New South Wales Repealed Acts

This legislation has been repealed.

BROTHELS LEGISLATION AMENDMENT ACT 2007 - SCHEDULE 2

SCHEDULE 2 – Amendment of Restricted Premises Act 1943

(Section 4)

[1] Section 2 Definitions

Omit the definition of "brothel". Insert instead:

"brothel" means premises:

(a) habitually used for the purposes of prostitution, or

(b) that have been used for the purposes of prostitution and are likely to be used again for that purpose, or

(c) that have been expressly or implicitly:

(i) advertised (whether by advertisements in or on the premises, newspapers, directories or the internet or by other means), or

(ii) represented,

as being used for the purposes of prostitution, and that are likely to be used for the purposes of prostitution.

Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

[2] Section 2

Insert in alphabetical order:

"related sex uses" means the following:

(a) the use of premises for the provision of sexual acts or sexual services in exchange for payment,

(b) the use of premises for the provision of massage services (other than genuine remedial or therapeutic massage services) in exchange for payment,

(c) the use of premises for the provision of adult entertainment involving nudity, indecent acts or sexual activity if the entertainment is provided in exchange for payment or if the entertainment is ancillary to the provision of other goods or services.

[3] Section 17 Application to Land and Environment Court for premises not to be used as brothel

Insert after section 17 (1):

(1A) An order under subsection (1) may also provide that the owner or occupier of the premises is not to use or allow the use of the premises for specified related sex uses.

(1B) The Land and Environment Court may, if it makes an order under subsection (1), also make an order suspending or varying the operation, for a period not exceeding 6 months, of any development consent relating to the use of the premises for the purpose of a brothel or the use of the premises for specified related sex uses.

(1C) An order under subsection (1B) has effect despite any provision of the Environmental Planning and Assessment Act 1979 or any instrument made under that Act.

[4] Section 17 (2A)

Insert after section 17 (2):

(2A) For the purposes of subsection (2), one complaint may be sufficient to warrant the making of an application in the case of a brothel used or likely to be used for the purposes of prostitution by 2 or more prostitutes.

[5] Section 17 (3)

Omit "complaints". Insert instead "complaint or complaints".

[6] Section 17 (3) (d)

Insert at the end of section 17 (3) (c):

, or

(d) persons who work in the vicinity of the brothel or persons who regularly use, or whose children regularly use, facilities in the vicinity of the brothel.

[7] Section 17 (5)

Omit "this section". Insert instead "subsection (1)".

[8] Section 17 (5A)

Insert after section 17 (5):

(5A) In making an order under subsection (1B), the Land and Environment Court is to take into consideration only the following:

(a) the likelihood that the premises will continue to be used for a brothel or will be used for related sex uses (whether or not by a person who is subject to the order under subsection (1)),

(b) having regard to the kinds of matters considered before granting the order under subsection (1), the effect on the amenity of the neighbourhood of any such use or uses,

(c) the permitted uses for the land on which the premises are situated under any applicable environmental planning instruments or approval under the Environmental Planning and Assessment Act 1979 ,

(d) any other matter that the Land and Environment Court considers is relevant.

[9] Section 17 (7)

Omit the subsection. Insert instead:

(7) In this section:
"church", "hospital" and "school" have the same meanings as in the Summary Offences Act 1988 .
"development consent" has the same meaning as it has in Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 .
"local council" includes a person or body that:

(a) exercises planning or regulatory functions in respect of the area in which premises are situated, and

(b) is authorised by the Minister administering the Environmental Planning and Assessment Act 1979 to exercise the functions of a local council under this section.

[10] Section 17A Evidence of use of premises as brothel

Omit section 17A (1) and (2). Insert instead:

(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.

[11] Section 17A, note

Omit paragraph (b).

[12] Section 17A, note

Omit "arrangement of the premises, or of the furniture" from paragraph (e).
Insert instead "arrangement of, or other matters relating to, the premises or the furniture".

[13] Schedule 1 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Brothels Legislation Amendment Act 2007