of Authority
- 162 Extended criminal history checks—executive director
- 163 Executive director may obtain extended criminal history
Division 8 - Provision for Court and Civil Legislation Amendment Act 2017
- 164 Application of Act to application for variation not decided before commencement
Division 8 - Provisions for Planning (Consequential) and Other Legislation Amendment Act 2016
- 164 Definitions for division
- 165 Existing development application or request to change a development approval
- 166 Existing review or right to review by QCAT
- 167 Existing declaration or temporary declaration that premises are a prohibited brothel