New South Wales Consolidated Acts

RESTRICTED PREMISES ACT 1943 - SECT 17A

17A Evidence of use of premises as brothel

(1) This section applies to proceedings before the Land and Environment Court on an application under section 17 for premises not to be used as a brothel.

(2) In any proceedings to which this section applies--

(a) the Court may rely on circumstantial evidence to find that particular premises are used as a brothel, and

(b) the Court may make such a finding without any direct evidence that the particular premises are used as a brothel.

(3) However, the presence in any premises of articles or equipment that facilitate or encourage safe sex practices does not of itself constitute evidence of any kind that the premises are used as a brothel.

Note : Examples of circumstantial evidence include (but are not limited to) the following--

(a) evidence relating to persons entering and leaving the premises (including number, gender and frequency) that is consistent with the use of the premises for prostitution,

(c) evidence of appointments with persons at the premises for the purposes of prostitution that are made through the use of telephone numbers or other contact details that are publicly advertised,

(d) evidence of information in books and accounts that is consistent with the use of the premises for prostitution,

(e) evidence of the arrangement of, or other matters relating to, the premises or the furniture, equipment or articles in the premises, that is consistent with the use of the premises for prostitution.