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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Prostitution Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
4. Prostitution 3
Part 2 -- General provisions about
prostitution
Division 1 -- Persons generally
5. Seeking prostitute in public place 4
6. Seeking client in public place 5
7. Seeking to induce person to act as prostitute 6
8. Allowing person with sexually transmissible infection
to act as prostitute 6
9. Persons with certain health conditions not to use
prostitutes 7
10. Promoting employment in prostitution industry 7
11. Prohibition of certain sponsorships 8
12. Hindering performance of functions 8
13. Contravening direction by police to move on 9
14. Failure to comply with certain police requirements 9
Division 2 -- Prostitutes
15. Section 15 offence 10
16. Acting as a prostitute for a child 10
17. Persons with certain health conditions acting as
prostitutes 10
page i
87--2
Prostitution Bill 1999
Contents
Part 3 -- Other provisions about children
18. Causing, permitting, or seeking to induce child to act
as prostitute 12
19. Obtaining payment for prostitution by a child 12
20. Agreement for prostitution by a child 12
21. Child not to seek services of prostitute 13
22. Prostitution at place where child present 13
23. Allowing child to be at place involving prostitution 14
Part 4 -- Provisions for police
24. Interpretation 15
25. Powers to obtain information 15
26. Police may direct person to move on 17
27. Detention, search and seizure without warrant 17
28. Entry of, and seizure at, place of business without
warrant 18
29. Search and seizure with warrant 18
30. Warrant may be obtained remotely 19
31. Provisions about searching a person 20
32. Retaining something seized but not forfeited 22
33. Forfeiture and delivery on conviction 22
34. Forfeiture and delivery other than on conviction 23
35. Disposal of thing forfeited 25
36. Embargo notices 25
37. Undercover officers 26
38. Commissioner may delegate a function 27
Part 5 -- Restraining orders
39. Restraining order to prevent further offence 28
40. Restraining order against person who could be
required to move on 28
41. Provisions about making the order 28
42. Terms of restraining order 29
43. Duration of restraining order 30
44. Variation or cancellation 30
45. Court to notify parties of decision 32
46. When cancellation takes effect 32
47. Provisions about children 32
48. Breach of a restraining order 34
page ii
Prostitution Bill 1999
Contents
49. Appeals 34
50. Order not to conflict with family order 35
Part 6 -- Evidence
51. Accused presumed to know if person is a child 36
52. Person residing with child prostitute presumed to
receive payment 36
53. Accused presumed to have allowed presence of child 36
54. Intention presumed in some cases 36
55. Presumption of knowledge of sexually transmissible
infection 37
56. Certificate that undercover officer was authorized 37
57. Averment that prostitution business carried on 38
Part 7 -- Miscellaneous
58. Legal proceedings 39
59. Protection of certain persons 39
60. Exchange of information between State authorities 39
61. Confidentiality 41
62. Liability of managerial officer for offence by body
corporate 42
63. Summary trial of crimes 42
64. Regulations 43
65. Regulations relating to restraining order applications 44
66. Consequential amendments 44
Schedule 1 -- Offence history that may be
an element of a section 15 offence
Schedule 2 -- Consequential amendments to
other Acts
1. Evidence Act 1906 46
2. Police Act 1892 47
3. The Criminal Code 47
4. Young Offenders Act 1994 48
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Prostitution Bill 1999
A Bill for
An Act to make provisions about prostitution and for related
purposes, and to amend certain other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Prostitution Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Prostitution Act 1999.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Definitions
In this Act, unless the contrary intention appears --
"act as a prostitute" means to take part, as a prostitute, in an
act of prostitution;
10 "act of prostitution" means anything the doing of which
amounts to prostitution;
"child" means a person whose age is less than 18 years;
"client" has the meaning given to that term in section 4;
"Commissioner of Police" means the person holding or acting
15 in the office of Commissioner of Police under the Police
Act 1892;
"document" includes any tape, disc or other device or medium
on which information is recorded or stored mechanically,
photographically, electronically or otherwise;
20 "place" means anywhere at all, and includes anywhere in or on
something that is moving or can move;
"prohibited drug" has the meaning given to that term by
section 3 of the Misuse of Drugs Act 1981;
"prostitute" has the meaning given to that term in section 4;
25 "prostitution" has the meaning given by section 4;
"public place" means --
(a) any place to which the public, or any section of the
public, have or are permitted to have access whether
on payment or otherwise;
page 2
Prostitution Bill 1999
Preliminary Part 1
s. 4
(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 --
5 (i) that is not occupied by, or with the authority
of, the owner; or
(ii) to which the public has access with the
express or implied approval of the owner,
occupier or person who has the control or
10 management of the place;
"sexually transmissible infection" means --
(a) a sexually transmissible life threatening infection; or
(b) any other infection that is prescribed by regulations to
be a sexually transmissible infection for the purposes
15 of this Act;
"sexually transmissible life threatening infection" means an
infection that is prescribed by regulations to be a sexually
transmissible life threatening infection for the purposes of
this Act.
20 4. Prostitution
When this Act refers to prostitution it means prostitution in
which payment is consideration for the sexual stimulation of a
person ("the client") by means of physical contact between the
client and another person ("the prostitute"), or between either
25 of them and anything controlled by or emanating from the other,
and it is irrelevant whether payment is in money or any other
form.
page 3
Prostitution Bill 1999
Part 2 General provisions about prostitution
Division 1 Persons generally
s. 5
Part 2 -- General provisions about prostitution
Division 1 -- Persons generally
5. Seeking prostitute in public place
(1) A person who, in a public place, seeks another person to act as a
5 prostitute commits an offence under this subsection.
