Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 229HA

229HA section 229H

(1) Subsections (2) to (5) set out particular circumstances in which section 229H does not apply to a person.

(2) Section 229H does not apply to a person (the
"participant" ) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if—

(a) the provision of the prostitution by the other person happens at a licensed brothel in accordance with the brothel licence for the brothel; and

(b) the other person is an adult and is not a person with an impairment of the mind.

(3) Section 229H does not apply to a person (also the
"participant" ) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if—

(a) the activity constituting the prostitution is an activity mentioned in section 229E (1) (d) ; and

(b) the person engaging in the activity is providing adult entertainment under an adult entertainment permit and is an adult and is not a person with an impairment of the mind; and

(c) the activity is authorised under the permit.

(4) Section 229H does not apply to a person (also the
"participant" ) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if—

(a) the provision of the prostitution by the other person does not take place at a licensed brothel, and the prostitution is not unlawful prostitution; and

(b) either—

(i) the participant—

(A) is the holder of a current licence issued under the Security Providers Act 1993 for carrying out the functions of a bodyguard under that Act; and

(B) participates in the provision of the prostitution no more than the extent necessary for providing services as a bodyguard; and

(C) participates in the provision of the prostitution by the other person and no one else; or

(ii) the participant—

(A) is the holder of a current licence issued under the Security Providers Act 1993 for carrying out the functions of a crowd controller under that Act; and

(B) participates in the provision of the prostitution no more than the extent necessary for providing services as a driver; and

(C) participates in the provision of the prostitution by the other person and no one else; and

(c) the other person is an adult and is not a person with an impairment of the mind.

(5) Section 229H does not apply to a person (also the
"participant" ) who knowingly participates, directly or indirectly, in the provision of prostitution by another person if—

(a) the provision of the prostitution by the other person does not take place at a licensed brothel, and the prostitution is not unlawful prostitution; and

(b) the participant directly receives a message from the other person about the other person’s location, or the activity being undertaken by the other person, in relation to the provision of prostitution by the other person; and

(c) the participant participates in the provision of the prostitution no more than the extent necessary for ensuring the safety of the other person; and

(d) the participant participates in the provision of the prostitution by the other person and no one else; and

(e) the participant does not engage in prostitution.