(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.
(3) A person who commits an offence under subsection (1) is
10 liable --
(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 (in this section
called "the offender") seeks another person to act as a
15 prostitute if the offender --
(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
the intention of --
20 (i) inviting or requesting another person to act as a
prostitute; or
(ii) receiving an invitation for another person to act
as a prostitute.
(5) It makes no difference --
25 (a) whether or not the offender is the prospective client;
(b) whether or not a particular person is sought to act as a
prostitute; or
page 4
Prostitution Bill 1999
General provisions about prostitution Part 2
Persons generally Division 1
s. 6
(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
someone else from, the person whom the offender seeks
5 to act as a prostitute.
6. Seeking client in public place
(1) A person who, in a public place, seeks another person to be a
prostitute's client commits an offence under this subsection.
(2) A person who commits an offence under subsection (1) is
10 liable --
(a) 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, to imprisonment for 3 years;
(b) in any other case, to imprisonment for one year.
15 (3) For the purposes of subsection (1), a person (in this section
called "the offender") seeks another person to be a prostitute's
client if the offender --
(a) invites or requests another person to be a prostitute's
client; or
20 (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
prostitute's client; or
(ii) receiving an invitation for another person to be a
25 prostitute's client.
(4) It makes no difference --
(a) whether or not the offender, or any particular person, is
the prospective prostitute;
page 5
Prostitution Bill 1999
Part 2 General provisions about prostitution
Division 1 Persons generally
s. 7
(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,
5 or intends to receive the invitation directly or through
someone else from, the person whom the offender seeks
to be a prostitute's client.
7. Seeking to induce person to act as prostitute
(1) A person is not to --
10 (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
other fraudulent means; or
15 (e) do anything else, or refrain from doing anything,
with the intention of inducing another person who is not a child
to act, or continue to act, as a prostitute.
(2) An offence under subsection (1) is a crime.
Penalty: Imprisonment for 10 years.
20 Summary conviction penalty: Imprisonment for 3 years.
8. Allowing person with sexually transmissible infection to act
as prostitute
(1) A person carrying on a business involving the provision of
prostitution commits an offence under this section if the
25 person --
(a) allows anyone (in this section called "the prostitute")
to act as a prostitute for the business; and
page 6
Prostitution Bill 1999
General provisions about prostitution Part 2
Persons generally Division 1
s. 9
(b) knows, or could reasonably be expected to know, that
the prostitute has a sexually transmissible infection.
(2) An offence under this section is a crime if the prostitute's
sexually transmissible infection was a sexually transmissible life
5 threatening infection.
(3) A person who commits an offence under this section is liable --
(a) if it is a simple offence, to imprisonment for 3 years;
(b) if it is a crime, to imprisonment for 14 years.
9. Persons with certain health conditions not to use prostitutes
10 (1) A person who knows, or could reasonably be expected to know,
that he or she has a sexually transmissible life threatening
infection commits a crime if he or she invites or allows another
person to act as a prostitute for him or her.
Penalty: Imprisonment for 20 years.
15 (2) A person who knows, or could reasonably be expected to know,
that he or she has a sexually transmissible infection that is not a
sexually transmissible life threatening infection commits a
crime if he or she invites or allows another person to act as a
prostitute for him or her.
20 Penalty: Imprisonment for 5 years.
Summary conviction penalty: Imprisonment for 2 years.
10. Promoting employment in prostitution industry
A person is not to publish or cause to be published a statement
that is intended or likely to induce a person to --
25 (a) seek employment as, or act as, a prostitute; or
(b) seek employment in any other capacity in any business
involving prostitution.
Penalty: $50 000.
page 7
Prostitution Bill 1999
Part 2 General provisions about prostitution
Division 1 Persons generally
s. 11
11. Prohibition of certain sponsorships
(1) A person is not, in Western Australia, to promote or publicize,
or agree to promote or publicize --
(a) any person as a prostitute; or
5 (b) any business involving 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.
(2) A person (whether inside or outside Western Australia) is not to
10 provide, or agree to provide, in Western Australia a sponsorship
under a contract or arrangement of a kind referred to in
subsection (1).
(3) In this section --
"sponsorship" includes --
15 (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
services) for directly promoting or publicizing a
person or business as referred to in subsection (1)(a)
20 or (b) through any medium.
Penalty: $50 000.
12. Hindering performance of functions
A person is not to delay, obstruct or otherwise hinder a police
officer or any other person in the performance of any function
25 under this Act.
Penalty: Imprisonment for 2 years.
page 8
Prostitution Bill 1999
General provisions about prostitution Part 2
Persons generally Division 1
s. 13
13. Contravening direction by police to move on
A person is not to, without lawful excuse, contravene a direction
given under section 26.
Penalty: For a first offence, imprisonment for 6 months, and for
5 a subsequent offence, imprisonment for one year.
14. Failure to comply with certain police requirements
(1) A person is not to, without lawful excuse, refuse or fail to
produce a document or other thing as required under section 25.
(2) A person is not to, without lawful excuse, refuse or fail to
10 answer a question or otherwise give information when required
to do so under section 25.
(3) An individual is not excused from complying with a requirement
under section 25 to answer a question or otherwise give
information or produce anything on the ground that the answer
15 to the question, the giving of the information, or the production
of the thing might incriminate the individual or render the
individual liable to a penalty, but neither --
(a) an answer given by the individual that was given to
comply with the requirement;
20 (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
25 produced,
is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for perjury or for
an offence arising from the false or misleading nature of the
answer or information given.
page 9
Prostitution Bill 1999
Part 2 General provisions about prostitution
Division 2 Prostitutes
s. 15
(4) Nothing in this Act prevents a person from refusing to answer a
question or otherwise give information or produce a document
or other thing because the answer or information would relate
to, or the document or thing contains, information in respect of
5 which the person claims legal professional privilege.
Penalty: Imprisonment for 2 years.
Division 2 -- Prostitutes
15. Section 15 offence
A person who acts as a prostitute commits an offence under this
10 section if --
(a) the person is a child;
(b) the person has been declared under section 32A of the
Misuse of Drugs Act 1981 to be a drug trafficker; or
(c) the person has been found guilty of an offence described
15 in Schedule 1.
Penalty: Imprisonment for 2 years.
16. Acting as a prostitute for a child
A person who acts as a prostitute for a client who is a child
commits an offence under this section.
20 Penalty: Imprisonment for 6 months.
17. Persons with certain health conditions acting as prostitutes
(1) A person who knows, or could reasonably be expected to know,
that he or she has a sexually transmissible life threatening
infection commits an offence under this subsection that is a
25 crime if he or she acts or offers to act as a prostitute.
Penalty: Imprisonment for 20 years.
page 10
Prostitution Bill 1999
General provisions about prostitution Part 2
Prostitutes Division 2
s. 17
(2) A person who knows, or could reasonably be expected to know,
that he or she has a sexually transmissible infection that is not a
sexually transmissible life threatening infection commits an
offence under this subsection that is a crime if he or she acts or
5 offers to act as a prostitute.
Penalty: Imprisonment for 5 years.
Summary conviction penalty: Imprisonment for 2 years.
page 11
Prostitution Bill 1999
Part 3 Other provisions about children
s. 18
Part 3 -- Other provisions about children
18. Causing, permitting, or seeking to induce child to act as
prostitute
(1) A person is not to cause or permit a child to act, or continue to
5 act, as a prostitute.
(2) A person is not to do anything with the intention of inducing a
child to act, or continue to act, as a prostitute.
(3) An offence under subsection (1) or (2) is a crime.
Penalty: Imprisonment for 14 years.
10 19. Obtaining payment for prostitution by a child
(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 taking part in an act of prostitution,
whether as a prostitute or as a client.
15 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
the ordinary course of a business unrelated to prostitution.
20 20. Agreement for prostitution by a child
(1) A person is not to enter into, or offer to enter into, an agreement
under which a child is to act as a prostitute, whether for that
person or anyone else.
Penalty: Imprisonment for 14 years.
25 (2) An offence under subsection (1) is a crime.
page 12
Prostitution Bill 1999
Other provisions about children Part 3
s. 21
21. Child not to seek services of prostitute
(1) A child is not to seek another person to act as a prostitute.
Penalty: Imprisonment for 6 months.
(2) For the purposes of subsection (1), a child seeks another person
5 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
the intention of --
10 (i) inviting or requesting another person to act as a
prostitute; or
(ii) receiving an invitation for another person to act
as a prostitute.
(3) It makes no difference --
15 (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
invitation or request directly or through someone else to,
20 or intends to receive the invitation directly or through
someone else from, the person whom the child seeks to
act as a prostitute.
22. Prostitution at place where child present
(1) A person who takes part, whether as a prostitute or as a client, in
25 an act of prostitution at a place where the person knows that a
child is present commits an offence under this section.
Penalty:
(a) for a first offence -- $25 000;
page 13
Prostitution Bill 1999
Part 3 Other provisions about children
s. 23
(b) for any subsequent offence -- imprisonment for
2 years;
(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
5 the act of prostitution exercises, or is able to exercise, control
over who is allowed to be there.
(3) It makes no difference whether control is, or is able to be,
exercised solely or in common with others.
23. Allowing child to be at place involving prostitution
10 A person who allows a child to enter or remain at a place at
which the person knows or could be reasonably expected to
know --
(a) an act of prostitution is taking place; or
(b) a business involving the provision of prostitution is
15 being carried on,
commits an offence under this section.
Penalty:
(a) for a first offence -- $25 000;
(b) for any subsequent offence -- imprisonment for
20 2 years.
page 14
Prostitution Bill 1999
Provisions for police Part 4
s. 24
Part 4 -- Provisions for police
24. Interpretation
(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
10 Part 5 Division 2 of the Young Offenders Act 1994;
"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 authorized by the owner to
15 possess it; and
(b) the possession is not prohibited by law or is authorized,
justified or excused by law.
25. Powers to obtain information
(1) A police officer may, for the purpose of performing any
20 function under this Act or any other function in respect of an
offence --
(a) require a person to produce to the police officer any
document or other thing that is in the possession or
under the control of the person;
25 (b) inspect any document or other thing produced to the
police officer and retain it for such reasonable period as
the police officer thinks fit, and make copies of a
document or any of its contents; and
page 15
Prostitution Bill 1999
Part 4 Provisions for police
s. 25
(c) require a person --
(i) to give the police officer such information as the
police officer requires; and
(ii) to answer any question put to that person.
5 (2) A requirement made under subsection (1) --
(a) is to be made in writing given to the person required to
produce the document or other thing;
(b) is to specify the time at or within which the document or
other thing is to be produced;
10 (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,
is to be treated as a requirement to produce --
15 (i) the document itself; and
(ii) the contents of the document in a readable
format.
(3) A requirement made under subsection (1) --
(a) may be made orally or in writing served on the person
20 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
case may be; and
25 (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
specified in the requirement;
page 16
Prostitution Bill 1999
Provisions for police Part 4
s. 26
(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.
5 (4) If under subsection (1) the police officer requires a person to
give information or answer a question, the police officer is to
inform the person that the person is required under this Act to
give the information or answer the question.
26. Police may direct person to move on
10 A police officer who has reason to suspect that a person has
committed, or intends to commit, an offence in 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
15 not more than 24 hours specified in the direction.
27. Detention, search and seizure without warrant
(1) A police officer may without a warrant stop, detain and search
anyone whom the police officer suspects on reasonable grounds
to be --
20 (a) committing an offence; or
(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 suspects on reasonable
25 grounds that there is --
(a) anyone who is committing an offence; or
(b) anything that will afford evidence as to the commission
of an offence.
page 17
Prostitution Bill 1999
Part 4 Provisions for police
s. 28
(3) The power to stop and detain a conveyance includes the power
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
5 suspected of anything because of which the person can be
detained under subsection (1).
(4) A police officer may without a warrant seize anything that the
police officer suspects on reasonable grounds will afford
evidence as to the commission of an offence.
10 28. Entry of, and seizure at, place of business without warrant
(1) A police officer may, without a warrant, at any time, enter any
place at or from which a business involving the provision of
prostitution is being, or is suspected of being, carried on and
inspect any articles and records kept there.
15 (2) A police officer who has entered a place under subsection (1)
may --
(a) search the place;
(b) stop, detain and search anyone at the place; and
(c) seize anything that the police officer suspects on
20 reasonable grounds will afford evidence as to the
commission of an offence.
(3) A police officer may use any force that is reasonably necessary
in exercising powers given by subsections (1) and (2).
29. Search and seizure with warrant
25 (1) If a justice is satisfied that there are reasonable grounds for
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.
page 18
Prostitution Bill 1999
Provisions for police Part 4
s. 30
(2) A warrant under subsection (1) authorizes any police officer at
any time, with such assistance as the police officer thinks
necessary and with such force as is reasonably necessary --
(a) to enter the place at any time;
5 (b) to search the place;
(c) to stop, detain and search anyone at the place; and
(d) to seize anything that the police officer suspects on
reasonable grounds will afford evidence as to the
commission of an offence.
10 (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
exercised from time to time unless the warrant expressly limits
that authority.
15 30. Warrant may be obtained remotely
(1) An application for a warrant under section 29 may be initially
submitted by telephone, fax, radio or another form of
communication if the applicant considers it necessary because
of urgent circumstances or the applicant's remote location.
20 (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.
(3) If an application is submitted under this section, the information
25 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.
page 19
Prostitution Bill 1999
Part 4 Provisions for police
s. 31
(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
5 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.
(5) If a warrant is issued upon an application submitted under this
10 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
warrant and the date on which, and the time at which, it was
signed.
15 (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
which the warrant ceases to have effect, the form of warrant
completed by the person and the affidavit sworn in connection
20 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
deal with the documents in the manner in which the justice
would have dealt with the affidavit if the application for the
25 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.
31. Provisions about searching a person
(1) A police officer cannot carry out a search of a person under this
30 Part unless of the same sex as the person searched.
page 20
Prostitution Bill 1999
Provisions for police Part 4
s. 31
(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
officer may --
(a) cause the search to be carried out, under the direction of
5 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
for the person to be searched in accordance with this
section; or
10 (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 authorizes a search by way of an
examination of the body cavities of a person unless it is carried
out under subsection (5) by a medical practitioner or a
15 registered nurse.
(4) A police officer may arrange for a medical practitioner or
registered nurse nominated by the police officer to examine the
body cavities of the person to be searched and may --
(a) detain the person until the arrival of that medical
20 practitioner or registered nurse; or
(b) convey or conduct the person to that medical
practitioner or registered nurse.
(5) A medical practitioner or registered nurse may carry out an
examination arranged by a police officer under subsection (4)
25 and no action lies against the medical practitioner or registered
nurse in respect of anything reasonably done for the purposes of
the examination.
(6) A police officer may use any force that is reasonably necessary,
and may call on any assistance necessary, in order to perform a
30 function under this section.
page 21
Prostitution Bill 1999
Part 4 Provisions for police
s. 32
(7) In this section --
"medical practitioner" means an individual who is registered
as a medical practitioner under the Medical Act 1894;
"registered nurse" means a person registered under Part 3 of
5 the Nurses Act 1992.
32. 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
10 section 33(1)(b) or 34(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
15 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
20 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.
33. Forfeiture and delivery on conviction
25 (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;
page 22
Prostitution Bill 1999
Provisions for police Part 4
s. 34
(b) anything relating to the offence that has been seized and
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
5 respect of which an order may be made under subsection (1)(b)
may, in connection with the making of an order --
(a) be heard in the proceedings for the offence;
(b) make an application under section 136A of the Justices
Act 1902 as if the person were a party to the proceedings
10 for the offence; and
(c) be an aggrieved person for the purposes of section 185 of
the Justices Act 1902.
34. Forfeiture and delivery other than on conviction
(1) A person claiming to be lawfully entitled to possess anything
15 seized and retained under this Act may, if the application is not
prevented by subsection (2) and the last day for applying has not
passed, apply to a court of petty sessions for an order that the
thing be delivered to the person.
(2) An application cannot be made under subsection (1) for an order
20 for the delivery of anything if --
(a) an order has been made under section 33(1) for its
forfeiture or delivery;
(b) a relevant juvenile justice team matter that has
commenced has not been finally disposed of by the team;
25 or
(c) a relevant charge that has been laid has not been
withdrawn or heard and determined.
page 23
Prostitution Bill 1999
Part 4 Provisions for police
s. 34
(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
5 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).
10 (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
for applying (whether under subsection (4) or as postponed by
this subsection) is postponed until the 21st day after the day on
15 which the making of the application ceases to be prevented by
subsection (2)(b) or (c).
(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
20 that the person is lawfully entitled to possess it.
(7) The court may adjourn the application if it is satisfied that the
thing seized should, for the time being, continue to be retained
because it is required for a reason described in section 32(2)(a).
(8) If the last day for applying under subsection (1) for an order for
25 the delivery of a thing has passed and either no application has
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.
page 24
Prostitution Bill 1999
Provisions for police Part 4
s. 35
35. Disposal of thing forfeited
(1) If anything is forfeited to the Crown under this Act, the
Commissioner may direct that it be sold, destroyed, or otherwise
disposed of, as the Commissioner thinks fit, unless subsection (2)
5 prevents the Commissioner from giving the direction.
(2) If anything is forfeited to the Crown --
(a) by an order under section 33(1)(a); or
(b) after an order dismissing an application under
section 34(1),
10 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
the determination of the appeal.
36. Embargo notices
15 Sections 90B, other than subsection (1), and 90C of the Police
Act 1892 apply as if --
(a) the reference in section 90B(2) to seizure under Part VI
of that Act included a reference to seizure under this
Part; and
20 (b) when those provisions apply as modified by
paragraph (a) --
(i) each reference in them to proceedings under that
Act were a reference to proceedings under this
Act; and
25 (ii) each reference in them to forfeiture under that
Act were a reference to forfeiture under this Part.
page 25
Prostitution Bill 1999
Part 4 Provisions for police
s. 37
37. Undercover officers
(1) The Commissioner may, in writing, authorize a police officer to
act as an undercover officer and may in writing revoke that
authority.
5 (2) Before authorizing a police officer to act as an undercover
officer the Commissioner is to ensure that the police officer is a
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
10 time being, be concealed or misrepresented for the purpose of
detecting the commission of an offence.
(4) An undercover officer may do anything specified in the
authorization given by the Commissioner for the purpose of
detecting the commission of an offence.
15 (5) If an undercover officer does anything as described in
subsection (4) --
(a) the undercover officer does not commit an offence and
is not liable as a party to an offence committed by
another person; and
20 (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.
(6) The Commissioner is required, whenever requested to do so by
25 the Minister, to give the Minister a report in writing containing
such particulars of the activities of undercover officers as the
Minister requires.
page 26
Prostitution Bill 1999
Provisions for police Part 4
s. 38
(7) In this section --
"Minister" means the Minister responsible for the
administration of the Police Act 1892;
"undercover officer" means a police officer acting as an
5 undercover officer under this section.
38. Commissioner may delegate a function
The Commissioner may by instrument in writing delegate a
function conferred on the Commissioner under this Part other
than a function given by section 37(6) or this power of
10 delegation.
page 27
Prostitution Bill 1999
Part 5 Restraining orders
s. 39
Part 5 -- Restraining orders
39. Restraining order to prevent further offence
If a court finds that a person has committed an offence under
section 5 or 6 or any other offence prescribed for the purposes
5 of this section by the regulations and the court is satisfied that,
unless restrained, the person is subsequently 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.
10 40. 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 26 and
that person has previously been given a direction under that
15 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,
to the Children's Court; or
20 (b) otherwise, to a court of petty sessions.
(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.
41. Provisions about making the order
25 (1) A court is not to make a restraining order against a person under
this Part unless the person has been given an opportunity to be
heard on the matter.
page 28
Prostitution Bill 1999
Restraining orders Part 5
s. 42
(2) If a restraining order has been, or is about to be, made against a
person under this Part 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
5 of not more than one hour until the order is served on the
person.
42. Terms of restraining order
(1) If the restraining order is made under section 39, it may impose
any restraints on the lawful activities and behaviour of the
10 person against whom it is made that the court considers
appropriate to prevent the person from subsequently committing
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 26.
15 (2) If the restraining order is made under section 40, 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
police officer grounds for giving the person a direction under
20 section 26.
(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
locality or place;
25 (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
considers appropriate.
page 29
Prostitution Bill 1999
Part 5 Restraining orders
s. 43
(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.
5 43. 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
10 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.
44. 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
15 Commissioner of Police or, with the leave of the court, by the
person against whom the order was made.
(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
20 (b) otherwise, to a court of petty sessions,
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
25 accompanied by an affidavit disclosing all facts material to the
application, whether supporting or adverse to the application,
that are known to the applicant.
page 30
Prostitution Bill 1999
Restraining orders Part 5
s. 44
(4) Neither the application nor the affidavit are to be served on the
person upon whose application the restraining order was made
(in this section called "the respondent") unless the court orders
under subsection (6) that they are to be served on the
5 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
10 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
15 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
20 restraining order was made.
(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
25 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).
page 31
Prostitution Bill 1999
Part 5 Restraining orders
s. 45
(10) The court may dispose of the application to vary or cancel a
restraining order by --
(a) dismissing the application;
(b) making a new restraining order in addition to the
5 original restraining order; or
(c) cancelling the original restraining order with or without
making a new restraining order.
(11) Anything in this Part that applies to a restraining order made in
the first instance also applies to a new restraining order made
10 under this section.
45. Court to notify parties of decision
If a person who was entitled to be given an opportunity to be
heard was not present when the court disposed of the
application to vary or cancel a restraining order, the clerk is to
15 notify the person of how the application was disposed of.
46. When cancellation takes effect
The cancellation of a restraining order has effect --
(a) if another restraining order is made when the original
order is cancelled, at the time the new order takes effect;
20 or
(b) otherwise, at the conclusion of the hearing at which the
order was cancelled.
47. Provisions about children
(1) No restraining order is to be made against a child whose age is
25 less than 10 years.
(2) In an application to vary or cancel a restraining order against a
child, section 45 of the Young Offenders Act 1994 applies as if
the matter were proceedings for an offence.
page 32
Prostitution Bill 1999
Restraining orders Part 5
s. 47
(3) If the Children's Court hears an application for a restraining
order under section 40 against a person or an application to vary
or cancel a restraining order against a person in the belief that
the person is a child when in fact the person is not a child --
5 (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
petty sessions;
(b) the Children's Court proceedings are not, for that
reason, invalidated; and
10 (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 petty
sessions to which the matter is transferred.
(4) If a court of petty sessions hears an application for a restraining
15 order under section 40 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 person is a child --
(a) as soon as it becomes aware the person is a child, the
court of petty sessions is to transfer the matter to the
20 Children's Court;
(b) the court of petty sessions proceedings are not, for that
reason, invalidated; and
(c) an order made by the court of petty sessions before it
became aware the person was a child, is as valid and has
25 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.
page 33
Prostitution Bill 1999
Part 5 Restraining orders
s. 48
48. Breach of a restraining order
A person against whom a restraining order was made under this
Part who contravenes the order commits an offence.
Penalty: $5 000.
5 49. Appeals
(1) A person aggrieved by the decision of a court relating to a
restraining order under this Part may appeal against that
decision in accordance with this section.
(2) If the decision was made by a court of petty sessions, the appeal
10 is to be made to the Supreme Court in accordance with Part VIII
of the Justices Act 1902.
(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
15 section 41 of the Children's Court of Western Australia
Act 1988 as if the decision were a decision within the meaning
of section 41(2) of that Act.
(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
20 be made to the Full Court in accordance with section 43 (other
than subsections (2) and (3)) of the Children's Court of Western
Australia Act 1988 as if the decision were a decision within the
meaning of section 43(3b) of that Act.
(5) If the decision was made by the District Court, the appeal is to
25 be made to the Full Court in accordance with section 79(1)(a) of
the District Court of Western Australia Act 1969.
(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
section 58 of the Supreme Court Act 1935.
page 34
Prostitution Bill 1999
Restraining orders Part 5
s. 50
(7) In this section --
"Full Court" has the same meaning as it has in the Supreme
Court Act 1935.
50. Order not to conflict with family order
5 (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
family order.
(2) In this section --
"family order" has the same meaning as it has in the
10 Restraining Orders Act 1997.
page 35
Prostitution Bill 1999
Part 6 Evidence
s. 51
Part 6 -- Evidence
51. 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
5 presumed that the accused knew that the person was a child
unless it is proved that, having taken all reasonable steps to find
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
10 least 18 years.
52. Person residing with child prostitute presumed to receive
payment
If in a proceeding for an offence under section 19(1) it is proved
that, at the time of the offence, the accused was residing with a
15 prostitute who was a child, the accused is presumed to be guilty
of the offence unless the contrary is proved.
53. Accused presumed to have allowed presence of child
If, in proceedings for an offence under section 23, it is proved
that a child was at a place at a particular time, the accused is
20 conclusively presumed to have allowed the child to enter or
remain at the place unless it is proved that the accused did not
know, and could not reasonably have known, that a child was at
the place at that time.
54. Intention presumed in some cases
25 (1) A person loitering in or frequenting a place in circumstances
giving reasonable grounds for suspecting that the person had an
intention described in section 5(4)(b) or 6(3)(b) is to be
presumed to have had that intention unless the contrary is
proved.
page 36
Prostitution Bill 1999
Evidence Part 6
s. 55
(2) A person doing anything in circumstances giving reasonable
grounds for suspecting that the person had an intention
described in section 18(2) is to be presumed to have had that
intention unless the contrary is proved.
5 55. Presumption of knowledge of sexually transmissible
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 17, to have known at the
10 time the person acted that the person had the sexually
transmissible infection unless it is proved that at that time the
person believed on reasonable grounds that the person did not
have a sexually transmissible infection.
(2) If a person carrying on a business involving the provision of
15 prostitution allowed a person (in this section called "the
prostitute") to act as a prostitute for the business and while
acting as a prostitute the prostitute had a sexually transmissible
infection, the person carrying on the business is conclusively
presumed, for the purposes of section 8, to have known at the
20 time the prostitute acted as a prostitute that the prostitute had the
sexually transmissible infection unless it is proved that, at that
time, the person carrying on the business believed on reasonable
grounds that the prostitute did not have a sexually transmissible
infection.
25 56. Certificate that undercover officer was authorized
A certificate purporting to be signed by the Commissioner of
Police or his delegate and stating that the person named in that
certificate was, at the time or during the period specified in that
certificate --
30 (a) a police officer acting as an undercover officer under
section 37; and
page 37
Prostitution Bill 1999
Part 6 Evidence
s. 57
(b) authorized to do anything stated in the certificate,
is, without proof of any appointment, delegation, or signature,
evidence of the facts stated in the certificate.
57. Averment that prostitution business carried on
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.
page 38
Prostitution Bill 1999
Miscellaneous Part 7
s. 58
Part 7 -- Miscellaneous
58. Legal proceedings
(1) A complaint of an offence under this Act can only be made by a
police officer.
5 (2) A court of summary jurisdiction dealing with an offence under
this Act is to be constituted by a magistrate.
59. 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 police officer or when
10 assisting a police officer in the performance or purported
performance of a function under this Act.
(2) The Crown is also relieved of any liability that it might otherwise
have had for a person having done anything as described in
subsection (1).
15 (3) The protection given by this section applies even though the
thing done as described in subsection (1) may have been capable
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.
20 60. Exchange of information between State authorities
(1) A State authority specified in subsection (4) may disclose to
another State authority specified in subsection (4) any
information that is, or could reasonably be expected to be,
relevant to the performance of a function of the State authority
25 to which the information is disclosed.
(2) If an administrative head referred to in subsection (4), in
writing, requests another administrative head referred to in
page 39
Prostitution Bill 1999
Part 7 Miscellaneous
s. 60
subsection (4) to disclose any information, the administrative
head receiving the request is to comply with the request unless
the exception in subsection (3) applies.
(3) The Commissioner of Police may decline to disclose
5 information requested under subsection (2) if to do so would be
likely to compromise an investigation.
(4) The State authorities specified in this subsection are --
(a) the Commissioner of Police (who is the
"administrative head"), police officers, and persons
10 employed in the department of the Public Service
principally assisting in the administration of the Police
Act 1892;
(b) the chief executive officer of the department of the
Public Service principally assisting in the administration
15 of the Health Act 1911 (who is the "administrative
head") and persons employed in that department;
(c) the chief executive officer of the department of the
Public Service principally assisting in the administration
of the Young Offenders Act 1994 (who is the
20 "administrative head") and persons employed in that
department;
(d) the chief executive officer of the department of the
Public Service principally assisting in the administration
of the Child Welfare Act 1947 (who is the
25 "administrative head") and persons employed in that
department.
(5) 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
30 whether or not the duty of confidentiality arose before this Act
commenced but, without limiting the authority given by this
section to disclose information, a person to whom confidential
page 40
Prostitution Bill 1999
Miscellaneous Part 7
s. 61
information is disclosed under this section is bound by the same
duty of confidentiality as applied to the person making the
disclosure.
(6) A person making a disclosure under this section incurs no civil
5 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.
61. Confidentiality
(1) A person to whom this subsection applies must not, whether
10 directly or indirectly, record, disclose, or make use of any
information obtained in the course of duty except --
(a) in the course of duty;
(b) as required or allowed by this Act or any other written
law;
15 (c) for the purpose of proceedings for an offence under this
Act;
(d) with the written authority of the Minister or the person
to whom the information relates; or
(e) in other prescribed circumstances.
20 Penalty: $5 000.
(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
25 other information that could not reasonably be expected to lead
to the identification of any person to whom it relates.
(4) Subsection (1) applies to a person who is or was --
(a) a police officer; or
page 41
Prostitution Bill 1999
Part 7 Miscellaneous
s. 62
(b) a person employed in the department of the Public
Service principally assisting in the administration of the
Police Act 1892.
62. Liability of managerial officer for offence by body corporate
5 (1) If a body corporate is found to have 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
10 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.
15 (2) In subsection (1) --
"managerial officer" means --
(a) a director or secretary of the body;
(b) a person who exercises or exerts control or influence
over the body, or is in a position to do so;
20 (c) a person who at any time takes responsibility for the
management of a business carried on by the body; or
(d) a person who is a shareholder of the body, if the body
is a proprietary company.
63. Summary trial of crimes
25 (1) If, after a provision of this Act, "Summary conviction penalty:"
appears followed by a penalty, a charge before a court of petty
sessions that a person has committed an offence under that
provision may be dealt with summarily in accordance with this
page 42
Prostitution Bill 1999
Miscellaneous Part 7
s. 64
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
5 the court considers that the charge can be adequately dealt with
summarily having regard to --
(a) the nature and particulars of the offence;
(b) such particulars of the circumstances relating to the
charge and the antecedents of the person charged as the
10 court may require from the prosecutor; and
(c) whether or not it is appropriate to deal with the charge
summarily.
64. Regulations
(1) The Governor may make regulations prescribing all matters that
15 are required or permitted by this Act to be prescribed or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Regulations prescribing an infection to be a sexually
transmissible infection or a sexually transmissible life
20 threatening infection for the purposes of this Act can only be
made on the recommendation of the Executive Director, Public
Health, and --
(a) a recommendation that an infection be prescribed to be a
sexually transmissible infection is only to be made if the
25 infection is capable of being transmitted by sexual activity;
(b) a recommendation that an infection be prescribed to be a
sexually transmissible life threatening infection is only
to be made if --
(i) the infection is capable of being transmitted by
30 sexual activity;
page 43
Prostitution Bill 1999
Part 7 Miscellaneous
s. 65
(ii) the infection endangers or is likely to endanger
human life; and
(iii) the Executive Director, Public Health does not
know of a cure for the infection.
5 65. Regulations relating to restraining order applications
(1) Without limiting section 64, the Governor may make
regulations as to the making of applications for the making,
variation or cancellation of orders under Part 5 and the
procedure on the hearing of such applications.
10 (2) References in subsection (1) to an application for the variation
or cancellation of an order refer also to an application seeking
leave to make an application for the variation or cancellation of
an order.
66. Consequential amendments
15 Other Acts are amended as shown in Schedule 2.
page 44
Prostitution Bill 1999
Offence history that may be an element of a section 15 offence Schedule 1
Schedule 1 -- Offence history that may be an element of a
section 15 offence
[s. 15(c)]
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. 297
s. 320(2) or (3)
15 s. 321(2) or (3)
s. 321A(3)
s. 324, 325, or 326
s. 327
s. 329
20 s. 330(2) or (3)
s. 332
s. 333
s. 338A, 338B, or 338C
s. 343
25 s. 396, 397, or 398
Child Welfare Act 1947
s. 108(1)
page 45
Prostitution Bill 1999
Schedule 2 Consequential amendments to other Acts
Schedule 2 -- Consequential amendments to other Acts
[s. 66]
1. Evidence Act 1906
(1) In section 36A(1) of the Evidence Act 1906*, in the definition of
5 "sexual offence", by deleting paragraph (a) and inserting instead the
following paragraph --
"
(a) under section 186 or 191(1) of The Criminal
Code or section 7, 9, 15, 17, or 18 of the
10 Prostitution Act 1999;
".
(2) In Schedule 7 of the Evidence Act 1906*:
(a) in Part A clause 1(a), by inserting after "Part B or C" the
following --
15 "
or a section of the Prostitution Act 1999 mentioned
in Part B
";
(b) by deleting Part B and inserting instead the following Part --
20 "
Part B
The Criminal Code
181 Carnal knowledge of animal
184 Indecent practices between males in public
186 Occupier or owner allowing certain persons
to be on premises for unlawful carnal
knowledge
191 Procuration
192 Procuring person to have unlawful carnal
knowledge by threats, fraud, or
administering drugs
XXXI Sexual offences
page 46
Prostitution Bill 1999
Consequential amendments to other Acts Schedule 2
Prostitution Act 1999
5 Seeking prostitute in public place
6 Seeking client in public place
15(a) Acting as a prostitute while a child
16 Acting as a prostitute for a child
17 Persons with certain health conditions acting
as prostitutes
18 Causing, permitting, or seeking to induce
child to act as prostitute
19 Obtaining payment for prostitution by a child
20 Agreement for prostitution by a child
22 Prostitution at place where child present
23 Allowing child to be at place involving
prostitution
".
[* Reprinted as at 10 September 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 86, and Acts Nos. 40 of 1998, and
5 26 of 1999.]
2. Police Act 1892
Section 59 of the Police Act 1892* is amended by deleting "and any
common prostitute who shall solicit, importune or accost any person
or persons for the purpose of prostitution, or loiter about for the
10 purpose of prostitution in any street, or place, or within the view or
hearing of any person passing therein,".
[* Reprinted as at 31 January 1977.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 196, and Act No. 18 of 1999.]
15 3. The Criminal Code
Section 195 of The Criminal Code* is repealed.
[* Reprinted as at 2 October 1999 as the Schedule to the Criminal
Code Act 1913 appearing as Appendix B to the Criminal Code
Compilation Act 1913.
20 For subsequent amendments see Act No. 35 of 1999.]
page 47
Prostitution Bill 1999
Schedule 2 Consequential amendments to other Acts
4. Young Offenders Act 1994
In Schedule 2 of the Young Offenders Act 1994*, by inserting before
the heading relating to the Road Traffic Act 1974 the following --
"
2A. Prostitution Act 1999
s. 7 Seeking to induce person to act as
prostitute
s. 9 Persons with certain health conditions not
to use prostitutes
s. 17(1) Acting or offering to act as prostitute with
a sexually transmissible life
threatening infection
s. 18 Causing, permitting, or seeking to induce
child to act as prostitute
s. 19 Obtaining payment for prostitution by a
child
s. 20 Agreement for prostitution by a child
5 ".
[* Reprinted as at 26 November 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 279.]
page 48
Prostitution Bill 1999
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
act of prostitution ............................................................................................. 3
administrative head .............................................................60(4)(a), (b), (c), (d)
child................................................................................................................. 3
client................................................................................................................ 3
Commissioner of Police.................................................................................... 3
Commissioner ............................................................................................24(1)
conveyance ................................................................................................24(1)
document ......................................................................................................... 3
family order ...............................................................................................50(2)
Full Court...................................................................................................49(7)
juvenile justice team...................................................................................24(1)
managerial officer ......................................................................................62(2)
medical practitioner....................................................................................31(7)
Minister .....................................................................................................37(7)
offence .......................................................................................................24(1)
place ................................................................................................................ 3
prohibited drug................................................................................................. 3
prostitute.......................................................................................................... 3
prostitution....................................................................................................... 3
public place...................................................................................................... 3
registered nurse ..........................................................................................31(7)
relevant charge ...........................................................................................34(3)
relevant juvenile justice team matter ...........................................................34(3)
sexually transmissible infection ........................................................................ 3
sexually transmissible life threatening infection ................................................ 3
sponsorship ................................................................................................11(3)
the client .......................................................................................................... 4
the prostitute .................................................................................................... 4
the respondent ............................................................................................44(4)
undercover officer ......................................................................................37(7)
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